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2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1001 - Definitions

32-1001.
Definitions
In this chapter,  unless the context otherwise requires:
1. " Claim"  means an obligation for the payment of money or its equivalent and a sum or sums owed,  due or asserted to be owed or due to another,  for which a person is employed to demand payment and collect or enforce such payment,  and includes:
(a) Obligations for the payment of money to another,  in the form of conditional sales agreements,  notwithstanding the personal property sold thereunder,  for which payment is claimed or may be or is repossessed in lieu of payment.
(b) An obligation for the payment of money or its equivalent and a sum or sums owed,  due or asserted to be owed or due that is sold or assigned to a purchaser or assignee for which either:
(i) The final payment has not been tendered to the seller or assignor.
(ii) Title has not yet passed.
(iii) The purchaser or assignee has a right of recourse against the seller or assignor.
2. " Collection agency"  means:
(a) All persons engaged directly or indirectly in soliciting claims for collection or in collection of claims owed,  due or asserted to be owed or due.
(b) Any person who,  in the process of collecting debts occurring in the operation of the person's own business,  uses any name other than the person's own name,  which would indicate that a third person is collecting or attempting to collect such debts.
3. " Department"  means the department of insurance and financial institutions.
4. " Deputy director"  means the deputy director of the financial institutions division of the department of insurance and financial institutions.
5. " Financial institution"  means a person who does business under any other law of this state or law of another state or the United States relating to banks,  trust companies,  savings and loan associations,  credit unions and savings banks.
6. " Person"  means an individual,  firm,  partnership,  association or corporation.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1021 - Original application for license; financial statement; bond; definition

32-1021.
Original application for license;  financial statement;  bond;  definition
A. A person desiring to conduct a collection agency shall make an original application to the department on forms prescribed by the deputy director setting forth verified information to assist the deputy director in determining the applicant's ability to meet the requirements of this chapter.
B. An application for an original or a renewal license shall be accompanied by:
1. A financial statement in the form provided in section 32-1022,  showing the applicant's assets and liabilities and truly reflecting the applicant's net worth in cash or its equivalent.
2. A bond in the form provided in section 32-1022,  computed on a base consisting of the gross annual income of the licensee generated from all business transacted in this state by the licensee during the preceding year,  in the minimum amount as follows:
Base Minimum Bond
Not over $250, 000 $10, 000
$250, 001 to $500, 000 $15, 000
$500, 001 to $750, 000 $25, 000
$750, 001 and over $35, 000
C. The deputy director may require from all applicants additional information that the deputy director deems necessary in determining whether the applicant is entitled to the license sought.
D. For the purposes of this section,  " all business transacted in this state"  includes:
1. The collection of debts from debtors who reside in this state,  regardless of where the licensee is located.
2. The collection of debts made from an office in this state,  regardless of where the debtor resides.
3. The collection of debts made on behalf of creditors who reside in this state,  regardless of where the debtor and the collection agent reside.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1023 - Qualifications of applicants

32-1023.
Qualifications of applicants
A. An applicant for a license issued under this chapter shall:
1. Be a citizen of the United States.
2. Not have been convicted of a crime involving moral turpitude.
3. Not have defaulted on payment of money collected or received for another.
4. Not have been a former licensee under this chapter whose license was suspended or revoked and not subsequently reinstated.
B. If the applicant for a license is a firm,  partnership,  association or corporation,  the qualifications required by subsection A of this section shall be required of the individual in active management of the firm,  partnership,  association or corporation.
C. When a licensed agency ceases to be under the active management of a qualified person,  as defined in rules,  notice of this fact shall be given to the deputy director within ten days. The licensee shall have ninety days after the termination of the services of the acting manager to replace the qualified person and notify the deputy director of the qualified replacement. If the agency is not placed under the active management of a new qualified person and notice is not given to the deputy director within the ninety-day period,  the license of the agency expires unless a provisional license has been granted under section 32-1027.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1024 - Licensing out-of-state collection agents

32-1024.
Licensing out-of-state collection agents
The deputy director shall issue a license to operate a collection agency to a person who holds and presents with the person's application a valid and subsisting license to operate a collection agency issued by another state or an agency of another state if:
1. Requirements for securing the license were,  at the time of issuance,  substantially the same or equal to requirements imposed by this chapter.
2. The state concerned extends reciprocity under similar circumstances to licensed collection agents of this state.
3. The application is accompanied by the fees and financial and bonding requirements set forth in this chapter.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1025 - Annual renewal of license; suspension; expiration

