reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1140 - Disciplinary action against contractor

32-1140.
Disciplinary action against contractor
This article does not limit the authority of the registrar to take disciplinary action against any licensed contractor for a violation of this chapter,  or of the rules and regulations of the registrar,  nor does the repayment in full of all obligations to the fund by any contractor nullify or modify the effect of any other disciplinary proceeding brought pursuant to this chapter or the rules and regulations.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1151 - Engaging in contracting without license prohibited

32-1151.
Engaging in contracting without license prohibited
It is unlawful for any person,  firm,  partnership,  corporation,  association or other organization,  or a combination of any of them,  to engage in the business of,  submit a bid or respond to a request for qualification or a request for proposals for construction services as,  act or offer to act in the capacity of or purport to have the capacity of a contractor without having a contractor's license in good standing in the name of the person,  firm,  partnership,  corporation,  association or other organization as provided in this chapter,  unless the person,  firm,  partnership,  corporation,  association or other organization is exempt as provided in this chapter. Evidence of securing a permit from a governmental agency or the employment of a person on a construction project shall be accepted in any court as prima facie evidence of existence of a contract.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1151.01 - Change in ownership; notice to registrar

32-1151.01.
Change in ownership;  notice to registrar
A corporation,  association or other organization that is a licensed contractor shall immediately notify the registrar of any transfer of ownership of twenty-five percent or more of the stock or beneficial interest in the company.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1151.02 - List of unlicensed contractors; website publication

32-1151.02.
List of unlicensed contractors;  website publication
A. The registrar shall maintain a list of persons who have been convicted of contracting without a license in violation of section 32-1151 or administratively adjudicated to have been contracting without a license after being issued a civil citation pursuant to section 32-1166.01. The list shall include any known related business names that the persons described in this subsection have used. The list shall be published on the registrar's website.
B. The registrar shall remove a person and any known related business names that person used from the list within ten business days when the person becomes licensed pursuant to this chapter and submits a written request to the registrar requesting the person's name to be removed from the list.
C. If a member of the public requests a copy of the list prescribed by subsection A of this section,  the registrar shall provide a copy of the list.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1152.01 - Alternatives to cash deposit

32-1152.01.
Alternatives to cash deposit
A. As an alternative to the cash deposit provided for in section 32-1152,  subsection B,  a contractor may substitute any of the following:
1. Certificates of deposit assigned to the registrar,  issued by banks doing business in this state and insured by the federal deposit insurance corporation.
2. Investment certificates or share accounts assigned to the registrar and issued by a savings and loan association doing business in this state and insured by the federal deposit insurance corporation.
B. The terms and conditions surrounding each of such types of security may be prescribed by the registrar.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1153 - Proof of license as prerequisite to civil action

32-1153.
Proof of license as prerequisite to civil action
No contractor as defined in section 32-1101 shall act as agent or commence or maintain any action in any court of the state for collection of compensation for the performance of any act for which a license is required by this chapter without alleging and proving that the contracting party whose contract gives rise to the claim was a duly licensed contractor when the contract sued upon was entered into and when the alleged cause of action arose.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1155 - Filing of complaint; resolution of complaint; service of notice; failure to answer; prohibited citations

32-1155.
Filing of complaint;  resolution of complaint;  service of notice;  failure to answer;  prohibited citations
A. On the filing of a written complaint with the registrar charging a licensee with the commission of an act that is cause for suspension or revocation of a license,  including an act that is in violation of title 44,  chapter 11,  article 11,  the registrar after investigation,  in its sole discretion,  may issue a citation directing the licensee,  within ten days after service of the citation on the licensee,  to appear by filing with the registrar the licensee's written answer to the citation and complaint showing cause,  if any,  why the licensee's license should not be suspended or revoked. The complaint must be filed within the statute of limitations prescribed by 32-1162.
B. Service of the citation on the licensee is fully effected by personal service or by mailing a true copy thereof,  together with a true copy of the complaint,  by certified mail in a sealed envelope with postage prepaid and addressed to the licensee at the licensee's latest address of record in the registrar's office. Service of the citation and complaint is complete at the time of personal service or five days after deposit in the mail.
C. Failure of the licensee to answer within ten days after service may be deemed an admission by the licensee of the licensee's commission of the act or acts charged in the complaint,  and the registrar may then suspend or revoke the licensee's license unless the registrar determines,  in its sole discretion,  that the failure to answer within such period is attributable to excusable neglect on the part of the licensee.
D. The registrar may not issue a citation for failure to perform work in a professional and workmanlike manner or in accordance with any applicable building codes and professional industry standards if either:
1. The contractor is not provided an opportunity to inspect the work within fifteen days after receiving a written notice from the registrar.
2. The contractor's work has been subject to neglect,  modification or abnormal use.
E. Notwithstanding subsection D of this section,  the registrar may investigate the complaint without waiting fifteen days.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1156 - Hearings

