reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2188.02 - Correction of deficiencies in the application

32-2188.02.
Correction of deficiencies in the application
A. If the commissioner determines that a claimant s application fails to comply substantially with the requirements of section 32-2188 or rules adopted pursuant to this chapter,  the commissioner,  within thirty calendar days after receiving the application,  shall mail an itemized list of deficiencies to the claimant. For the purposes of this subsection,  " comply substantially"  means filing with the department the documents that are minimally necessary to process a claim,  including at least a certified copy of the judgment,  legible copies of documents establishing the underlying transaction and amounts of losses suffered and a statement concerning amounts recovered from or on behalf of the judgment debtor.
B. The claimant must respond within sixty calendar days after receiving the list of deficiencies by providing the information identified by the commissioner. If the claimant fails to correct the deficiencies within sixty calendar days,  the department shall close the file unless the claimant requests an extension in writing. A claimant whose file has been closed may submit a new application as provided by section 32-2188.
C. The deadline prescribed by section 32-2188.04 for the commissioner to make a decision on the application is suspended from the date the commissioner mails the list of deficiencies to the applicant until the date the department receives the requested information.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2188.05 - Claimant's right to appeal denial of claim; service of notice of appeal; response; failure to file response

32-2188.05.
Claimant's right to appeal denial of claim;  service of notice of appeal;  response;  failure to file response
A. A claimant whose application is denied pursuant to section 32-2188.04 may file within six months after receiving notice of a denial of the claim a verified application in the court in which judgment was entered in the claimant's favor for an order directing payment out of the real estate recovery fund based on the grounds set forth in the claimant's application to the commissioner.
B. The claimant must serve a copy of the verified application on the commissioner and on the judgment debtor and file a certificate or affidavit of service with the court. Service on the commissioner shall be made by certified mail addressed to the commissioner. Service on a judgment debtor shall be made according to section 32-2188.01 and shall include the following notice:
Notice
An application has been filed with the court for a payment from the real estate recovery fund that was previously denied by the Arizona state real estate commissioner.
If the court orders a payment from the real estate recovery fund,  all of your licenses and license rights under title 32,  chapter 20,  Arizona Revised Statutes,  will be automatically terminated.
If you wish to defend in court against this claim,  you must file a written response with the court within 30 calendar days after you are served with a copy of the application. If you fail to file a written response,  you waive your right to defend against the claim.
C. The commissioner and the judgment debtor each must file a written response within thirty calendar days after being served with the application under subsection B of this section. The court shall thereafter set the matter for hearing on the petition of the claimant. The court shall grant a request of the commissioner for a continuance of as much as thirty calendar days and,  on a showing of good cause by any party,  may continue the hearing for such time as the court considers to be appropriate.
D. At the hearing,  the claimant must establish compliance with the requirements of section 32-2188.
E. If the judgment debtor fails to file a written response to the application,  the commissioner may compromise or settle the claim at any time during the court proceedings and,  on joint petition of the applicant and the commissioner,  the court shall issue an order directing payment out of the real estate recovery fund.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2189 - Management of fund

32-2189.
Management of fund
A. The sums received by the commissioner pursuant to any provisions of this article shall be deposited,  pursuant to sections 35-146 and 35-147,  in the real estate recovery fund and shall be held by the commissioner in trust for carrying out the purposes of this article.
B. On notice from the commissioner,  the state treasurer shall invest and divest monies in the fund as provided by section 35-313,  and monies earned from investment shall be credited to the fund.
C. Notwithstanding any other law,  the commissioner may expend interest monies from the fund necessary to increase public awareness of the fund,  not to exceed fifty thousand dollars in any fiscal year.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2191 - Commissioner's standing in court

32-2191.
Commissioner's standing in court
The commissioner may enter an appearance,  file an answer,  appear at the court hearing,  defend the action or take whatever other action the commissioner considers appropriate on the behalf and in the name of the real estate recovery fund and take recourse through any appropriate method of review on behalf of,  and in the name of,  the real estate recovery fund.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2192 - Subrogation of rights; collection