32-1025.
Annual renewal of license;  suspension;  expiration
A. Except as provided in section 32-4301,  a person desiring to secure renewal of a collection agency license shall file a financial statement,  make a renewal application to the department and pay the fees prescribed in section 6-126 not later than December 31 of each year on forms prescribed by the deputy director setting forth verified information to assist the deputy director in determining whether the applicant is in default of or in violation of the terms of this chapter and whether the applicant is still meeting the requirements of this chapter. If the renewal applicant is unable to make a financial statement at the time of filing the application,  the applicant may make a written request for an extension of time to file such financial report,  and if the extension is granted the applicant shall file a financial statement not later than March 1.
B. Licenses that are not renewed on or before December 31 are suspended by operation of law. A licensee may renew a suspended license by submitting to the department the fees prescribed in section 6-126 along with a renewal application and any applicable late fee,  as may be determined by the deputy director by rule,  before January 31. Licenses that are not renewed on or before January 31 expire.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1026 - Issuance of licenses

32-1026.
Issuance of licenses
A. On receipt of an original application accompanied by the fees prescribed in section 6-126 and the financial statement and bond required by this chapter,  the deputy director shall investigate the qualifications of the applicant and,  if the applicant meets the qualifications of this chapter,  shall approve the application. If the application is approved,  the license shall be promptly issued to the applicant.
B. A license issued under this chapter shall not be transferable or assignable and control of a license may not be acquired through a stock purchase or other device without the prior written consent of the deputy director. Consent shall not be given if the deputy director finds that the acquiring person does not meet the qualifications of this chapter. For purposes of this subsection,  " control"  means the power to vote more than twenty percent of the outstanding voting shares of a licensed corporation,  partnership,  association or trust.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1027 - Issuance of provisional license for limited purposes

32-1027.
Issuance of provisional license for limited purposes
In the event of the death of an individual licensee,  dissolution of a licensee partnership by death or operation of law,  or termination of employment of the active manager if the licensee is a firm,  partnership,  association or corporation,  if it is shown that the financial and bonding requirements of this chapter have been met,  the deputy director shall issue without fee a provisional license to the personal representative of the deceased or the deceased's appointee,  to the surviving partners,  or to the firm,  association or corporation,  as the case may be,  which shall be valid for the following purposes only and expire at the following times:
1. A provisional license issued to a personal representative or the personal representative's appointee shall expire one year from the date of issuance and shall not be subject to renewal. Authority of the provisional licensee shall be limited to those activities deemed necessary to wind up the business of the former licensee.
2. Other provisional licenses shall expire three months after the date of issuance unless the provisional licensee within such period can qualify for a full license.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1051 - Duties of licensees

32-1051.
Duties of licensees
An individual,  firm,  partnership,  association or corporation to whom a license is to be issued under this chapter shall:
1. Meet the financial responsibility and bonding requirements of this chapter.
2. Not have been a former licensee under this chapter whose license was suspended or revoked and not subsequently reinstated.
3. Except for attorneys licensed to practice law,  not attempt to collect any collection fee,  attorney fee,  court cost or expenses unless the fees,  charges or expenses are justly due from and legally chargeable against the debtor or have been judicially determined. A licensee may not engage in any unfair or misleading practices or resort to any oppressive,  vindictive or illegal means or methods of collection.
4. Except for attorneys licensed to practice law,  not give or send to any debtor,  or cause to be given or sent to any debtor,  any notice,  letter,  message or form that:
(a) Simulates any legal process.
(b) Is ambiguous as to or misrepresents the character,  extent or amount of the obligation of the debtor.
(c) Represents or implies that the existing obligation of the debtor may be increased by the addition of attorney fees,  investigation fees,  service fees or any other fees or charges when in fact these fees or charges may not legally be added to the existing obligation of the debtor.
(d) Threatens to sell the obligation of the debtor to any person,  firm or group.
(e) Uses or sets forth the name of or purports to be from any attorney at law or legal firm.
5. Except for attorneys licensed to practice law,  not use any letterhead or literature bearing any heading,  slogan or statement representing or implying that the licensee practices law,  renders legal services or advice or maintains a legal department.
6. Not use any letterhead,  advertisement,  agreement,  form,  circular or other printed matter,  or otherwise,  to convey the impression that the individual,  firm,  partnership,  association or corporation is vouched for or is an instrumentality of this state,  a political subdivision of this state or the department.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1053 - Denial, revocation or suspension of license

