reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-3955.01 - Seriously mentally ill housing trust fund; purpose; report

41-3955.01.
Seriously mentally ill housing trust fund;  purpose;  report
A. The seriously mentally ill housing trust fund is established. The director of the Arizona health care cost containment system administration shall administer the fund. The fund consists of monies received pursuant to section 44-313 and investment earnings.
B. On notice from the director of the Arizona health care cost containment system administration,  the state treasurer shall invest and divest monies in the fund as provided by section 35-313,  and monies earned from investment shall be credited to the fund.
C. Fund monies shall be spent on approval of the Arizona health care cost containment system administration solely for housing projects and rental assistance for seriously mentally ill persons.
D. The director of the Arizona health care cost containment system administration shall report annually to the legislature on the status of the seriously mentally ill housing trust fund. The report shall include a summary of facilities for which funding was provided during the preceding fiscal year and shall show the cost and geographic location of each facility and the number of individuals benefiting from the operation,  construction or renovation of the facility. The report shall also include the number of individuals who benefited from rental assistance. The report shall be submitted to the president of the senate and the speaker of the house of representatives not later than September 1 of each year.
E. Monies in the seriously mentally ill housing trust fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
F. An amount not to exceed ten percent of the seriously mentally ill housing trust fund monies may be appropriated annually by the legislature to the Arizona health care cost containment system for administrative costs in providing services relating to the seriously mentally ill housing trust fund.
G. For any construction project financed by the Arizona health care cost containment system administration pursuant to this section,  the administration shall notify a city,  town,  county or tribal government that a project is planned for its jurisdiction and,  before proceeding,  shall seek comment from the governing body of the city,  town,  county or tribal government or an official authorized by the governing body of the city,  town,  county or tribal government. The Arizona health care cost containment system administration shall not interfere with or attempt to override the local jurisdiction's planning,  zoning or land use regulations.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-3957 - Arizona department of housing program fund; purpose

41-3957.
Arizona department of housing program fund;  purpose
A. The Arizona department of housing program fund is established,  and the department shall administer the fund. The fund consists of monies deposited pursuant to sections 35-726,  35-728 and 41-3953,  other monies directed to be deposited in the fund and investment earnings on monies in the fund. On notice from the department,  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. All monies in the fund are designated as special state funds for all purposes of section 35-142.
B. Monies in the fund are continuously appropriated. The department shall use monies in the fund to pay the costs of administering the programs from which the deposits are received and for other department programs.
C. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-4002 - Office of manufactured housing; purpose

41-4002.
Office of manufactured housing;  purpose
The purpose of the office of manufactured housing within the department is to maintain and enforce standards of quality and safety for manufactured homes,  factory-built buildings,  mobile homes and accessory structures and installation of manufactured and mobile homes,  factory-built buildings and accessory structures. The affairs of the office of manufactured housing shall be conducted consistently with minimum standards of the United States department of housing and urban development so as to be designated the " state inspector"  for manufactured homes and related industries. The office shall implement all existing laws and regulations mandated by the federal government,  its agencies and this state for such purposes.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-4005 - Submission of construction, reconstruction or alteration plans by manufacturers; approval; revocation

41-4005.
Submission of construction,  reconstruction or alteration plans by manufacturers;  approval;  revocation
A. Before the construction of any new model of factory-built building,  each manufacturer who intends to manufacture for delivery or sell such unit in this state shall submit to the director for approval detailed plans of each model and shall have obtained such approval.
B. Before reconstruction of any factory-built building,  including those for which the director has not approved plans before construction,  the licensee shall submit to the director for approval detailed plans of the factory-built building that indicate conformance with this state's adopted codes as certified by an engineer who is registered pursuant to title 32,  chapter 1.
C. Before installation of a factory-built building or accessory structure,  each licensee who intends to accomplish the construction shall submit to the director for approval detailed plans for each project and shall obtain the director's approval.
D. The office or a third-party inspector who is authorized by the director to verify compliance with the approved plans shall inspect the factory-built building.
E. A plan approval may be immediately suspended by the written notice of the director if the director has reasonable cause to believe that the licensee is not complying with the plan as approved or that the licensee has used inferior materials or workmanship in construction. This notice shall be served by personal service to an in-state licensee and by certified mail to an out-of-state licensee. Service of process by certified mail is complete after forty-eight hours from the time of deposit in the mail.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-4006 - Preemption of local building codes; responsibility for maintenance of utility connections

