A.R.S. § 44-6551 — Arizona Code / Title 44 / Chapter 19 / Article 1 / Section 6551
44-6551 Definitions
Status: in_force

44-6551. Definitions

In this article, unless the context otherwise requires:

1. "Charitable organization" means either of the following:

(a) A person determined by the internal revenue service to be a tax exempt organization pursuant to section 501(c)(3) of the internal revenue code.

(b) A person who is or who is held out to be established for a benevolent, educational, philanthropic, humane, scientific, patriotic, social welfare or advocacy, public health, environmental conservation, civic or other eleemosynary purpose or a person who in any manner employs a charitable appeal as the basis of a solicitation.

2. "Contracted fund raiser" means a person who for profit either solicits directly or employs, procures or engages another person to solicit for a charitable organization.  A contracted fund raiser does not include a lawyer, investment counselor or banker who advises a person to make a charitable contribution, a bona fide salaried officer, employee or volunteer of a charitable organization or a person the contracted fund raiser employs, procures or engages to solicit.

3. "Independent solicitor" means a person who for profit engages to solicit on behalf of a charitable organization or on behalf of a contracted fund raiser.

4. "Solicit" and "solicitation" means a request of any kind for a contribution or a request for the purchase of goods, tickets or services for a charitable purpose.
A.R.S. § 44-1381 — Arizona Code / Title 44 / Chapter 9 / Article 25 / Section 1381
44-1381 Operator service providers; collect call rates; disclosure
Status: in_force

44-1381. Operator service providers; collect call rates; disclosure

A provider of automated or live operator services accessed from a jail, prison or correctional facility in this state shall provide an oral rate disclosure to the party responsible for the payment of the call.  The rate disclosure shall occur before the party responsible for the payment of the collect call accepts the call regardless if the call is an interstate or intrastate call.
A.R.S. § 44-2011 — Arizona Code / Title 44 / Chapter 12 / Article 15 / Section 2011
44-2011 Petition for appointment of conservator or receiver
Status: in_force

44-2011. Petition for appointment of conservator or receiver

If an act, practice or transaction constituting a violation of section 44-1841 or 44-1842 or article 13 of this chapter is alleged in a complaint filed by this state or any agency of this state, the commission may petition the superior court in Maricopa county for the appointment of a conservator to reorganize the affairs of, or a receiver to wind up the affairs of, the violator. The commission may also transmit any evidence it has available concerning the act, practice or transaction to the attorney general.  On receipt of the evidence, the attorney general may petition the superior court in Maricopa County for the appointment of a conservator to reorganize the affairs of, or a receiver to wind up the affairs of, the violator.  Process in actions filed pursuant to this section may be served on the defendant in any county in this state in which the defendant transacts business or is found.
A.R.S. § 44-1724 — Arizona Code / Title 44 / Chapter 11 / Article 8 / Section 1724
44-1724 Damages; costs; attorney fees
Status: in_force

44-1724. Damages; costs; attorney fees

In a civil action pursuant to section 44-1723, the container owner is entitled to recover as damages the greater of three times the amount of actual replacement cost of each container recovered or taken or one hundred dollars for each violation and ten dollars for each container. The prevailing party shall recover reasonable attorney fees, costs and other expenses incurred in the action.
A.R.S. § 44-3156 — Arizona Code / Title 44 / Chapter 13 / Article 4 / Section 3156
44-3156 Application for licensure as investment adviser representative
Status: in_force

44-3156. Application for licensure as investment adviser representative

A. Any individual may apply for licensure as an investment adviser representative.  An application for licensure as an investment adviser representative shall be signed by the applicant and by the licensed or federal covered adviser employing or intending to employ the applicant.

B. An application for licensure as an investment adviser representative shall be filed with the commission through the IARD.  If the IARD does not provide for receipt of a filing, the filing may be made with the commission by mail or any other reasonable method that is acceptable to the commission.

C. An application for licensure shall include the following, together with other information the commission prescribes:

1. A completed form U-4 or any other form as the director may designate.  An applicant that has a current form U-4 filed with this state may submit a brief written request for licensure with the commission.