32-1053.
Denial,  revocation or suspension of license
A. The deputy director may deny a license to a person or suspend or revoke a license pursuant to title 41,  chapter 6,  article 10 if the deputy director finds that an applicant or licensee:
1. Is insolvent as defined in section 47-1201.
2. Has violated any applicable law,  rule or order.
3. Has been convicted in any state of any felony or other crime involving breach of trust or dishonesty.
4. Has had an order entered against the applicant or licensee by an administrative agency of this state,  the federal government or any other state of the United States and that order is based on conduct involving fraud,  deceit or misrepresentation by the licensee or applicant.
5. Has made a material misstatement or omission on the application for a license or on any document required to be filed with the deputy director.
B. It is sufficient cause for the denial,  suspension or revocation of a license if an officer,  director,  partner,  employee or controlling person of the collection agency has acted or failed to act in a manner that would be cause for denial,  suspension or revocation of a license. For purposes of this subsection,  " controlling person"  means a person who owns more than a twenty percent equity interest in the collection agency and has the power to actively participate in the conduct of the collection agency.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1055 - Unlawful acts

32-1055.
Unlawful acts
A. It is unlawful for a person to conduct a collection agency in this state without having first applied for and obtained a license under this chapter.
B. A collection agency licensed under this chapter shall not directly or indirectly aid,  abet or receive compensation from an unlicensed person. Nothing in this chapter shall prevent a licensed agency from accepting,  as forwardee,  claims for collection from a collection agency or attorney whose place of business is outside this state.
C. A licensee shall not advertise a claim for sale or threaten to so advertise a claim as a means of endeavoring to enforce payment,  nor shall a licensee agree to do so for the purpose of soliciting claims. This subsection shall not be deemed to affect a licensee acting as assignee for the benefit of a creditor or acting under a court order.
D. It is unlawful for a person conducting a collection agency in this state to:
1. Fail to render an account of and pay to the client for whom collection has been made the proceeds collected,  less collection charges as agreed to by the person and the client,  within thirty days from the last day of the month in which the proceeds were collected. If the amount due the client is less than five dollars,  payment may be deferred for an additional thirty days.
2. Fail to deposit with a local depository all monies collected by the person and due to the person's clients,  and to fail to keep these monies deposited until these monies or equivalent amounts are remitted to the person's clients. Notwithstanding this paragraph,  if a person conducting a collection agency does not maintain an office in this state,  the person may deposit and keep these monies in a depository in a state where the person maintains the person's principal office.
3. Fail to keep a record of monies collected and the remittance of these monies.
4. Fail to notify the department within ten days of any change of name under which the person does business as a collection agency or address at which the person conducts business.
5. Aid or abet,  directly or indirectly,  any person,  persons or organizations in evading or violating any of the provisions of this chapter.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1056 - Violation; classification

32-1056.
Violation;  classification
A. A person operating a collection agency without a license shall be guilty of a class 1 misdemeanor.
B. A licensee violating the provisions of section 32-1055 or the rules and regulations adopted pursuant to this chapter shall be subject to revocation of license and shall be guilty of a class 1 misdemeanor.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1057 - Prosecution of violations; individual liability

32-1057.
Prosecution of violations;  individual liability
A. The prosecuting officer of a county or city shall prosecute all violations of this chapter occurring within his jurisdiction.
B. An officer or agent of a corporation or association participating in a violation of this chapter by such corporation or association shall be subject to the penalties prescribed by section 32-1056 for an individual.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1102 - Classification of licenses; contracting business