41-4006.
Preemption of local building codes;  responsibility for maintenance of utility connections
A. No building code or local enforcement agency or its adopted building codes may require,  as a condition of entry into or sale in any county or municipality,  that any unit that has been certified pursuant to this chapter be subjected to any local enforcement inspection to determine compliance with any standard covering any aspect of the unit that is inspected pursuant to this article.
B. Except where a local enforcement agency participates in the office permit and certificate issuance program for the installation of manufactured homes,  mobile homes,  factory-built buildings and accessory structures and inspection of such installations,  no local enforcement agency shall subject any unit installed to any local inspections or charge a fee for any services provided pursuant to this article.
C. A local enforcement agency in any county or municipality shall recognize the minimum standards of the act as equal to any nationally accepted or locally adopted building code standard.
D. Nothing in subsection A,  B or C of this section shall prevent the application of local codes and ordinances governing zoning requirements,  fire zones,  building setback,  maximum area and fire separation requirements,  site development and property line requirements and requirements for on-site utility terminals for factory-built buildings,  manufactured homes and mobile homes.
E. Notwithstanding any other provision of this section,  the owner of a manufactured home or mobile home located in a park subject to title 33,  chapter 11 is responsible for the maintenance of utility connections from any outlets furnished by the landlord pursuant to section 33-1434 to the unit,  except that the landlord is responsible for the maintenance of connections for any distance greater than twenty-five feet to the point at which the utility connections are the property of the providing utility company if the outlet is located outside the lot line of the owner's unit and is more than twenty-five feet from the unit. A local enforcement agency that determines that local code requirements are not being met or that maintenance or safety activities are needed for utility connections may not require anyone except the responsible party to perform or pay for such activities.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-4007 - Notification and correction of defects by manufacturer; notice to purchaser

41-4007.
Notification and correction of defects by manufacturer;  notice to purchaser
A. Every manufacturer of units shall furnish notification of any defect in any unit produced by such manufacturer which he determines,  in good faith,  relates to a construction or safety standard adopted pursuant to this chapter or contains a defect which constitutes an imminent safety hazard to the purchaser of such unit,  within sixty days after such manufacturer has discovered the defect. Every manufacturer of units shall maintain a record of the names and addresses of the purchaser of each unit for the purposes of this section. Such information shall be provided by the dealer or broker upon purchase of each unit and reported monthly to the manufacturer.
B. The notification required by subsection A shall contain a clear description of such defect or failure to comply with such construction or safety standards,  an evaluation of the risk to the occupants' safety reasonably related to such defect and a statement of the measures needed to repair the defect. The notification shall also inform the owner whether the defect will be corrected at no cost to the purchaser of the unit or at the expense of the purchaser.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-4008 - Costs of complying with standards; reimbursement from relocation fund; definition

41-4008.
Costs of complying with standards;  reimbursement from relocation fund;  definition
A. The costs of bringing a mobile home into compliance with the requirements of this article may be reimbursed to the owner from the mobile home relocation fund established by section 33-1476.02 if all of the following are true:
1. The mobile home is moved from one mobile home park in this state to another mobile home park in this state.
2. The household income of the owner of the mobile home is at or below one hundred per cent of the current federal poverty level guidelines as published annually by the United States department of health and human services.
3. The mobile home is not being relocated as the result of a judgment in a forcible detainer or special detainer action requiring the owner to vacate the mobile home park in which the mobile home is located.
B. The amount of the reimbursement pursuant to this section shall not exceed one thousand five hundred dollars for the costs related to any mobile home.
C. The fund shall have a claim for reimbursement of sums received under this section by an individual who fails to reside in the mobile home for six months following its relocation,  unless the failure was due to the death or disability of a resident.
D. For the purposes of this section,  " owner"  means an individual whose primary residence has been the mobile home continuously for the six-month period preceding an application for reimbursement,  or an individual who has purchased the mobile home and who intends to reside in the mobile home as the individual's primary residence after the relocation.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-4009 - Board of manufactured housing; members; meetings