32-1156.
Hearings
A. Title 41,  chapter 6,  article 10 applies to hearings under this chapter.
B. In a hearing or rehearing conducted pursuant to this section a company may be represented by an officer or employee who is not a member of the state bar if both:
1. The company has specifically authorized the officer or employee to represent it.
2. The representation is not the officer's or employee's primary duty to the company but is secondary to the officer's or employee's duties relating to the management or operation of the company.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1156.01 - Restitution; prohibition

32-1156.01.
Restitution;  prohibition
A. After a hearing pursuant to this article,  an administrative law judge may recommend that a licensee provide restitution to any person who is injured or whose property is damaged by an action of the licensee.
B. A restitution award made pursuant to this section may not include attorney fees.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1157 - Appeals; costs; transcript

32-1157.
Appeals;  costs;  transcript
A. Except as provided in section 41-1092.08,  subsection H,  a final decision of the registrar may be appealed to the superior court pursuant to title 12,  chapter 7,  article 6.
B. The party who is appealing may request in writing and shall receive from the registrar a certified copy of all documents and evidence in the administrative record. The party shall pay the registrar for the cost of producing the administrative record. Within thirty days after receipt of the request and payment,  the registrar shall certify the administrative record and file it with the clerk of the superior court in the county in which the appeal is pending.
C. By order of the court or by stipulation of the parties to the action,  the record may be shortened or supplemented.
D. If the appeal is from an action instituted by the registrar and the court determines that the appellant is the successful party in the appeal,  the appealing party is entitled to recover from the registrar any monies paid by the appealing party for transcriptions or for copies of documents provided by the registrar.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1158 - Contract requirements; provision of documents and receipt at contract signing

32-1158.
Contract requirements;  provision of documents and receipt at contract signing
A. Any contract in an amount of more than $1, 000 entered into between a contractor and the owner of a property to be improved shall contain in writing at least the following information:
1. The name of the contractor and the contractor's business address and license number.
2. The name and mailing address of the owner and the jobsite address or legal description.
3. The date the parties entered into the contract.
4. The estimated date of completion of all work to be performed under the contract.
5. A description of the work to be performed under the contract.
6. The total dollar amount to be paid to the contractor by the owner for all work to be performed under the contract,  including all applicable taxes.
7. The dollar amount of any advance deposit paid or scheduled to be paid to the contractor by the owner.
8. The dollar amount of any progress payment and the stage of construction at which the contractor will be entitled to collect progress payments during the course of construction under the contract.
9. That the property owner has the right to file a written complaint with the registrar for an alleged violation of section 32-1154,  subsection A. The contract shall contain the registrar's telephone number and website address and shall state that complaints must be made within the applicable time period as set forth in section 32-1162,  subsection A. The information in this paragraph must be prominently displayed in the contract in at least ten-point bold type,  and the contract shall be signed by the property owner and the contractor or the contractor's designated representative. This paragraph does not apply to a person who is subject to and complies with section 12-1365.
B. When a contractor and an owner sign a contract,  the contractor shall provide the owner with a legible copy of all documents signed and a written and signed receipt for and in the true amount of any cash paid to the contractor by the owner.
C. The requirements of this section are not prerequisites to the formation or enforcement of a contract. Failure to comply with the requirements of this section does not constitute a defense by either party to an action for compensation,  damages,  breach,  enforcement or other cause of action based on the contract.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1158.01 - Swimming pool; spa; construction contracts