32-2192.
Subrogation of rights;  collection
A. Before receiving payment from the fund,  a claimant must complete and execute,  as judgment creditor,  an assignment of judgment lien and notice of subrogation and assignment of rights to the claimant s judgment on a form provided by the department.
B. If the commissioner has paid from the real estate recovery fund any sum to the judgment creditor,  the commissioner shall be subrogated to all of the rights of the judgment creditor and the judgment creditor shall assign all the right,  title and interest in the judgment to the commissioner. The commissioner may record the assignment of judgment lien and notice of subrogation and assignment of rights. Any amount and interest so recovered by the commissioner on the judgment shall be deposited to the fund.
C. If the commissioner is subrogated to a claimant s rights as judgment creditor,  the claimant shall not file a full or partial satisfaction of judgment without the commissioner s prior written consent.
D. The attorney general shall bring any actions to recover amounts paid from the fund including interest,  attorney fees and costs of collection pursuant to this chapter in the name of this state in the superior court in the county in which the violation occurred or in a county in which the commissioner maintains an office. A certified copy of a commissioner's order requiring payment from the fund may be filed in the office of the clerk of the superior court. The clerk shall treat the commissioner's order in the same manner as a judgment of the superior court. A commissioner's order so filed has the same effect,  and may be recorded,  enforced or satisfied in a similar manner,  as a judgment of the superior court. No filing fee is required under this subsection.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2193.01 - Effect of article on disciplinary action

32-2193.01.
Effect of article on disciplinary action
This article does not limit the authority of the commissioner to take disciplinary action against any licensee for a violation of this chapter or of the rules adopted pursuant to this chapter. The repayment in full of all obligations to the fund by any licensee does not nullify or modify the effect of any other disciplinary proceeding brought pursuant to this chapter or the rules adopted pursuant to this chapter.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2193.02 - Surety bond requirement; form; cancellation; effective date; certificate of deposit

32-2193.02.
Surety bond requirement;  form;  cancellation;  effective date;  certificate of deposit
A. In addition to any other fees assessed under this chapter,  the commissioner may require that a real estate or cemetery licensee or person applying for a license or renewal of a license issued to real estate or cemetery brokers or salespersons under this chapter post a surety bond if any of the following apply:
1. The licensee or applicant has been found in violation of any of the provisions of this chapter or the rules of the commissioner pertaining to this chapter.
2. The licensee or applicant has been convicted in a court of competent jurisdiction of a felony or misdemeanor involving a transaction in real estate,  or of which fraud is an essential element,  or arising out of the conduct of any business in real estate,  securities or mail fraud,  or securities registration violations.
3. The licensee or applicant has had an administrative order entered against him or it by a real estate regulatory agency or security regulatory agency.
B. The bond required by subsection A of this section shall be in a form acceptable to the commissioner and shall be executed by the applicant or licensee as principal with a corporation duly authorized to transact surety business in this state. Evidence of a surety bond shall be submitted to the commissioner in accordance with rules adopted by the commissioner. The bond shall be in favor of this state and is subject to claims solely for actual damages including reasonable attorney's fees suffered by persons injured as described in section 32-2186. The amount and duration of the bond shall be as the commissioner deems necessary for the protection of the public,  but the principal amount of the bond shall be not more than one hundred thousand dollars and its duration shall not exceed five years.
C. On receipt by the commissioner of notice to cancel a bond by any surety,  the commissioner shall immediately notify the licensee on the bond of the effective date of cancellation of the bond and the licensee shall furnish a like bond within thirty days after mailing of the notice by the commissioner or his license shall be suspended. Notice to the licensee shall be by certified mail addressed to the licensee's last address on file with the commissioner.
D. In lieu of posting a bond as set forth in this section,  the applicant or licensee may post a certificate of deposit with the commissioner in accordance with the provisions of subsections A and B of this section.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2194 - Exceptions

32-2194.
Exceptions
This chapter does not apply to any of the following:
1. Any religious corporation,  church,  religious society or denomination,  a corporation sole administering temporalities of any church or religious society or denomination,  or any cemetery organized,  controlled and operated by any of them.
2. A private or municipal cemetery.
3. Any fraternal burial park not exceeding ten acres in area,  established before July 2,  1963,  in which the sale of burial spaces is restricted exclusively to its members.
4. The superintendent of the Arizona pioneers' home and the Arizona pioneers home cemetery.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2194.02 - Examination by commissioner; fee

32-2194.02.
Examination by commissioner;  fee
Before cemetery plots are offered for sale the commissioner shall examine the cemetery and shall make public his findings. The total cost of travel and subsistence expenses incurred by the department in the examination,  in addition to the initial filing fee provided for in this section,  shall be borne by the owner of the cemetery or his agent,  on the basis of actual cost to the department. An initial filing fee of five hundred dollars or such lesser fee as determined by the commissioner shall accompany the written notification required in section 32-2194.01.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2194.04 - Contract disclosures; contract disclaimers