2. Proof of compliance with written examination requirements.

3. If the applicant's fingerprints are not on file with the division, the CRD system or the IARD, a full set of fingerprints.  The commission shall submit the fingerprints to the department of public safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

D. An application for licensure as an investment adviser representative shall be accompanied by payment of the licensure fee prescribed in section 44-3181.
A.R.S. § 44-1326 — Arizona Code / Title 44 / Chapter 9 / Article 9 / Section 1326
44-1326 Violation; classification
Status: in_force

44-1326. Violation; classification

A used automotive components dealer who fails in any respect to keep a book or similar record prescribed by section 44-1325 or to set out in a book or similar record any matter this article requires or who refuses, on demand of any peace officer of this state, to exhibit a book or similar record, business record, receipt or transaction record, or who knowingly destroys a book or similar record within two years after making the final entry of any transaction or who otherwise fails to comply with this article is guilty of a class 1 misdemeanor.
A.R.S. § 44-1896 — Arizona Code / Title 44 / Chapter 12 / Article 7 / Section 1896
44-1896 Substitution of prospectus filed under or complying with standards of form prescribed by or under securities act of 1933 for prospectus required by sections 44-1892 and 44-1894
Status: in_force

44-1896. Substitution of prospectus filed under or complying with standards of form prescribed by or under securities act of 1933 for prospectus required by sections 44-1892 and 44-1894

A. If the securities being registered by qualification have been or are to be registered under the securities act of 1933, there may be filed in lieu of the prospectus prescribed in section 44-1894 the definitive prospectus of the issuer filed under the securities act of 1933, if dated within thirty days of the application for registration under section 44-1892.

B. A prospectus or an offering circular, the standards of form or content of which are prescribed by any provision of the securities act of 1933, or rules and regulations promulgated thereunder, may be accepted as a prospectus in lieu of that prescribed by section 44-1894 in connection with an application for registration, the registration or the renewal of registration of securities by qualification, but the director shall determine that the nature and scope of the information disclosed in respect to any issuer is substantially equivalent in informative value to that prescribed under section 44-1894.
A.R.S. § 44-6561 — Arizona Code / Title 44 / Chapter 19 / Article 1 / Section 6561
44-6561 Unlawful acts or practices; violation; classification; civil penalty
Status: in_force

44-6561. Unlawful acts or practices; violation; classification; civil penalty

A. The following acts and practices are unlawful as applied to the planning, conduct or execution of a solicitation and constitute unlawful practices under section 44-1522 that the attorney general may investigate and for which the attorney general may take appropriate action as prescribed by chapter 10, article 7 of this title:

1. Knowingly using an emblem, device or printed matter belonging to or associated with a charitable organization without first being authorized in writing to do so by the charitable organization.

2. Knowingly using a name, symbol or statement so closely related or similar to that used by another charitable organization for the purpose of misleading a solicited person.

3. Knowingly making a misrepresentation to a person that the person on whose behalf a solicitation is being conducted is a charitable organization.

4. Knowingly making a representation to a person that another person sponsors, endorses or approves the solicitation if the other person has not given consent in writing to the use of that person's name for these purposes.

5. Knowingly failing to post in a clear and conspicuous manner at a location in which a charitable organization or other business entity receives donated items for the purpose of reselling the items to financially benefit a charitable organization one of the following statements:

(a) This collection site is owned by [name of charity], a charitable organization. Donated items received at this location will support the charitable mission of [name of charity].

(b) This collection site is owned by [name of company], a for-profit company.  Donated items received at this location will be sold by [name of company] with a portion of the proceeds benefiting [name of charity].

6. Knowingly making a misrepresentation to a person that a donation is any of the following:

(a) Tax deductible.

(b) Going to a nonprofit corporation.

(c) Enabling the person to receive a tax credit.

B. A contracted fund raiser who knowingly conducts any act or practice proscribed in subsection A of this section is guilty of a class 6 felony.

C. An independent solicitor who knowingly conducts any act or practice proscribed in subsection A of this section is guilty of a class 1 misdemeanor.

D. In addition to the criminal offenses provided in subsections B and C of this section, if a person conducts an act or practice proscribed in subsection A of this section, the attorney general may recover from the person on behalf of the state a civil penalty of not more than one thousand dollars per violation. The civil penalty prescribed by this subsection is in lieu of the penalty prescribed by section 44-1531.

E. For the purposes of subsection A, paragraph 5 of this section, an entity owns a collection site if the entity receives at least fifty-one percent of the proceeds generated by the retail sale of the donated items received at the collection site.
A.R.S. § 44-1705 — Arizona Code / Title 44 / Chapter 11 / Article 7 / Section 1705
44-1705 Information statement; contents
Status: in_force

44-1705. Information statement; contents

The information statement shall include all of the following:

1. A complete and accurate statement of the buyer's right to review any file on the buyer maintained by a consumer credit reporting agency and the right of the buyer to receive a copy of that file, as provided by section 44-1693. The statement shall include the approximate price the buyer will be charged by the credit reporting agency for a copy of the file.