32-1158.01.
Swimming pool;  spa;  construction contracts
A. In addition to the requirements of section 32-1158,  a licensed contractor who enters into a contract for the construction or installation of a residential in-ground swimming pool or spa with a purchaser who resides in the residence or who intends to reside in the residence after the completion of the contract shall include at least the following provisions:
1. A provision providing the purchaser the opportunity to request standard contractor's payment and performance bonds in a form approved by the registrar,  securing the completion of the work and payment for services and materials. The cost of the payment and performance bond shall be paid by the purchaser of the swimming pool or spa and the contractor shall not charge a surcharge or a service charge.
2. The following payment provisions:
(a) A down payment payable on the execution of the contract of not more than fifteen percent of the original contract price.
(b) After the completion of the excavation work on the swimming pool or spa,  a payment of not more than twenty-five percent of the amount of the original contract price plus any written change orders approved by the purchaser.
(c) After the installation of steel,  plumbing and pneumatically applied concrete materials or the installation of a prefabricated swimming pool or spa,  a payment of not more than twenty-five percent of the amount of the original contract price plus any written change orders approved by the purchaser.
(d) After the installation of decking materials,  a payment of not more than twenty-five percent of the amount of the original contract price plus any written change orders approved by the purchaser.
(e) Before the application of the finishing interior materials or completion of all work on a prefabricated pool or spa,  payment of all remaining sums due on the original contract plus any written change orders approved by the purchaser.
3. A provision that gives notice to the purchaser,  in a form that is approved by the registrar and that is in at least ten point type,  of the purchaser's right to receive written material that advises the purchaser of the provisions of this section and of the procedures provided for by the registrar for the resolution of claims and disputes with licensed contractors.
4. A provision in a form that is approved by the registrar and that is in at least ten point type,  advising the purchaser of the purchaser's rights under title 44,  chapter 15.
B. If a purchaser requires the contractor to furnish a payment and performance bond securing the performance of the contract,  the contract provisions required by subsection A,  paragraph 2 of this section may be changed in any manner agreed to by the parties to the contract.
C. Any changes,  additions or deletions to the work specified in the original contract shall be included in a written change order.
D. A contractor's failure to comply with this section is a violation of section 32-1154,  subsection A.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1159 - Indemnity agreements in construction and architect-engineer contracts void; definitions

32-1159.
Indemnity agreements in construction and architect-engineer contracts void;  definitions
A. A covenant,  clause or understanding in,  collateral to or affecting a construction contract or architect-engineer professional service contract that purports to indemnify,  to hold harmless or to defend the promisee from or against liability for loss or damage resulting from the sole negligence of the promisee or the promisee's agents,  employees or indemnitee is against the public policy of this state and is void.
B. Notwithstanding subsection A,  a contractor who is responsible for the performance of a construction contract may fully indemnify a person for whose account the construction contract is not being performed and who,  as an accommodation,  enters into an agreement with the contractor that permits the contractor to enter on or adjacent to its property to perform the construction contract for others.
C. This section applies to all contracts entered into between private parties. This section does not apply to:
1. Agreements to which this state or a political subdivision of this state is a party,  including intergovernmental agreements and agreements governed by sections 34-226 and 41-2586.
2. Agreements entered into by agricultural improvement districts under title 48,  chapter 17.
D. In this section:
1. " Architect-engineer professional service contract"  means a written or oral agreement relating to the design,  design-build,  construction administration,  study,  evaluation or other professional services furnished in connection with any actual or proposed construction,  alteration,  repair,  maintenance,  moving,  demolition or excavation of any structure,  street or roadway,  appurtenance or other development or improvement to land.
2. " Construction contract"  means a written or oral agreement relating to the construction,  alteration,  repair,  maintenance,  moving,  demolition or excavation or other development or improvement to land.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1160 - Claim for termite damages; notice and offer of settlement; applicability; definition