32-2194.04.
Contract disclosures;  contract disclaimers
A. In all agreements and contracts for the sale of cemetery plots from a cemetery,  a broker or agent shall clearly and conspicuously disclose the following information:
1. The nature of the document,  including grave site designation.
2. The nature of the cemetery,  whether endowed or not under the provisions of this article.
3. That the cemetery operator has received a certificate of authority from the department pursuant to section 32-2194.03 and that these records are available for examination at the department at the request of the purchaser.
4. A provision that all cemetery improvements for the area developed as defined in the application shall be completed by the date indicated in the application.
5. Whether the purchaser is subject to a fee for the following known services or goods associated with future plot use:
(a) Opening or closing interment.
(b) A marker,  with or without a setting.
(c) A vault liner purchased with the grave site.
6. Whether a marker or vault may be purchased separately from another vendor.
7. The policy of the cemetery regarding cancellations of contracts,  including whether the cemetery issues refunds under canceled contracts.
B. An agreement or contract which fails to make the disclosures required in subsection A of this section is unenforceable against the purchaser.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2194.05 - Advertising material; contents; order prohibiting use

32-2194.05.
Advertising material;  contents;  order prohibiting use
A. Within ten days after request by the commissioner,  the cemetery owner or agent shall file with the commissioner a copy of any promotional and advertising material of any kind used directly or indirectly in connection with the sale of cemetery plots or any material changes in the material.
B. No advertising,  communication or sales literature of any kind,  including oral statements by salespersons or other persons,  may contain:
1. Any untrue statement of material fact or any omission of material fact which would make the statement misleading in light of the circumstances under which the statement was made.
2. Any statement,  representation or pictorial presentation of proposed improvements or nonexistent scenes without clearly indicating that the improvements are proposed and the scenes do not exist.
C. All advertising and sales literature shall be consistent with the information contained in the notice of intention pursuant to section 32-2194.01 and shall otherwise comply with the rules of the commissioner.
D. If it appears to the commissioner that any person is or has engaged in advertising or promotional practices in violation of this article,  the commissioner may hold a hearing as a contested case under the provisions of title 41,  chapter 6,  article 10 and issue such order or orders as he deems necessary to protect the public interest or the commissioner may bring an action in any court of competent jurisdiction against the person to enjoin the person from continuing the violation.
E. The commissioner may adopt rules and guidelines necessary to protect the public interest and to assure that all advertising and promotional practices with respect to land subject to the provisions of this article are not false or misleading.
F. It is unlawful for any owner or agent of a cemetery or other person with intent directly or indirectly to sell plots subject to the provisions of this article to authorize,  use,  direct or aid in any advertising,  communication,  sales literature or promotional practice which violates this section.
G. Nothing in this section applies to the owner or publisher of a newspaper,  magazine or other publication of printed matter in which such advertisement appears or to the owner or operator of a radio or television station which disseminates such advertisement if the owner,  publisher or operator has no knowledge of the intent,  design or purpose of the advertiser.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2194.06 - Records of transactions

32-2194.06.
Records of transactions
A. Cemeteries shall keep on file records of all documents in connection with all cemetery plot transactions handled by or through them. The records shall include but are not limited to:
1. All sales contracts.
2. Sales contract payment ledgers.
3. Certificates of burial rights.
4. All ledgers or books showing all receipts,  disbursements or adjustments.
5. Records of plats and maps.
6. Such other information as the commissioner may reasonably require.
B. Each cemetery broker is responsible for maintenance of all documents used in connection with all cemetery plot transactions while in the employment of a cemetery. The records shall be open at all reasonable times for inspection by the commissioner or the commissioner's representatives. The records of each transaction shall be kept by the cemetery for a period of five years after payment in full of the transaction at the broker's main office or at an off-site storage location in this state if the owner or agent provides prior written notification of the street address of the off-site storage location to the department.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2194.07 - Recording of actions

32-2194.07.
Recording of actions
A. If the commissioner issues a cease and desist order,  obtains a court order enjoining further sales,  issues an order of prohibition or suspends approval of a cemetery,  the action shall be recorded in the office of the county recorder in any county in which the cemetery property is located.
B. If any of the orders which require recording in subsection A are revoked,  an order of release shall be recorded in the same manner.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2194.08 - Administrative penalties