32-1102.
Classification of licenses;  contracting business
For the purpose of license classification,  the contracting business shall include:
1. General commercial building contracting,  which is engaging in the contracting business in connection with any structure built,  being built or to be built on commercial property for the support,  shelter and enclosure of persons,  animals,  chattels or movable property of any kind,  or superintending the whole or any part thereof,  and which includes the management or direct or indirect supervision of any work performed by a contractor but does not include a person who merely furnishes materials or supplies as provided in section 32-1121 without fabricating them into or consuming them in performing the work of the general contractor.
2. General dual licensed contracting,  which is engaging in the contracting business in connection with any structure built,  being built or to be built on residential or commercial property for the support,  shelter and enclosure of persons,  animals,  chattels or movable property of any kind,  or superintending the whole or any part thereof,  and which includes the management or direct or indirect supervision of any work performed by a contractor but does not include a person who merely furnishes materials or supplies as provided in section 32-1121 without fabricating them into or consuming them in performing the work of the general contractor.
3. General engineering contracting,  which is engaging in the contracting business other than residential contracting in connection with fixed works requiring specialized engineering knowledge and skills and includes irrigation,  drainage,  water power,  water supply,  flood control,  inland waterways,  harbors,  railroads,  highways,  tunnels,  airport runways,  sewerage,  bridges,  earth moving projects,  paving and transmission lines.
4. General residential contracting,  which is engaging in the contracting business by any general contractor or subcontractor who undertakes to construct,  alter,  repair,  add to,  subtract from,  improve,  move,  wreck or demolish any residential structure or appurtenances including swimming pools on or within residential property lines.
5. Specialty commercial contracting,  which is engaging in the contracting business in the performance of construction work requiring special skill and involving the use of specialized construction trades or crafts other than residential contracting.
6. Specialty dual licensed contracting,  which is engaging in the contracting business in the performance of construction work requiring special skill and involving the use of specialized construction trades or crafts in residential and commercial contracting.
7. Specialty residential contracting,  which is engaging in the residential contracting business by the performance of construction work requiring special skill and involving the use of specialized construction trades or crafts within residential property lines.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1103 - Registrar of contractors; salary

32-1103.
Registrar of contractors;  salary
The governor shall appoint a registrar of contractors pursuant to section 38-211. The registrar shall serve at the pleasure of the governor. The registrar is vested with all functions and duties relating to administration of this chapter. The registrar shall receive compensation as determined pursuant to section 38-611.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1105 - Rulemaking powers for purposes of classifying and reclassifying contractors

32-1105.
Rulemaking powers for purposes of classifying and reclassifying contractors
A. The registrar may adopt rules necessary to classify contractors in a manner consistent with established usage and procedure as found in the construction business,  and may limit the field and scope of operations of a licensed contractor within any of the branches of the contracting business,  as described in this chapter,  in which the contractor is classified and qualified to engage.
B. The registrar shall establish by rule license classifications for dual licensed contractors. A contractor classified as a dual licensed contractor may perform equivalent construction work on both commercial and residential projects under a single license. The registrar shall adopt rules necessary to establish the scope of work that may be done under the dual license classifications.
C. A licensee may apply for classification and be classified in more than one classification after the licensee meets the qualifications prescribed by the registrar for such additional classification or classifications.
D. This chapter does not prohibit a specialty contractor from taking and executing a contract involving the use of two or more crafts or trades if the performance of the work in the crafts or trades other than those in which the specialty contractor is licensed is incidental and supplemental to the performance of work in the craft for which the specialty contractor is licensed.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1106 - Enforcement powers

32-1106.
Enforcement powers
In any investigation,  proceeding or hearing he is empowered to institute,  conduct or hold under this chapter,  the registrar,  a deputy registrar,  an assistant,  an administrative law judge or an investigator may administer oaths,  certify to official acts,  issue subpoenas for attendance of witnesses and production of books,  papers and records,  and exercise the same powers in this regard as conferred upon the corporation commissioners and public officers by the provisions of section 40-244 and section 12-2212. All the provisions of such sections are incorporated into this section with the same force and effect as if herein set forth at length,  and wherever in such sections the term " commission"  or " commissioners"  or similar designation occurs,  it shall,  for the purpose of this reference mean the " registrar of contractors."
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1107 - Registrar of contractors fund

32-1107.
Registrar of contractors fund
A. The registrar of contractors fund is established. The registrar of contractors shall administer the fund. The registrar shall deposit,  pursuant to sections 35-146 and 35-147,  ninety percent of all monies collected under this chapter in the registrar of contractors fund and ten percent of all monies collected under this chapter in the state general fund,  except monies collected for the residential contractors' recovery fund and the contractors' cash bond fund and monies received from civil penalties.
B. The registrar shall use monies in the registrar of contractors fund for carrying out the powers and duties of the registrar and for the purposes of this chapter. Monies deposited in the registrar of contractors fund are subject to section 35-143.01.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1123 - Unlicensed contractors; contract bidding; license denial; exemptions; warning