32-1160.
Claim for termite damages;  notice and offer of settlement;  applicability;  definition
A. At least thirty days before filing suit against a contractor for money damages resulting from termites,  a claimant shall give written notice to that contractor at that contractor's last known address,  specifying in reasonable detail the facts that are the subject of the complaint. Within ten days after the date the contractor receives the notice,  the contractor may request an opportunity to inspect the premises and may make a written offer to the claimant that may include an agreement by the contractor to inspect,  treat,  repair or have repaired at the contractor's expense any area damaged by the termites and shall describe in reasonable detail the kind of repairs or treatment offered. If accepted,  the repairs or treatment shall be made within forty-five days after the date the contractor receives written notice of acceptance of the offer of compromise,  unless completion is delayed by the claimant or by other events beyond the control of the contractor. Failure to provide a written notice or refusal to allow a contractor to inspect the premises for termite damage and provide a retreatment program shall create a rebuttable presumption that the damages could have been mitigated.
B. The notice prescribed by subsection A is not required if the claimant must file suit at an earlier date to prevent expiration of the statute of limitations or if the complaint is asserted as a counterclaim.
C. This section does not create an implied warranty or extend any limitation period. This section applies only to a claim for money damages to a residence or an appurtenance to a residence resulting from termites and for which suit is filed after the effective date of this section.
D. For purposes of this section " contractor"  means a person or entity,  including any subsidiaries,  parents,  partners or affiliates,  that contracts with a claimant for the construction or sale of a new residence constructed by that person or entity,  or for an alteration of or addition to an existing residence,  repair of a new or existing residence,  or construction,  sale,  alteration,  addition or repair of an appurtenance to a new or existing residence.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1161 - Rights of contractor after suspension of license

32-1161.
Rights of contractor after suspension of license
A. After suspending the license on any of the grounds set forth in section 32-1154,  the registrar shall renew it on proof of compliance by the contractor with provisions of the judgment relating to renewal of the license,  or in the absence of a judgment or provisions therein as to renewal,  on proper showing that all loss caused by the act or omission for which the license was suspended has been fully satisfied.
B. After suspending the license pursuant to section 32-1154,  the licensee may perform,  without compensation,  warranty work or other corrective work.
C. After revoking a license on any of the grounds set forth in section 32-1154,  the license may not be renewed or reissued for one year after final determination of revocation and then only on proper showing that all loss caused by the act or omission for which the license was revoked has been fully satisfied. For the purposes of this subsection,  a proper showing may be made by demonstrating,  to the satisfaction of the registrar,  that the licensee exhausted all reasonable means to remedy the underlying loss caused by the act or omission.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1162 - Statute of limitations; remedy violations

32-1162.
Statute of limitations;  remedy violations
A. A person may file a written complaint pursuant to section 32-1155 with the registrar alleging a licensee has committed a violation of this chapter. The complaint must be filed:
1. For new home builds or other new building construction,  within two years after the earlier of the close of escrow or actual occupancy.
2. For all other projects,  within two years after the completion of the specific project.
B. For licensure regulatory purposes under this chapter,  a licensee's qualifying party is responsible for any violation of this chapter committed by the licensee during the period of time that the qualifying party is named on the license. This subsection does not impose personal liability on the qualifying party for a licensee's violation of this chapter.
C. For licensure regulatory purposes under this chapter,  a person named on a license is responsible for any violation of this chapter committed by the licensee during the period of time that person was named on the license. This subsection does not impose personal liability on a person named on a license for a licensee's violation of this chapter.
D. A licensee doing business as a sole proprietor may be personally liable to the registrar for the purposes of enforcing this chapter,  including subrogation proceedings brought by this state pursuant to section 32-1138.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1163 - Effect of chapter upon federal aid contracts

32-1163.
Effect of chapter upon federal aid contracts
If any provision or condition contained in this chapter conflicts with any provision of federal law,  or a rule or regulation made under federal law pertaining to federal aid contracts,  such provision in conflict with the federal law,  rule or regulation shall not apply on federal aid contracts to the extent such conflict exists,  but all provisions of this chapter with which there is no such conflict,  shall apply to federal aid contracts.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1164 - Violation; classification; probation; conditions