32-2194.08.
Administrative penalties
A. Any cemetery owner,  operator,  broker or salesman subject to the jurisdiction of the department who violates any provision of this chapter or any rule or order promulgated by the commissioner,  who deviates substantially from the provisions under which a certificate of authority was issued or who engages in any unlawful practices defined in section 44-1522 with respect to the sale of cemetery plots may be assessed a civil penalty by the commissioner,  after a hearing,  in an amount of not to exceed one thousand dollars for each infraction.
B. Actions to recover penalties pursuant to this section shall be brought by the attorney general in the name of this state in the superior court in the county in which the violation occurred or in a county in which the commissioner maintains an office.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2194.09 - Civil liabilities

32-2194.09.
Civil liabilities
A. If any part of the notice of intention filed pursuant to section 32-2194.01 contains an untrue statement of a material fact or omits a material fact required to be stated in such notice,  the owner or agent is liable as provided in this article to any person who acquires a plot in the cemetery.
B. A cemetery owner,  operator,  broker or salesman who sells a cemetery plot in violation of this article is liable to the purchaser of such plot as provided in this article.
C. It is unlawful for any cemetery owner,  operator,  broker or salesman in selling or offering to sell any cemetery plot to:
1. Employ any device,  scheme or artifice to defraud.
2. Obtain money or property by means of a material misrepresentation with respect to any information included in the notice of intention or the certificate of authority with respect to any other information pertinent to the plot on which the purchaser relies.
3. Engage in any transaction,  practice or course of business which operates or would operate as a fraud or deceit on a purchaser.
D. Damages in any suit brought pursuant to this section shall be the difference between the amount paid for the plot together with the reasonable cost of improvements to such plot and whichever of the following is the smallest:
1. The value of the plot and improvements as of the time the suit was brought.
2. The price at which the plot was disposed of in a bona fide market transaction before suit.
3. The price at which the plot was disposed of in a bona fide market transaction after suit was brought but before judgment.
E. In an action in which a violation of this section is established the purchaser is also entitled to recover reasonable attorney fees as determined by the court. If a violation is not established,  the court,  in its discretion,  may award reasonable attorney fees to the defendant.
F. Every person who becomes liable to make any payment pursuant to this section may recover contribution as in cases of contract from any person who,  if sued separately,  would have been liable to make the same payment.
G. In no case shall the amount recoverable pursuant to this section exceed the sum of the purchase price of the plot,  the reasonable cost of improvements installed by the purchaser and reasonable court costs and attorney fees.
H. Nothing contained in this section precludes any other remedies that may exist at law or in equity.
I. No action may be maintained to enforce any liability created pursuant to subsection A or B of this section unless brought within one year after the discovery of the untrue statement or the omission or after such discovery should have been made by the exercise of reasonable diligence. No action may be maintained to enforce any liability created pursuant to subsection C of this section unless brought within two years after the violation on which it is based. In no event shall any such action be brought by a purchaser more than three years after the sale to the purchaser.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2194.10 - Change of cemetery plan after approval by commissioner; notice; fee

32-2194.10.
Change of cemetery plan after approval by commissioner;  notice;  fee
A. It is unlawful for any owner or agent,  after submitting to the commissioner the plan under which cemetery plots are to be offered for sale and securing his approval,  to change the plan materially without first notifying the commissioner in writing of the intended change. Material changes covered by this section shall be prescribed in the rules of the commissioner. On receipt of any notice of a material change,  the commissioner,  if he determines such action to be necessary for the protection of purchasers,  may suspend his approval of sale pending amendment of the notice as required by section 32-2194.01.
B. A filing fee of one-half of the fee that was charged for the initial certificate of authority pursuant to section 32-2194.02 but not less than two hundred fifty dollars shall accompany any amendment required by subsection A of this section.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2194.14 - Cemetery brokers; disclosures

32-2194.14.
Cemetery brokers;  disclosures
Before offering cemetery property or interment rights for sale in a licensed cemetery,  a cemetery broker who is not a designated broker for the cemetery shall obtain and comply with all of the licensed cemetery's rules and shall disclose to the purchaser all fees and time frames of transfer and recordation of interment rights or deeds on the cemetery records.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2194.18 - Application for authority to open and operate cemeteries