41-4009.
Board of manufactured housing;  members;  meetings
A. The board of manufactured housing is established. The board consists of the following nine members who are appointed by the governor pursuant to section 38-211:
1. One member who represents the manufacturers of manufactured homes.
2. One member who represents the installer industry.
3. One member who represents manufactured home park owners.
4. One member who represents financial institutions.
5. One member who represents the manufacturers of factory-built buildings.
6. One Member who represents the dealers and brokers.
7. Three members of the public,  at least one of whom has as his residence a mobile or manufactured home and is a resident of a mobile home park or manufactured home park,  who represent who the consumers of this state.
B. Each member shall be appointed for a term of three years. The governor may remove any member from the board for incompetency,  improper conduct,  disability or neglect of duty. Members are eligible to receive compensation pursuant to section 38-611 and are eligible for reimbursement for expenses incurred while attending meetings called by the board pursuant to title 38,  chapter 4,  article 2.
C. The board annually shall select from its membership a chairperson for the board.
D. The board shall meet on call of the chairperson or on the request of at least four members.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-4023 - General powers and duties

41-4023.
General powers and duties
The director shall appoint the deputy director who shall,  under the authority and direction of the director:
1. Establish licensing and regulation procedures in accordance with this article and issue certification documents for compliance with the licensing and bonding requirements of this article.
2. Issue certificates to indicate compliance with the construction and installation requirements of article 3 of this chapter.
3. Provide for investigative support,  enforcement,  penalty procedures,  hearings and rehearings in accordance with this chapter.
4. Establish field offices for the department as required.
5. Issue permits to licensees,  owners of units and other persons for the installation of manufactured homes,  mobile homes and factory-built buildings and the rehabilitation of mobile homes.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-4026 - Issuance of a license

41-4026.
Issuance of a license
A. On receipt by the director of the nonrefundable fee required by this article and an application furnishing complete information as required by the director and on the applicant taking and passing the applicable examination required by section 41-4025,  the director shall issue a conditional license to the applicant,  pending completion of the background analysis,  allowing the applicant to engage in business pursuant to this article for one year.
B. The agreement for conditional license does not prohibit the applicant from making a written demand for a hearing on the order of revocation pursuant to chapter 6,  article 10 of this title. Pending the hearing,  the applicant shall not continue to transact business under the conditional license.
C. Depending on the results of the background analysis,  the director may either revoke the conditional license or deem the license as granted without further condition.
D. License certificates issued pursuant to this article shall be signed by the director or the director's designated representative. The license is nontransferable and satisfactory evidence of the possession shall be exhibited by the licensee on demand. The license held by the licensee shall be posted in a conspicuous place on the premises where any business is being performed. The license number shall be written on any contract entered into by the licensee.
E. If an application for a license is denied or if the applicant fails to supply complete and correct required information within ninety days or fails to pass the required written examination within ninety days after filing or if an application for renewal is not completed by the expiration date or if any applicant requiring examination after having been notified by letter of the date to appear fails to appear for the examination within ninety days from the date of filing the application,  the fee paid by the applicant on filing the application is forfeited and the application is terminated. A reapplication for a license shall be accompanied by the fee prescribed by the director.
F. If,  before the issuance of the license,  information brought to the attention of the director concerning the qualifications of the applicant is such that in the director's discretion it may be proper to deny the license,  the director may notify the applicant that the license is denied and that the applicant may request in writing a hearing if the applicant so desires.
G. The licensee may not engage in the sale of units,  either new or used,  unless the licensee maintains an office where the records are available for inspection and the location is listed on the license application as the principal place of business.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-4028 - Exemptions