32-1164.
Violation;  classification;  probation;  conditions
A. Commission by a contractor of any of the following acts is a class 1 misdemeanor:
1. Any act specified in section 32-1154,  subsection A,  paragraph 6 or 9.
2. Acting in the capacity of a contractor within the meaning of this chapter without a license.
B. For the first offense under subsection A of this section,  a contractor shall be fined not less than one thousand dollars. For the second or any subsequent offense under subsection A of this section,  a contractor shall be fined not less than two thousand dollars.
C. If a person is convicted of a misdemeanor pursuant to subsection A of this section and the court sentences the person to a term of probation,  the court shall order that as conditions of probation the person do all of the following:
1. Pay in full all transaction privilege tax or use tax amounts that are due under title 42,  chapter 5,  article 2 or 4 and that arise from the acts or omissions constituting the offense.
2. Pay in full all transaction privilege or use tax amounts that are due to the county in which the offense occurred and that arise from the acts or omissions constituting the offense.
3. Pay in full all transaction privilege or use tax amounts that are owed to the local municipal government,  city or town in which the offense occurred and that arise from the acts or omissions constituting the offense.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1165 - Advertising; violation; classification

32-1165.
Advertising;  violation;  classification
Except as authorized by section 32-1121,  subsection A,  it is a class 1 misdemeanor for any person to advertise that the person is able to perform any service or contract for compensation subject to regulation by the registrar under the terms of this chapter unless the person first obtains a license under the terms of this chapter.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1166 - Cease and desist orders

32-1166.
Cease and desist orders
A. The registrar may issue a cease and desist order to any person who is required to be licensed by this chapter but who is not licensed and who engaged in an act of contracting,  a practice or a transaction that violates this chapter,  a rule adopted by the registrar or an order issued by the registrar.
B. The cease and desist order may require the person to immediately cease and desist from engaging in an act,  practice or transaction on receipt of the order.
C. Service of the cease and desist order is fully effected by personal service or by mailing a true copy of the cease and desist order by certified mail in a sealed envelope,  with postage prepaid,  addressed to either:
1. The person's last known business address.
2. The person's residential address.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1166.01 - Citation; civil penalties

32-1166.01.
Citation;  civil penalties
A. In conjunction with the registrar's authority to issue a cease and desist order under section 32-1166,  subsection A,  the registrar may issue a citation for contracting practicing or transacting that constitutes a violation of any of the following:
1. This chapter.
2. A rule adopted by the registrar.
3. An order issued by the registrar.
B. A citation issued pursuant to this section shall:
1. Be in writing.
2. Clearly describe the violation for which the citation was issued.
3. Contain an order to cease and desist.
4. Contain a civil penalty of at least $200 for each violation but not more than $2, 500 for multiple violations committed on the same day.
C. Each violation of this chapter or a rule or order of the registrar by a person who is required to be licensed by this chapter and who does not possess the required license constitutes a separate offense and the registrar may impose a civil penalty not to exceed $2, 500 for each violation except that the civil penalty may not exceed $2, 500 for all violations committed on the same day.
D. The registrar shall issue a citation under this section within one hundred and eighty days after actual discovery of the offense by this state or the political subdivision having jurisdiction. Service of the citation is fully effected by personal service or by mailing a true copy of the citation by certified mail in a sealed envelope with postage prepaid and addressed to either:
1. The person's last known business address.
2. The person's residential address.
E. The registrar may issue citations containing orders to cease and desist and civil penalties against persons who have never been licensed under this chapter who are acting in the capacity of or engaging in the business of a contractor in this state.
F. If the registrar issues a citation against a person and the person fails to comply with the cease and desist order and citation,  the registrar may assess an additional civil penalty of up to $2, 500 for each day the violation continues.
G. The registrar may adopt rules relating to the civil penalty that give due consideration to the gravity of the violation and any history of previous violations.
H. The penalties authorized under this section are separate from,  and in addition to,  all other remedies provided by law,  either civil or criminal.
I. The registrar shall deposit,  pursuant to sections 35-146 and 35-147,  all monies collected from civil penalties under this section in the state general fund.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1166.06 - Filing registrar's orders

32-1166.06.
Filing registrar's orders
After the exhaustion of administrative review procedures pursuant to title 41,  chapter 6,  article 10,  and if judicial review has not been sought under title 12,  chapter 7,  article 6,  a certified copy of any registrar's order requiring the payment of civil penalties may be filed in the office of the clerk of the superior court in any county of this state. The clerk shall handle the registrar's order in the same manner as a superior court judgment. A registrar's order that is filed in the office of the clerk of the superior court has the same effect as a superior court judgment and may be recorded,  enforced or satisfied in a similar manner. A person who files a registrar's order under this section is not required to pay a filing fee.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1166.07 - Waiver of civil penalty