32-2194.18.
Application for authority to open and operate cemeteries
Before a corporation may engage in or transact any business of a cemetery it must file an application for a certificate of authority with the commissioner. Such application must show that the corporation owns or is actively operating a cemetery in this state which is subject to the provisions of this chapter or that the applicant is in a position to commence operating a cemetery.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2194.19 - Investigation of applicant before granting of certificate of authority where needed

32-2194.19.
Investigation of applicant before granting of certificate of authority where needed
Upon receipt of an application for a certificate of authority to operate a cemetery,  the commissioner shall cause an investigation to be made of the physical status,  plans,  specifications and financing of the proposed cemetery,  the character of the applicant,  including its officers,  directors,  shareholders or members,  and any other qualifications required of the applicant under this article. If the commissioner finds that the applicant has complied with all the provisions of this article and further finds that the area in which the proposed cemetery is to be located is not already adequately served,  then he shall grant the certificate of authority.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2194.20 - Right of cemetery to make rules and regulations

32-2194.20.
Right of cemetery to make rules and regulations
Any cemetery subject to the provisions of this article may make,  adopt,  amend,  add to,  revise,  or modify and enforce rules and regulations for the use,  care,  control,  restriction and protection of all or any part of its cemetery,  provided these rules and regulations are not contrary to law. These rules and regulations shall be on file with the real estate commissioner and shall at all times be posted in a conspicuous place in the offices of the cemetery or at some other place within the cemetery as may be convenient for inspection.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2194.21 - Survey of property; maps and plats

32-2194.21.
Survey of property;  maps and plats
Every cemetery,  from time to time as its property may be required for interment purposes,  in addition to the other requirements of the article,  shall:
1. In case of land,  survey and subdivide it into sections,  blocks,  plots,  avenues,  walks or other subdivisions,  and make a good and substantial map or plat showing the sections,  plots,  avenues,  walks or other subdivisions,  with descriptive names or numbers.
2. In case of a mausoleum,  or crematory and columbarium,  it shall make a good and substantial map or plat on which shall be delineated the sections,  halls,  rooms,  corridors,  elevations,  and other divisions,  with descriptive names or numbers.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2194.22 - Filing maps and declaration of dedication

32-2194.22.
Filing maps and declaration of dedication
The cemetery,  in addition to filing the map or plat in the office of the county recorder as required by subdivisions,  shall also file for record in the county recorder's office,  a written declaration of dedication of the property delineated on the map or plat dedicating the property exclusively to cemetery purposes.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2194.23 - Nonapplication of law against perpetuities

32-2194.23.
Nonapplication of law against perpetuities
Dedication to cemetery purposes pursuant to this chapter is not invalid as violating any laws against perpetuities,  but is expressly permitted and shall be deemed to be in respect for the dead,  a provision for the interment of human remains,  and a duty to,  and for the benefit of,  the general public.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2194.24 - Trust fund to be established before certificate of authority granted

32-2194.24.
Trust fund to be established before certificate of authority granted
No certificate of authority shall issue to a corporation or limited liability company organized for the purpose of maintaining and operating a cemetery unless the articles of incorporation or organization certify to the establishment of an irrevocable trust fund for maintenance and operation in accordance with the provisions of this article,  and there is attached to the articles of incorporation or organization the written instrument establishing the irrevocable trust fund accompanied by the receipt of the trustee designated in the written instrument for the minimum care fund hereinafter provided. Any cemetery that has been operating before January 1,  1998 and that was not previously required to establish an irrevocable trust fund shall not be required to establish an irrevocable trust fund unless a material change is made to the plan under which cemetery plots are offered for sale.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2194.25 - Trust fund to be established before existing cemetery can advertise as endowed-care cemetery

32-2194.25.
Trust fund to be established before existing cemetery can advertise as endowed-care cemetery
After the effective date of this article,  no owner of a cemetery in existence at the effective date of this article,  who previous to such date has not sold or contracted to sell lots in such cemetery with a provision for perpetual or endowed care,  shall thereafter advertise or otherwise hold out to the public that such cemetery or any individual lot therein is entitled to perpetual or endowed care unless and until the owner shall have established a trust fund for the care of the cemetery,  as provided by this article.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2194.26 - Initial deposit required in endowment-care fund