2. A complete and accurate statement of the buyer's right to dispute the completeness or accuracy of any item contained in any file on the buyer maintained by any consumer credit reporting agency as provided by section 44-1694.

3. A complete and detailed description of the services to be performed by the credit services organization for or on behalf of the buyer and the total amount the buyer has to pay, or become obligated to pay, for the services.

4. If the credit services organization is required to obtain a surety bond pursuant to section 44-1703, the statement shall set forth both of the following:

(a) The buyer's right to proceed against the bond under the circumstances and in the manner set forth in section 44-1708.

(b) The name and address of the surety company which issued the bond.
A.R.S. § 44-317 — Arizona Code / Title 44 / Chapter 3 / Article 1 / Section 317
44-317 Filing claim with department
Status: in_force

44-317. Filing claim with department

A. Any person, excluding another state, who claims property that was paid or delivered to the department may file a claim on a form prescribed by the department and verified by the claimant.

B. Within ninety days after a claim is filed the department shall allow or deny the claim and shall give written notice of the decision to the claimant. If the claim is denied the department shall inform the claimant of the reasons for the denial and shall specify what additional evidence is required before the claim will be allowed.  The claimant may then file a new claim with the department or may maintain an action pursuant to section 44-318.

C. Within thirty days after a claim is allowed the department shall deliver the property or pay the net proceeds of a sale of the property to the claimant, including any dividend, interest or other increment to which the claimant is entitled pursuant to sections 44-311 and 44-312.

D. A holder who pays the owner for property that has been delivered to the department and that if claimed from the department by the owner would be subject to an increment pursuant to sections 44-311 and 44-312 shall recover from the department the amount of the increment.

E. Notwithstanding any other maximum time period that is specified in a statute, contract or court order to commence or enforce an action to obtain payment of a claim for monies or recovery of property, a person may file a claim under subsection A of this section within thirty-five years after the final day of the fiscal year in which the department receives the unclaimed property.
A.R.S. § 44-1304.01 — Arizona Code / Title 44 / Chapter 9 / Article 8 / Section 1304.01
44-1304.01 Storage, disposal, discard or abandonment of used motor vehicle tires; registration fees; violation; classification; exception
Status: in_force

44-1304.01. Storage, disposal, discard or abandonment of used motor vehicle tires; registration fees; violation; classification; exception

A. It is unlawful to store one hundred or more used motor vehicle tires outdoors as follows:

1. In any fashion that exceeds twenty feet in height.

2. In a pile that is more than one hundred fifty feet from a twenty foot wide access route that allows fire control apparatus to approach the pile.  Access routes between and around tire piles shall be at least twenty feet wide and maintained free of accumulations of rubbish, equipment or other materials.  Access routes shall be spaced so that a maximum grid system unit of fifty feet by one hundred fifty feet is maintained.

3. Within three feet of any property line.

4. In any fashion that exceeds six feet in height if the used tires are stored between three and ten feet of any property line.

5. Within fifty feet of any area in which smoking of tobacco or any other substance by persons is allowed. "No smoking" signs shall be posted in suitable and conspicuous locations.

6. At any area in which the used motor vehicle tires are stored and in which electrical wiring, fixtures or appliances do not comply with the national electrical code.

7. Without placing class "2A-10BC" type fire extinguishers at well marked points throughout the storage area so that the travel distance from any point in the storage area to a fire extinguisher is not more than seventy-five feet.

8. Without prior registration of the site with the department of environmental quality.  The registration shall be on a form approved by the department and shall include the site's location, the name of the owner of the property, the name of the owner or operator of the business storing the waste tires, if applicable, and the type and approximate quantity of waste tires stored at the site. For any waste tire collection site that is operating on September 26, 2008, the owner of the property shall register pursuant to this paragraph on or before November 25, 2008. For any person who stores one hundred or more used motor vehicle tires outdoors after July 20, 2011, the operator shall pay a registration fee.  After July 20, 2011, the department shall establish by rule a registration fee, including a maximum fee.  Registration fees shall be deposited, pursuant to sections 35-146 and 35-147, in the solid waste fee fund established by section 49-881.

B. A person who knowingly discards or abandons five hundred or more motor vehicle tires, discards or abandons any motor vehicle tires for commercial purposes except as provided in section 44-1304, or otherwise knowingly performs any act prohibited by subsection A of this section involving five hundred or more motor vehicle tires is guilty of a class 5 felony.