32-1166.07.
Waiver of civil penalty
Notwithstanding any other law,  the registrar may waive all,  except two hundred dollars,  of the civil penalty if the person against whom the civil penalty is assessed completes all of the requirements for,  and is issued,  a contractor's license. Any loss or damage to the public caused by the violator's activities shall be remedied before issuance of the license.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1168 - Proof of valid license

32-1168.
Proof of valid license
At the request of the registrar,  and after issuing a citation pursuant to section 32-1104,  subsection A,  paragraph 4,  or a cease and desist order pursuant to section 32-1166,  the county,  city or authority of the state may cause work on a construction project to cease or be suspended on that project until there is compliance with the licensing requirements of section 32-1151 by those contractors employed on that project.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1169 - Building permits; local proof of valid license; violation

32-1169.
Building permits;  local proof of valid license;  violation
A. Each county,  city or other political subdivision or authority of this state or any agency,  department,  board or commission of this state that requires the issuance of a building permit as a condition precedent to the construction,  alteration,  improvement,  demolition or repair of a building,  structure or other improvement to real property for which a license is required under this chapter,  as part of the application procedures which it uses,  shall require that each applicant for a building permit file a signed statement that the applicant is properly licensed to perform the work described in the permit under this chapter with the applicant's license number. If the applicant purports to be exempt from the licensing requirements of this chapter,  the statement shall contain the basis of the asserted exemption and the name and license number of any general,  mechanical,  electrical or plumbing contractor who will be employed on the work. The local issuing authority may require from the applicant a statement signed by the registrar to verify any purported exemption.
B. The filing of an application containing false or incorrect information concerning an applicant's contractor's license with the intent to avoid the licensing requirements of this chapter is unsworn falsification pursuant to section 13-2704.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1170 - Definitions

32-1170.
Definitions
In this article,  unless the context otherwise requires:
1. " Solar contractor"  means a contractor,  as defined in section 32-1101,  who installs,  alters or repairs solar devices.
2. " Solar device"  means a device for the use and application of solar energy incidental to:
(a) Boilers,  steamfitting and process piping.
(b) Plumbing.
(c) Air conditioning or comfort heating and cooling systems.
(d) Hot water systems for residences and swimming pools.
(e) Solar daylighting by a device as defined in section 44-1761.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1170.01 - Installation, alteration or repair of solar device without qualification as solar contractor prohibited

32-1170.01.
Installation,  alteration or repair of solar device without qualification as solar contractor prohibited
After June 30,  1980,  it is unlawful for a contractor to install,  alter or repair a solar device without qualifying as a solar contractor pursuant to this article.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1170.02 - Qualification examination

32-1170.02.
Qualification examination
A. To qualify as a solar contractor under this article,  the applicant shall:
1. Submit to the registrar an application on forms prescribed by the registrar,  identifying the applicant and the classification of license held or sought by the applicant,  and pay the prescribed fee.
2. Pass an examination approved and conducted by the registrar that is specific to the solar requirements of the classification of license held or sought by the applicant.
3. Meet all other provisions of this chapter relating to obtaining and maintaining an appropriate license.
B. The examination shall be given by the registrar at the times and places prescribed by the registrar.
C. The license of a successful applicant shall be appropriately marked or supplemented by the registrar to indicate qualification as a solar contractor within the scope of that license.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1184 - Interruption of performance of construction contract; damages; termination of contract

32-1184.
Interruption of performance of construction contract;  damages;  termination of contract
A. A contractor licensed under this chapter may interrupt the performance of a construction contract without penalty or liability for breach of contract if any applicable law or rule requires the cessation of work or the contractor encounters any hazardous substance or hazardous material which is required to be removed or contained by any applicable law or rule and either of the following apply:
1. Any applicable law or rule prohibits the contractor from proceeding to remove or contain the hazardous material or hazardous substance unless the contractor is duly licensed and the contractor is not so licensed.
2. The removal or containment of the hazardous material or hazardous substance cannot be accomplished without a cessation of work.
B. A contractor licensed under this chapter whose work is impaired,  impeded or prohibited under subsection A may interrupt performance of the construction contract as provided in this section only to the extent of the area affected by the hazardous materials or hazardous substances removed or contained by the owner or as otherwise required by applicable statute or rule.
C. A person who interrupts the performance of a construction contract under subsection A is entitled to reasonable and foreseeable damages caused by the delay unless the existence of the specific hazardous substance or hazardous material is disclosed in writing prior to entering into the contract. The right to damages is conditioned upon notification within a reasonable period of time to the owner of the discovery by the person of the existence of the hazardous material or hazardous substance. This section shall not affect any legal rights and remedies otherwise existing between the parties,  including but not limited to rights to damages,  setoff and counterclaim.
D. The owner may terminate the construction contract on payment to the contractor,  subcontractor or other person whose work is delayed under subsection A of the amount of any services or materials supplied or expended which conform to the contract terms and specifications and the payment of damages subject to the provisions of subsection C to the date of the termination of the contract.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1186 - Construction contracts; void provisions