41-4028.
Exemptions
A. Any person who is engaged in installing manufactured homes,  mobile homes or accessory structures and who is licensed in an appropriate category by the registrar of contractors pursuant to title 32,  chapter 10,  article 2 is exempt only from the licensing requirements of this article.
B. The requirements of this chapter applicable to dealers do not apply to persons performing the following transactions:
1. A person who is licensed pursuant to title 32,  chapter 20 and who is engaged in activities proscribed by this chapter with respect to any of the following:
(a) New or used manufactured homes,  mobile homes or factory-built buildings if the manufactured home,  mobile home or factory-built building is listed in a contract for transfer of an interest in real property executed by its owner and is installed on the real property.
(b) New or used manufactured homes and mobile homes that are located in mobile home parks as defined in section 33-1409 if the person who is licensed pursuant to title 32,  chapter 20 is acting as an agent for a licensed manufactured housing dealer and the dealer is responsible for filing all of the required paperwork and submitting the required fees on the sale of the home pursuant to this chapter.
(c) Used manufactured homes and mobile homes that are located in mobile home parks as defined in section 33-1409 if the person who is licensed pursuant to title 32,  chapter 20 is acting on behalf of a private party and the real estate broker or real estate salesman remains subject to the real estate licensure requirements prescribed in title 32,  chapter 20.
(d) New manufactured homes if the person who is licensed pursuant to title 32,  chapter 20 is acting as an agent for a licensed manufactured housing dealer and the dealer is responsible for filing all of the required paperwork and submitting the required fees on the sale of the home pursuant to this chapter.
2. Receivers,  trustees,  administrators,  executors,  guardians or other persons who are appointed by or acting under the judgment of any court.
3. Public officers while performing their official duties.
4. Banks and other financial institutions,  and their subsidiaries,  and other corporations qualified to do business in this state,  if they are proceeding as repossessors or liquidators,  but only to the extent that they finance the sales transaction by which the repossessed property is liquidated or are a holder in due course with respect to the transaction.
5. A purchaser who sells not more than two factory-built buildings,  manufactured homes or mobile homes in any twelve-month period.
C. For the purposes of this section,  a manufactured home,  mobile home or factory-built building is used if it has been occupied for at least thirty consecutive days for its intended use or function by a bona fide homeowner,  renter or other end user.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-4030.01 - Trust and escrow requirements for dealers that are also owners of mobile home parks; rules

41-4030.01.
Trust and escrow requirements for dealers that are also owners of mobile home parks;  rules
A. The owner of a mobile home park that also is or that owns a dealership licensed pursuant to this article to sell units may sell a manufactured home,  mobile home or a factory-built building designed for use as a residential dwelling as a licensee if all of the following apply:
1. The home will be sited in a mobile home park that is owned by the park owner.
2. At the time of the sale,  the park owner has on file at the department the name and address of all mobile home parks owned by the park owner,  the name,  address and license number of the licensed dealership and documentation showing to the satisfaction of the department that the park owner either holds the license,  owns a majority interest in the license or is controlled by an entity that holds a controlling interest in the license.
3. At the time of the sale,  the licensed dealership has posted with the department a dealer bond in an amount of at least $150, 000 in a form satisfactory to the department covering sales by parks sharing common control.
4. At the time of the sale,  the dealer shall either maintain a licensee's trust account or open an escrow account with an independent financial institution or escrow agent located in this state. The licensee shall deposit all earnest monies received for the sale of manufactured homes,  mobile homes or factory-built buildings designed for use as residential dwellings in the trust or escrow account. The department shall conduct an audit of each dealer's trust or escrow account,  including any transactions with an independent escrow account,  at least once every two years. The purchaser of the manufactured home,  mobile home or factory-built building designed for use as a residential dwelling may make a written request that the dealer establish an independent escrow account and if such a request is received by the dealer no later than the time the purchase contract is signed and the seller consents,  the dealer shall comply with the request. A licensee that handles a transaction under this paragraph shall disclose to the purchaser,  in writing and before or at the time the purchaser signs the purchase contract,  that the purchaser may request in writing the use of an independent escrow account and that the transaction will otherwise be handled through a trust account controlled by the licensee.
B. For the purposes of this section,  a financial institution or escrow agent is independent if the individual or entity is not controlled by the licensee,  a family member of the licensee or a business affiliated with the licensee and the licensee,  family member or business affiliate does not have a majority interest in the financial institution or escrow agent.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-4031 - Complaints; citation; failure to respond

41-4031.
Complaints;  citation;  failure to respond
A. The department shall issue a citation on failure to respond or on the verified written complaint of a purchaser pursuant to section 41-4004,  subsection A,  paragraph 9 and shall issue a citation directing the licensee,  within ten days after service of the citation on the licensee,  to appear by filing with the department a verified answer to the complaint showing cause why the license should not be revoked or suspended. The director,  after conducting an investigation pursuant to section 41-4039,  may issue a citation on the director's own initiative.
B. Failure of the licensee to answer shall be deemed an admission by the licensee of the cited complaint or failure to respond as charged in the citation,  and the department may suspend or revoke such license without a hearing.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-4032 - Cosmetic complaints; process; walk-through; definition