32-1123.
Unlicensed contractors;  contract bidding;  license denial;  exemptions;  warning
A. Except as provided in subsection D of this section,  if an entity that is not licensed or not properly licensed pursuant to this chapter bids on a contract for a project with an aggregate worth of more than $1, 000,  the registrar may not issue the entity a license for one year after the bid date. For the purposes of this subsection,  aggregate worth does not include any electrical fixture or appliance that meets all of the following:
1. Was designed by the manufacturer.
2. Is unaltered,  unchanged or unmodified by any person.
3. Can be plugged into a common electrical outlet.
4. Does not involve the connection to a supply of natural gas,  propane or other petroleum or gaseous fuel.
B. This section does not apply to an entity that bids on a contract for either of the following:
1. A department of transportation project.
2. A project that is subject to the federal acquisition regulation,  title 48 Code of Federal Regulations,  including the department of defense federal acquisition regulation.
C. This section does not affect the licensing exemptions prescribed in section 32-1121.
D. The registrar shall issue an entity a written warning relating to unlicensed activity if the registrar has not previously issued the entity a warning and if the entity bids on a contract for a project pursuant to subsection A of this section and the project has an aggregate worth of more than $1, 000 but less than $20, 000,  excluding any electrical fixture or appliance that meets all of the following:
1. Was designed by the manufacturer.
2. Is unaltered,  unchanged or unmodified by any person.
3. Can be plugged into a common electrical outlet.
4. Does not involve the connection to a supply of natural gas,  propane or other petroleum or gaseous fuel.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1123.01 - Staggered periods of licensure; biennial renewal

32-1123.01.
Staggered periods of licensure;  biennial renewal
A. The registrar shall maintain a system of staggered licensure to distribute the work of licensure throughout the twelve months of the year.
B. The registrar shall implement a system for biennial license renewal and provide for proration of license renewal fees for that purpose.
C. The registrar may grant an exception to the biennial licensing or biennial renewal requirements of this section and may allow an annual renewal based on a written petition by a contractor claiming that the biennial requirements would cause a real and immediate hardship.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1124.01 - Confidentiality of licensee's or license applicant's personal identifying information; exception

32-1124.01.
Confidentiality of licensee's or license applicant's personal identifying information;  exception
A. Notwithstanding any other law and except as provided in subsection C of this section,  the registrar may not release to or make available for inspection by any person any of the following:
1. A licensee's or license applicant's residential address or residential telephone number,  unless the registrar determines that disclosure serves the interests of justice and is in the public interest.
2. A licensee's or license applicant's e-mail address,  other than to a court or a governmental agency that will use the e-mail address for a legitimate court or governmental purpose.
3. A licensee's or license applicant's social security number,  other than to a court or a governmental agency that will use the social security number for a legitimate governmental purpose.
B. The residential address,  e-mail address and residential telephone number of a licensee whose license is placed on inactive status are confidential unless the registrar determines that disclosure of this information serves the interests of justice and is in the public interest.
C. Notwithstanding subsections A and B of this section,  the registrar may disclose the residential address or residential telephone number of a licensee or license applicant if the residential address or residential telephone number is designated as the business address or business telephone number.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1125 - Renewal of license; qualifying party

32-1125.
Renewal of license;  qualifying party
A. Except as provided in section 32-4301,  a license issued under this chapter is suspended on the next business day following its renewal date by operation of law. An application for renewal of any current contracting license addressed to the registrar,  with a valid bond or cash deposit on file with the registrar,  accompanied by the required fee and received by the registrar or deposited in the United States mail postage prepaid on or before the renewal date authorizes the licensee to operate as a contractor until actual issuance of the renewal license. The registrar may refuse to renew a license if a licensee or person has committed or been found guilty of any act listed in section 32-1154.
B. A license that has been suspended by operation of law for failure to renew may be reactivated and renewed within one year of its suspension by filing the required application and paying the application fee in the amount provided for renewal in this chapter in addition to a $50 fee. When a license has been suspended for more than one year for failure to renew,  a new application for a license must be made and a new license issued in accordance with this chapter.
C. A licensee may apply in writing to the registrar for exemption from a qualifying party. The licensee must show to the satisfaction of the registrar that during the past five years the licensee:
1. Held a valid and active license and could legally contract under this chapter for the entire five-year period.
2. Did not transfer fifty percent or more of its stock or beneficial interest.
3. Did not commit a violation of section 32-1154,  subsection A that has not been remedied.
D. The registrar shall approve or deny the application within thirty days after its receipt. If the application is not approved,  the licensee,  within thirty days,  may request a hearing to be held pursuant to section 32-1156. If the application is approved,  the exemption takes effect immediately.
E. A licensee that is exempt from the requirement for a qualifying party pursuant to subsection C of this section may be required by the registrar after a hearing to obtain a qualifying party within sixty days on a finding that:
1. A transfer of ownership of fifty percent or more of the stock,  if applicable,  or beneficial interest,  in the licensee has occurred.
2. A violation of section 32-1154 has occurred.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1125.01 - Inactive license