32-2194.26.
Initial deposit required in endowment-care fund
No corporation hereafter organized for the operation of a perpetual or endowed-care cemetery nor any owner of a cemetery not previously operating as a perpetual or endowed-care cemetery shall advertise or sell plots in such cemetery under the representation that the cemetery or any individual plot therein is entitled to perpetual or endowed care until there has been established an irrevocable trust fund to provide for such care in accordance with the following schedule:
1. Cemeteries located in an area having a population of less than ten thousand persons within a radius of fifteen miles from the center of such cemetery must deposit with the trustee the sum of ten thousand dollars in cash.
2. Cemeteries located in an area having a population of ten thousand or more persons but less than fifteen thousand persons within a radius of fifteen miles from the center of such cemetery must deposit with the trustee the sum of fifteen thousand dollars in cash.
3. Cemeteries located in an area having a population of fifteen thousand or more persons but less than twenty-five thousand persons within a radius of fifteen miles from the center of such cemetery must deposit with the trustee the sum of twenty thousand dollars in cash.
4. Cemeteries located in an area having a population of twenty-five thousand or more persons,  but less than fifty thousand persons within a radius of fifteen miles from the center of such cemetery must deposit with the trustee the sum of thirty thousand dollars in cash.
5. Cemeteries located in an area having a population of fifty thousand or more persons within a radius of fifteen miles from the center of such cemetery must deposit with the trustee the sum of fifty thousand dollars in cash.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2194.27 - Restrictive use of income from endowed-care fund; obligation

32-2194.27.
Restrictive use of income from endowed-care fund;  obligation
The irrevocable trust fund established pursuant to section 32-2194.26 shall be evidenced by an instrument in writing and shall contain the following provisions:
1. There shall be designated a trustee for the endowed-care fund that is a financial institution authorized to do business in this state and authorized to act as trustee by the laws of this state for such investments. The trustee must be one in which no officer,  director or owner of the cemetery is financially interested in any way.
2. The principal of the trust fund shall remain permanently intact,  and only the income or the unitrust amount specified in section 14-11014 or 14-11015 shall be expended. It is the intent of this section that the income or unitrust amount of the fund shall be used solely for the care of plots or other burial spaces sold to third persons with a provision for perpetual or endowed care and the care of such other portions of the cemetery immediately surrounding such plots as may be necessary to preserve the beauty and dignity of the plots sold. The fund or its income shall never be used for the development,  improvement or embellishment of unsold portions of the cemetery so as to relieve the owner of the cemetery of the ordinary cost incurred in preparing such property for sale.
3. A financial institution acting as a trustee does not have a legal obligation to operate a cemetery other than providing trust fund income to the receiver or successor of a cemetery unable to meet its perpetual care obligations. A trustee,  in its sole discretion and without the approval of the court,  may convert the trust to a total return unitrust and administer the endowed-care fund as provided in section 14-11014.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2194.28 - Deposit in endowed-care fund from sales

32-2194.28.
Deposit in endowed-care fund from sales
A. In addition to establishing a trust fund as required by this article,  every perpetual or endowed-care cemetery shall deposit into its trust fund according to the following schedule for each sale within thirty days after the contract for the purchase of cemetery property is paid in full:
1. Two dollars seventy-five cents per square foot for each grave.
2. Thirty-six dollars for each niche.
3. One hundred twenty dollars for each crypt.
B. In addition to the deposits required in subsection A of this section,  a cemetery may deposit in its trust fund up to fifteen per cent of the gross sales price of a grave,  niche or crypt.
C. This section applies to every cemetery which in any way represents that it is a perpetual or endowed-care cemetery,  regardless of whether it operated as a perpetual or endowed-care cemetery before July 2,  1963.
D. In the case of a perpetual or endowed-care cemetery which was in operation as a perpetual or endowed-care cemetery before July 2,  1963,  the fund created by the deposits which subsection A of this section requires is subject to the same restrictions to which the trust funds required by sections 32-2194.24 and 32-2194.25 are subject.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2194.29 - Posting of signs by cemeteries

32-2194.29.
Posting of signs by cemeteries
Each cemetery shall post in a conspicuous place in the office or offices where sales are conducted and in a conspicuous place at or near the entrance of the cemetery or its administration building,  and readily accessible to the public,  a legible sign in lettering of a size and style to be approved by the real estate commissioner indicating either the cemetery is an endowed or a nonendowed cemetery.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2194.30 - Restriction on use of endowed-care funds