32-1186.
Construction contracts;  void provisions
A. The following are against this state's public policy and are void and unenforceable:
1. A provision,  covenant,  clause or understanding in,  collateral to or affecting a construction contract that makes the contract subject to the laws of another state or that requires any litigation arising from the contract to be conducted in another state.
2. A provision,  covenant,  clause or understanding in,  collateral to or affecting a construction contract stating that a party to the contract cannot suspend performance under the contract or terminate the contract if another party to the contract fails to make prompt payments under the contract pursuant to section 32-1181,  32-1182 or 32-1183.
B. Any mediation,  arbitration or other dispute resolution proceeding arising from a construction contract for work performed in this state shall be conducted in this state.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1188 - Applicability to construction of a dwelling for an owner-occupant; definitions

32-1188.
Applicability to construction of a dwelling for an owner-occupant;  definitions
A. The requirements in section 32-1182 do not apply to construction contracts for the construction of a dwelling for an owner-occupant unless the following legend or substantially similar language appears in clear and conspicuous type on the front page of each billing or estimate from the contractor to the owner-occupant:
Notice to owner of applicability of Arizona prompt pay act
(Notice required by Arizona Revised Statutes
section 32-1188)
Attention: Your obligations to pay your contractor are subject to the Arizona prompt pay act. That act is set forth in title 32,  chapter 10,  article 5,  Arizona Revised Statutes. The full text of the statutes are available at your local public law library or on the internet. Under that act,  you have the right to withhold all or a portion of a payment to a contractor for a variety of reasons,  including defective construction work that has not been corrected. However,  in order to do so,  you must issue a written statement setting forth in reasonable detail your reasons for withholding payments within fourteen (14) days after the date you receive a billing or estimate. If you fail to issue the written statement within that period,  the billing or estimate will be deemed approved. Once the billing or estimate is deemed approved,  you must pay the billing or estimate within seven (7) days. Generally,  you are limited by the act to withholding only an amount that is sufficient to pay the direct costs and expenses you reasonably expect to incur to protect you from loss for which the contractor is responsible. You are encouraged to read the act in full to know your obligations and rights.
B. For the purposes of this section,  " dwelling"  and " owner-occupant"  have the same meanings prescribed in section 33-1002.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1202 - Scope of practice; practice of dentistry

32-1202.
Scope of practice;  practice of dentistry
For the purposes of this chapter,  the practice of dentistry is the diagnosis,  surgical or nonsurgical treatment and performance of related adjunctive procedures for any disease,  pain,  deformity,  deficiency,  injury or physical condition of the human tooth or teeth,  alveolar process,  gums,  lips,  cheek,  jaws,  oral cavity and associated tissues of the oral maxillofacial facial complex,  including removing stains,  discolorations and concretions and administering botulinum toxin type A and dermal fillers to the oral maxillofacial complex for therapeutic or cosmetic purposes.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1203 - State board of dental examiners; qualifications of members; terms

32-1203.
State board of dental examiners;  qualifications of members;  terms
A. The state board of dental examiners is established consisting of six licensed dentists,  two licensed dental hygienists,  two public members and one business entity member appointed by the governor for a term of four years,  to begin and end on January 1.
B. Before appointment by the governor,  a prospective member of the board shall submit a full set of fingerprints to the governor for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.
C. The business entity member and the public members may participate in all board proceedings and determinations,  except in preparing,  giving or grading examinations for licensure. Dental hygienist board members may participate in all board proceedings and determinations,  except in preparing,  giving and grading examinations that do not relate to dental hygiene procedures.
D. A board member shall not serve more than two consecutive terms.
E. For the purposes of this section,  the business entity member must be an employee or owner of a registered business entity pursuant to section 32-1213 and may not include a person who is licensed pursuant to this chapter.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1204 - Removal from office