32-1125.01.
Inactive license
A. A contractor may request the registrar,  on forms prescribed by the registrar,  to inactivate the contractor's current license for a period not to exceed five years at one time by giving written notice to the registrar. The registrar,  in the absence of any disciplinary proceeding or disciplinary suspension and on payment of reasonable fees determined by the registrar,  may issue to the contractor an inactive license certificate. The inactive license certificate may consist of an endorsement on the contractor's license stating that the license is inactive. The registrar may not refund any of the license renewal fee a contractor paid before requesting inactive status.
B. A contractor's license that is not suspended or revoked and that is inactive may be reactivated as an active license on payment of the current renewal fee and thirty days' written notice to the registrar. An examination may not be required to reactivate an inactive license. If the license is not reactivated within five years,  a new application for licensing must be made unless the contractor requests,  on forms prescribed by the registrar,  to inactivate the license for an additional period not to exceed five years. A contractor may not inactivate the license more than twice.
C. The holder of an inactive license may not practice as a contractor until the license is reactivated as an active license.
D. The inactive status of a contractor's license does not prevent the registrar from taking any disciplinary action against a licensed contractor for any of the grounds stated in this chapter.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1126 - Fees

32-1126.
Fees
A. The license fees prescribed by this chapter are as follows:
1. Application and license fees for an original biennial license:
(a) For general residential contracting and subclassifications of general residential contracting,  not more than $500.
(b) For general commercial contracting and subclassifications of general commercial contracting,  not more than $1, 500.
(c) For general dual licensed contracting,  not more than $2, 000.
(d) For specialty residential contracting,  not more than $350.
(e) For specialty commercial contracting,  not more than $1, 000.
(f) For specialty dual licensed contracting,  not more than $1, 350.
2. Biennial license renewal fee:
(a) For general residential contracting and subclassifications of general residential contracting,  not more than $320.
(b) For general commercial contracting and subclassifications of general commercial contracting,  not more than $1, 000.
(c) For general dual licensed contracting,  not more than $1, 320.
(d) For specialty residential contracting,  not more than $270.
(e) For specialty commercial contracting,  not more than $900.
(f) For specialty dual licensed contracting,  not more than $1, 170.
B. The fee for an annual license renewal granted pursuant to section 32-1123.01 is one-half of the biennial license renewal fee.
C. The registrar may establish reasonable fees for services performed by the registrar relating to reexaminations,  processing of applications,  changes of qualifying party and approval of name changes on licenses.
D. The penalty for failure to apply for renewal of a license within the time prescribed by this chapter is $50.
E. The registrar may establish a separate fee for examination.
F. The registrar may contract with private testing services to establish and administer such examinations and may authorize the payment of the examination fee to the private testing service.
G. Except as provided in section 32-1152,  subsection C,  a person applying for a contractor license or for renewal of a contractor license to engage in residential contracting shall pay an assessment of not more than $600 during the biennial license period for deposit in the residential contractors' recovery fund established by section 32-1132. If the registrar does not issue the license,  the assessment shall be returned to the applicant.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1127 - Qualifying party; responsibility

32-1127.
Qualifying party;  responsibility
A. While engaged as a qualifying party for a licensee,  the qualifying party may not take other employment that would conflict with the person's duties as qualifying party or conflict with the person's ability to adequately supervise the work performed by the licensee. Such person may act in the capacity of the qualifying party for one additional licensee if one of the following conditions exists:
1. There is a common ownership of at least twenty-five percent of each licensed entity for which the person acts in a qualifying capacity.
2. One licensee is a subsidiary of another licensee for which the same person acts in a qualifying capacity. For the purposes of this paragraph,  " subsidiary"  means a corporation of which at least twenty-five percent is owned by the other licensee.
B. While engaged as the qualifying party for a licensee,  the qualifying party is responsible for any violation of this chapter by the licensee for licensure regulatory purposes under this chapter. This subsection does not impose personal liability on the qualifying party for a licensee's violation of this chapter.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1127.01 - Qualifying parties; disassociation with license; requalification