C. The attorney general may enforce this section.

D. For the purposes of this section, used motor vehicle tires do not include tires that have been recapped and have not yet been put back into service.
A.R.S. § 44-1973 — Arizona Code / Title 44 / Chapter 12 / Article 11 / Section 1973
44-1973 Conduct of hearing
Status: in_force

44-1973. Conduct of hearing

A. Any hearing under this article may be held before the commission, a member thereof, the director, or other authorized officer of the commission as the commission directs.

B. Conduct of the hearing shall be governed by this section, and by the rules of practice and procedure which may be adopted by the commission. Neither the commission nor any member thereof, nor the director, nor other authorized officer of the commission, shall be bound by the technical rules of evidence in the conduct of hearings under this article, and no informality in any proceeding, as in the manner of taking testimony, shall invalidate any order, decision, rule or regulation made, approved or confirmed by the commission.

C. A stenographic record of all proceedings and testimony shall be made of each hearing by a shorthand reporter appointed by the commission, and the record shall be reduced to writing and filed with the commission.
A.R.S. § 44-1507 — Arizona Code / Title 44 / Chapter 10 / Article 6 / Section 1507
44-1507 Violation; classification
Status: in_force

44-1507. Violation; classification

A person violating any provision of this article is guilty of a class 2 misdemeanor.
A.R.S. § 44-1217 — Arizona Code / Title 44 / Chapter 9 / Article 2 / Section 1217
44-1217 Fraud on creditors by removal, sale or concealment of property; classification
Status: in_force

44-1217. Fraud on creditors by removal, sale or concealment of property; classification

A debtor who fraudulently removes his property or effects from the state, or fraudulently sells, conveys, assigns or conceals his property, with intent to defraud, hinder or delay his creditors of their rights, claims or demands, is guilty of a class 2 misdemeanor.
A.R.S. § 44-1378.08 — Arizona Code / Title 44 / Chapter 9 / Article 22 / Section 1378.08
44-1378.08 Cumulative nature of penalties
Status: in_force

44-1378.08. Cumulative nature of penalties

The rights, remedies and penalties provided pursuant to this article are cumulative and do not abrogate and are in addition to any other rights, remedies and penalties that may exist at law or in equity.
A.R.S. § 44-1708 — Arizona Code / Title 44 / Chapter 11 / Article 7 / Section 1708
44-1708 Surety bond; procedures to obtain or establish; claim by action at law; limit of liability
Status: in_force

44-1708. Surety bond; procedures to obtain or establish; claim by action at law; limit of liability

A. If a credit services organization is required to obtain a surety bond pursuant to section 44-1703, the following procedures apply:

1. A copy of the bond shall be filed with the corporation commission.

2. The bond required shall be in favor of this state for the benefit of any person who is damaged by any violation of this article. The bond shall also be in favor of any person damaged by the practices.

3. A person claiming against the bond for a violation of this article may maintain an action at law against the credit services organization and against the surety.

B. The surety is liable only for actual damages and not the punitive damages permitted under section 44-1711. The aggregate liability of the surety to all persons damaged by a credit services organization's violation of this article shall in no event exceed the amount of the bond.

C. The bond shall be in an amount equal to five per cent of the total amount of the fees charged buyers by the credit services organization under the contracts entered into between the credit services organization and the buyers during the previous twelve months, but in no case shall the bond be less than five thousand dollars or more than twenty-five thousand dollars. The amount required shall be adjusted once a year, no later than the tenth day of the first month of the credit services organization's fiscal year.
A.R.S. § 44-1004 — Arizona Code / Title 44 / Chapter 8 / Article 1 / Section 1004
44-1004 Transfers fraudulent as to present and future creditors
Status: in_force

44-1004. Transfers fraudulent as to present and future creditors

A. A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation under any of the following:

1. With actual intent to hinder, delay or defraud any creditor of the debtor.

2. Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor either:

(a) Was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction.

(b) Intended to incur, or believed or reasonably should have believed that he would incur, debts beyond his ability to pay as they became due.

B. In determining actual intent under subsection A, paragraph 1, consideration may be given, among other factors, to whether:

1. The transfer or obligation was to an insider.

2. The debtor retained possession or control of the property transferred after the transfer.

3. The transfer or obligation was disclosed or concealed.

4. Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit.

5. The transfer was of substantially all of the debtor's assets.

6. The debtor absconded.

7. The debtor removed or concealed assets.

8. The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred.

9. The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred.

10. The transfer occurred shortly before or shortly after a substantial debt was incurred.

11. The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.