32-2194.30.
Restriction on use of endowed-care funds
Endowed-care funds shall not be used for any purpose other than to provide for the care of burial spaces as prescribed in section 32-2194.27. In investing these funds,  the trustee shall exercise the judgment and care of a prudent investor under the circumstances then prevailing,  not in regard to speculation,  but in regard to the permanent disposition of their funds,  considering the probable income or unitrust amount as well as the probable safety of their capital. Within the limitations of the foregoing standard,  and subject to any express provisions or limitations contained in any particular trust instrument,  a trustee is authorized to acquire every kind of property,  real,  personal or mixed,  and every kind of investment,  specifically including corporate obligations of every kind and stocks,  preferred or common,  that prudent investors acquire for their own account.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2194.32 - Opening and closing of burial places

32-2194.32.
Opening and closing of burial places
If any grave,  mausoleum,  niche or other place used or intended to be used for the burial of human remains is located in a cemetery,  only a person employed or designated by the cemetery may open or close the grave,  mausoleum,  niche or other place used or intended to be used for the burial of human remains,  subject to the rules established by the cemetery.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2195.01 - Power of commissioner to exempt certain unsubdivided land by special order

32-2195.01.
Power of commissioner to exempt certain unsubdivided land by special order
A. In his discretion the commissioner may exempt by special order from any one or all of the provisions of this article certain unsubdivided land on written petition and on a showing by the petitioner,  satisfactory to the commissioner,  that compliance with this article is not essential to the public interest or for the protection of buyers by reason of the special characteristics of the unsubdivided land or the limited character and duration of the offer for sale,  lease or financing.
B. The special order pursuant to this section shall relate to specific land.
C. A petition filed under this section shall be accompanied by an initial fee of one hundred dollars. The fees are not returnable irrespective of the nature of the action taken on the petition.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2195.02 - Examination of unsubdivided land by commissioner; fee

32-2195.02.
Examination of unsubdivided land by commissioner;  fee
The commissioner shall examine any unsubdivided land offered for sale or lease pursuant to this article,  and shall make public his findings. The total cost of travel and subsistence expenses incurred by the department in the examination,  in addition to the initial filing fee provided for in this section,  shall be borne by the owner of the unsubdivided land or his agent,  or the subdivider of the project,  on the basis of actual cost to the department. An initial filing fee of five hundred dollars shall accompany the written notification required in sections 32-2195 and 32-2195.10.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2195.09 - Recordable forms of contracts

32-2195.09.
Recordable forms of contracts
In accordance with regulations adopted by the commissioner,  each purchaser of unsubdivided land shall be provided with a copy,  in recordable form,  of each contract involved in the sale of such land to the purchaser at the closing of the contract.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2195.10 - Change of plan after approval by commissioner; notice

32-2195.10.
Change of plan after approval by commissioner;  notice
It is unlawful for an owner,  agent or subdivider,  after submitting to the commissioner a plan under which unsubdivided lands are to be offered for sale or lease and securing his approval,  to change the plan materially without first notifying the commissioner in writing of the intended change. On receipt of a notice of a change of plan,  the commissioner,  if he determines such action to be necessary for the protection of purchasers,  may suspend his approval of the sale or lease pending amendment of the public report.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2195.11 - Civil penalties; limitation

32-2195.11.
Civil penalties;  limitation
A. An owner or agent who is subject to the jurisdiction of the department and who violates any provision of this chapter relating to the sale or lease of unsubdivided lands or any rule adopted or order issued by the commissioner relating to the sale or lease of unsubdivided lands or who engages in any unlawful practices defined in section 44-1522 with respect to the sale or lease of unsubdivided lands may be assessed a civil penalty by the commissioner,  after a hearing,  in an amount of not more than one thousand dollars per infraction. An infraction that concerns more than one lot among unsubdivided lands is a single infraction for the purposes of this section.
B. A proceeding for the imposition of a civil penalty or for suspension or revocation of a license for a violation of this article or any rule adopted or order issued by the commissioner must be commenced within the earlier of five years of either of the following:
1. Actual discovery by the department.
2. Discovery that should have occurred if the department was reasonably diligent.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2195.12 - Recording of actions

32-2195.12.
Recording of actions
A. Whenever the commissioner issues a cease and desist order,  obtains a court order enjoining further sales,  issues an order of prohibition or suspends approval of an unsubdivided lands public report,  the action shall be recorded in the book of deeds in the office of the county recorder in any county in which the unsubdivided property is located and include the legal description of the affected land. The commissioner shall also provide notice of the order or suspension to all affected parties with an ownership interest of record in any lot,  parcel or fractional interest,  in the unsubdivided property within ten business days of issuing the order or suspension.
B. In the event of a revocation of any of the orders which require recording in subsection A,  an order of release shall be recorded in the same manner within ten business days.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2197.01 - Creation of timeshare plans; ratio