32-1127.01.
Qualifying parties;  disassociation with license;  requalification
A. If a person who qualified for a license ceases to be connected with the licensee,  both the licensee and the qualifying party shall notify the registrar in writing within fifteen days after the disassociation.
B. A licensee shall requalify through another person within sixty days after the date of a disassociation.
C. If a licensee fails to requalify through another person within sixty days,  the license is automatically suspended by operation of law at the end of the period until the licensee qualifies through another person.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1128 - Asbestos educational pamphlet

32-1128.
Asbestos educational pamphlet
A. The director of occupational safety and health within the industrial commission with the assistance of the registrar of contractors and the director of the department of environmental quality shall prepare an educational pamphlet relating to asbestos to help contractors identify asbestos in the workplace and to inform them of state and federal asbestos rules and of the health hazards associated with asbestos contact.
B. The registrar shall distribute asbestos educational pamphlets with each contractor's license or license renewal.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1131 - Definitions

32-1131.
Definitions
In this article,  unless the context otherwise requires:
1. " Assessment"  means the contribution by a contractor to the residential contractors' recovery fund.
2. " Fund"  means the residential contractors' recovery fund.
3. " Residential contractor"  means a contractor as defined in section 32-1101 who is licensed to perform work on residential property pursuant to this chapter and who engages in residential contracting.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1132.01 - Actual damages; fund; limitations; definition

32-1132.01.
Actual damages;  fund;  limitations;  definition
A. An award from the residential contractors' recovery fund is limited to residential real properties. The fund may not issue an award covering damages to commercial property.
B. An award from the residential contractors' recovery fund may not exceed the actual damages suffered by the claimant as a direct result of a contractor's violation. Actual damages:
1. May not exceed an amount necessary to complete or repair a residential structure or appurtenance within residential property lines.
2. Must be established by bids supplied by or the value of work performed by a person that is licensed pursuant to this chapter if the person is required to be licensed pursuant to this chapter.
C. If the claimant paid a deposit or down payment and no actual work is performed or materials are delivered,  the claimant's actual damages are the exact dollar amount of the deposit or down payment plus interest at the rate of ten percent a year from the date the deposit or down payment is made,  but may not exceed $30, 000. Interest may not be paid from the fund on any other awards under this chapter unless ordered by a court of competent jurisdiction.
D. The maximum individual award from the residential contractors' recovery fund is $30, 000. An individual claimant may not be awarded more than the maximum individual award.
E. Monies in the residential contractors' recovery fund may not be awarded for attorney fees or costs,  except in contested cases appealed to the superior court.
F. If the claimant has recovered a portion of the claimant's loss from sources other than the fund,  the registrar shall deduct the amount recovered from other sources from the amount of actual damages suffered pursuant to subsection B of this section and direct the difference,  not to exceed $30, 000,  to be paid from the fund.
G. The claimant may not be the spouse of the residential contractor or the personal representative of the spouse of the residential contractor.
H. For the purposes of this section,  " actual damages"  means the reasonable cost of completing the contract and repairing the contractor's defective performance,  minus the part of the contract price still unpaid.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1133.01 - Administrative recovery; statute of limitations

32-1133.01.
Administrative recovery;  statute of limitations
A. Notwithstanding any other provision in this chapter,  if a contractor license has been revoked or suspended as a result of an order to remedy a violation of this chapter,  the registrar may order payment from the residential contractors' recovery fund to remedy the violation.
B. The registrar must serve the contractor with a notice setting forth the amount claimed or to be awarded.
C. If the contractor contests the amount or propriety of the payment,  the contractor must respond in writing within ten days after the date of service by requesting a hearing to determine the amount or propriety of the payment. The contractor's failure to respond in writing within ten days after the date of service may be deemed a waiver by the contractor of the right to contest the amount claimed or to be awarded.
D. Service of the notice required by subsection B of this section may be made by personal service to the contractor or by mailing a copy of the notice by certified mail with postage prepaid to the contractor's latest address of record on file in the registrar's office.
E. If service is made by certified mail,  it is effective five days after the notice is mailed. Except as provided in section 41-1092.08,  subsection H,  the contractor or claimant may seek judicial review of the registrar's final award pursuant to title 12,  chapter 7,  article 6.
F. A claimant to the residential contractors' recovery fund pursuant to this section must show that the claimant has proceeded against any existing bond covering the residential contractor.
G. A claim for payment from the residential contractor's recovery fund must be submitted within two years after all proceedings,  reviews and appeals connected with the registrar's final order terminate.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1134 - Powers and duties of registrar