32-1204.
Removal from office
The governor may remove a member of the board for persistent neglect of duty,  incompetency,  unfair,  biased,  partial or dishonorable conduct,  or gross immorality. Conviction of a felony or revocation of the dental license of a member of the board shall ipso facto terminate his membership.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1205 - Organization; meetings; quorum; staff

32-1205.
Organization;  meetings;  quorum;  staff
A. The board shall elect from its membership a president and a vice-president who shall act also as secretary-treasurer.
B. Board meetings shall be conducted pursuant to title 38,  chapter 3,  article 3.1. A majority of the board constitutes a quorum. Beginning September 1,  2015,  meetings held pursuant to this subsection shall be audio recorded and the audio recording shall be posted to the board's website within five business days after the meeting.
C. The board may employ an executive director,  subject to title 41,  chapter 4,  article 4 and legislative appropriation.
D. The board or the executive director may employ personnel,  as necessary,  subject to title 41,  chapter 4,  article 4 and legislative appropriation.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1206 - Compensation of board members; investigation committee members

32-1206.
Compensation of board members;  investigation committee members
A. Members of the board are entitled to receive compensation in the amount of $250 for each day actually spent in performing necessary work authorized by the board and all expenses necessarily and properly incurred while performing this work.
B. Members of an investigation committee established by the board may receive compensation in the amount of $100 for each committee meeting.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1208 - Failure to respond to subpoena; civil penalty

32-1208.
Failure to respond to subpoena;  civil penalty
In addition to any disciplinary action authorized by statute,  the board may assess a nondisciplinary civil penalty in an amount not to exceed five hundred dollars for a licensee who fails to respond to a subpoena issued by the board pursuant to this chapter.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1209 - Admissibility of records in evidence

32-1209.
Admissibility of records in evidence
A copy of any part of the recorded proceedings of the board certified by the executive director,  or a certificate by the executive director that any asserted or purported record,  name,  license number,  restricted permit number or action is not entered in the recorded proceedings of the board,  may be admitted as evidence in any court in this state. A person making application and paying a fee set by the board may procure from the executive director a certified copy of any portion of the records of the board unless these records are classified as confidential as provided by law. Unless otherwise provided by law,  all records concerning an investigation,  examination materials,  records of examination grading and applicants' performance and transcripts of educational institutions concerning applicants are confidential and are not public records. " Records of applicants' performance"  does not include records of whether an applicant passed or failed an examination.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1210 - Annual report; posting

32-1210.
Annual report;  posting
A. Not later than October 1 of each year,  the board shall make an annual written report to the governor for the preceding fiscal year that includes the following information:
1. The number of licensed dentists,  dental therapists and hygienists in this state.
2. The number of certified denturists in this state.
3. The number of registered business entities in this state.
4. The number of licenses,  certificates and registrations issued during the preceding fiscal year for each license type,  certificate and registration.
5. The outcomes with respect to complaints filed with the board and of any formal hearings held in connection with those complaints and the results of those hearings.
6. The facts with respect to persons charged with violations of this chapter.
7. A full and complete statement of financial transactions of the board.
8. Any other matters that the board wishes to include in the report or that the governor requires.
B. On request of the governor,  the board shall submit a supplemental report.
C. The reports made pursuant to this section shall be posted on the board's public website.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1212 - Dental board fund

32-1212.
Dental board fund
A. Except as provided in subsection C of this section,  pursuant to sections 35-146 and 35-147,  the executive director of the board shall each month deposit ten per cent of all fees,  fines and other revenue received by the board,  in the state general fund and deposit the remaining ninety per cent in the dental board fund.
B. Monies deposited in the dental board fund shall be subject to the provisions of section 35-143.01.
C. Monies from administrative penalties received pursuant to section 32-1263.01 shall be deposited,  pursuant to sections 35-146 and 35-147,  in the state general fund.