32-2197.01.
Creation of timeshare plans;  ratio
A timeshare plan may be created in any accommodation unless prohibited by any law or county,  city or town zoning ordinance or regulation to the contrary. All timeshare plans shall maintain a one-to-one purchaser-to accommodation ratio so that the total number of purchasers eligible to use the accommodations of the timeshare plan during a given calendar year never exceeds the total number of accommodations available for use in the timeshare plan during the same calendar year. For purposes of calculating the ratio,  a purchaser who is delinquent in the payment of timeshare plan assessments shall continue to be considered eligible to use the accommodations of the timeshare plan.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2197.03 - Purchase agreements; rescission of contract or agreement; cancellation or termination of timeshare interests

32-2197.03.
Purchase agreements;  rescission of contract or agreement;  cancellation or termination of timeshare interests
A. A purchase agreement shall be in writing and shall be signed by the purchaser. The developer shall give the purchaser a paper copy of the purchase agreement when the purchaser signs the purchase agreement.
B. The purchaser may rescind the purchase agreement without cause of any kind by sending or delivering a written notice of rescission by midnight of the tenth calendar day following the day on which the purchaser or prospective purchaser executed the purchase agreement. The rescission rights shall be conspicuously disclosed in the purchase agreement. If the developer allows the rescission period to extend beyond ten calendar days,  the rescission period disclosure in the purchase agreement shall reflect the longer period of time. The disclosure required by this subsection shall be printed immediately before the space reserved in the purchase agreement for the signature of the purchaser and shall include the following information:
1. The purchaser may cancel the purchase agreement without a penalty or obligation within ten calendar days,  or another time period if applicable,  after the purchaser signs the purchase agreement.
2. If the purchaser decides to cancel the purchase agreement,  the purchaser shall notify the seller in writing of the purchaser's intent to cancel.
3. The purchaser's notice of cancellation is effective on the date the cancellation is sent and shall be sent to the seller at the seller's address. The seller's address and telephone number shall be listed in the purchase agreement.
4. The purchaser may execute all closing documents in advance. However,  the closing,  as evidenced by delivery of the deed or other document,  is prohibited before the ten calendar day cancellation period expires.
C. The denial of a purchaser's rights under this section without a good faith legal basis constitutes an unlawful practice under section 44-1522. The attorney general may investigate and take appropriate action as prescribed by title 44,  chapter 10,  article 7.
D. This section applies to any timeshare plan approved by the commissioner pursuant to either article 4 of this chapter or this article,  regardless of the date of issuance of the public report.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2197.04 - Notification of material change

32-2197.04.
Notification of material change
A. The developer of a timeshare plan that is the subject of an outstanding timeshare public report shall immediately report to the department relevant details concerning any material change in the timeshare plan itself or in the program for marketing the timeshare interests.
B. On receipt of a written notice of a material change,  the commissioner,  if the commissioner determines such action to be necessary for the protection of purchasers,  may suspend his approval of the sale or lease pending amendment of the public report. For sales made after the material change and pending amendment of the public report,  the commissioner may require the developer to fully disclose the change in a prepared supplement to the public report. The supplement shall be delivered with the previously approved public report to all prospective purchasers until the new public report is issued. The commissioner shall not require the developer to deliver the amended public report to or obtain a receipt from prior purchasers unless the commissioner specifically finds that the developer's disclosure of the changes was not an adequate disclosure.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2197.07 - Examination of plan by commissioner; fees

32-2197.07.
Examination of plan by commissioner;  fees
A. The commissioner shall examine any timeshare plan offered for sale or lease in this state or located in this state and shall make public his findings.
B. The commissioner may physically inspect any timeshare plan offered for sale or lease in this state or located in this state.
C. An initial filing fee of twenty dollars per interest with a maximum fee of not more than one thousand dollars shall accompany the notice of intention filed pursuant to section 32-2197.02. A filing fee as established by rule shall accompany the application to amend the timeshare public report required in section 32-2197.04.
D. The developer of the timeshare plan shall bear the total cost of travel and subsistence expenses incurred by the department in the examination,  in addition to the initial filing fee provided for in this section,  on the basis of actual cost to the department.