32-1134.
Powers and duties of registrar
A. The registrar shall:
1. Establish assessments and maintain the fund balance at a level sufficient to pay operating costs and anticipated claims using the cash basis of accounting.
2. Cause an examination of the fund to be made every three years by an independent certified public accountant.
3. File with the department of insurance and financial institutions an annual statement of the condition of the fund.
4. Employ accountants and attorneys from monies in the fund,  but not to exceed $10, 000 in any fiscal year,  that are necessary for the performance of the duties prescribed in this section.
5. Employ or contract with individuals and procure equipment and operational support,  to be paid from or purchased with monies in the fund,  but not to exceed in any fiscal year fourteen percent of the total amount deposited in the fund in the prior fiscal year as may be necessary to monitor,  process or oppose claims filed by claimants,  which may result in collection from the recovery fund.
B. Notwithstanding section 32-1135,  the registrar may expend interest monies from the fund to increase public awareness of the fund. This expenditure may not exceed $50, 000 in any fiscal year.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1134.02 - Insufficiency of fund

32-1134.02.
Insufficiency of fund
If at any time the monies deposited in the residential contractors' recovery fund are insufficient to satisfy any duly authorized claim or portion thereof,  the registrar shall,  when sufficient monies have been deposited in the residential contractors' recovery fund,  satisfy any unpaid claims or portion of unpaid claims with priority for payment based on either:
1. The time of filing a certified copy of the court order with the registrar.
2. The date of the administrative order directing payment from the residential contractors' recovery fund.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1135 - Deposit of assessments

32-1135.
Deposit of assessments
The assessments received by the registrar for deposit in the fund shall be held in trust for carrying out the purposes of the fund. On notice from the registrar,  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.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1137 - Notice of authorized payment to claimant

32-1137.
Notice of authorized payment to claimant
On authorization of payment from the residential contractors' recovery fund,  the registrar shall notify the claimant that:
1. The amount authorized for payment is subject to repayment by the claimant if the judgment of the court is finally reversed.
2. It is the responsibility of the claimant to respond to an appeal from the judgment.
3. On appeal from the judgment,  postponement of acceptance by the claimant of the amount authorized for payment does not operate as a waiver of any rights of the claimant.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1138 - Subrogation

32-1138.
Subrogation
The state has the right of subrogation to the extent of payments made from the residential contractors' recovery fund including the right to collect from a bond,  cash payment or alternative to cash payment made pursuant to section 32-1152 or 32-1152.01. The registrar and the attorney general shall promptly enforce all subrogation claims.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1139 - Liability of fund for each residential contractor's license; suspension of license; repayment

32-1139.
Liability of fund for each residential contractor's license;  suspension of license;  repayment
A. The liability of the fund shall not exceed two hundred thousand dollars for any one residential contractor's license. If claims against the fund on behalf of any one residential contractor's license exceed two hundred thousand dollars,  the claims shall be paid based on a pro rata share of the common liability,  and the registrar or a court entering an order for payment after the sum of two hundred thousand dollars has been paid from the fund shall modify the order indicating that no further recovery from the fund shall be allowed.
B. If any amount is paid from the fund in settlement of a claim arising from the act,  representation,  transaction or conduct of a residential contractor,  the license of the contractor shall be automatically suspended by operation of law until the amount paid from the fund is repaid in full,  plus interest at the rate of ten per cent a year. Any person who is or was,  at the time of the act or omission,  named on a license that has been suspended because of a payment from the recovery fund is not eligible to receive a new license or retain another existing license that also shall be suspended by operation of law,  nor shall any suspended license be reactivated,  until the amount paid from the fund is repaid as provided in this subsection.
C. After receiving an award from the fund pursuant to this article a person is deemed to have assigned to the registrar the person's rights for recovery against the responsible residential contractor licensed pursuant to this chapter to the extent of the person's award from the fund.