41-4032.
Cosmetic complaints;  process;  walk-through;  definition
A. Notwithstanding sections 41-4004 and 41-4031,  a purchaser of a new manufactured home shall file a complaint concerning cosmetic,  superficial or minor matters relating to the manufactured home no more than one hundred twenty days after the date of installation or the designated cosmetic complaint date prescribed in section 41-4033.
B. The director shall not process or verify a complaint described in subsection A of this section if the complaint is filed more than one hundred twenty days after the date of installation or the designated cosmetic complaint date prescribed in section 41-4033,  unless the director finds,  after written notice to the interested parties,  that the complaint involves major or structural matters relating to the manufactured home.
C. The board shall adopt rules establishing procedures for complaints filed pursuant to this section,  including rules for determining the date of installation of a new manufactured home.
D. This section does not apply if,  within thirty days after the date of installation or the designated cosmetic complaint date prescribed in section 41-4033,  the manufacturer or dealer of the new manufactured home has not conducted a walk-through of the home with the purchaser or the purchaser's representative and has not completed a walk-through checklist on a form approved by the board. The walk-through checklist form shall contain a notice to the purchaser,  located immediately above the signature lines and in bold print,  advising the purchaser that all cosmetic,  superficial or minor matters found during the walk-through should be listed on the form and that the complaint filing period for cosmetic,  superficial or minor matters is one hundred twenty days from either the date of installation of the home or the designated cosmetic complaint date prescribed in section 41-4033.
E. For the purposes of this section,  " cosmetic,  superficial or minor matters"  means any defect or condition that renders a part of the home not fit for its intended,  expected or ordinary use or appearance,  including defects or conditions that involve the appearance of the home's structural,  electrical,  plumbing,  mechanical or gas systems. Cosmetic,  superficial or minor matters do not include defects or conditions involving the performance of the home's structural,  electrical,  plumbing,  mechanical or gas systems.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-4033 - Purchaser designation; cosmetic complaint date

41-4033.
Purchaser designation;  cosmetic complaint date
A. At the time of execution of the purchase contract a purchaser of a new manufactured home may designate the beginning date for the one hundred twenty day cosmetic complaint period.
B. The purchaser may not take possession of the home or move into the home before the designated beginning date for the cosmetic complaint period unless the dealer consents in writing.
C. The purchaser may change the designated beginning date for the cosmetic complaint period by sending a written notice by certified mail to the dealer who is listed on the purchase contract. The purchaser shall mail the written notice before the designated beginning date.
D. If the purchaser designates a beginning date for the cosmetic complaint period,  the dealer may schedule the walk-through pursuant to section 41-4032 at any time within thirty days after the designated beginning date. The dealer shall notify the purchaser by certified mail of the scheduled walk-through date.
E. If a dealer uses a form of purchase contract that does not notify the customer of the right to designate a cosmetic complaint date and does not include a space for this designation,  the one hundred twenty day complaint period prescribed in section 41-4032 does not begin until the purchaser physically occupies the home with the purpose of residing in the home for more than thirty days.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-4034 - Drywall cracks; repair process; supplied paint

41-4034.
Drywall cracks;  repair process;  supplied paint
A. Drywall cracks that are a result of structural problems are not cosmetic,  superficial or minor matters as defined in section 41-4032. Drywall cracks may be addressed in conjunction with the correction of the structural problem.
B. Drywall cracks that are not the result of structural problems are considered cosmetic,  superficial or minor matters as defined in section 41-4032. Drywall cracks that are found during the walk-through may be included in the cosmetic complaint process and repaired by the dealer or manufacturer at the same time as all other cosmetic complaints. The purchaser may seek repair of or may complain about additional drywall cracks once before the end of the twelve month regular complaint period,  and the dealer or manufacturer shall make one repair.
C. At the time of installation or at the time of the walk-through,  the dealer or manufacturer shall supply the purchaser with two gallons of paint to match each interior color from the manufacturer's order.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-4035 - Walk-through and complaint process

41-4035.
Walk-through and complaint process
A. The purchaser and the dealer or manufacturer of the manufactured home shall schedule the walk-through pursuant to section 41-4032 by mutual agreement to the greatest extent possible. If the parties do not agree,  the dealer or manufacturer may schedule the walk-through between fifteen and thirty days after the date of installation. The dealer or manufacturer shall notify the purchaser by certified mail of the time of the walk-through.
B. If a dealer or manufacturer schedules a walk-through without mutual agreement with the purchaser or pursuant to section 41-4033,  the purchaser and the dealer or manufacturer may mutually agree to a revised date before the scheduled date. The revised date shall be no more than sixty days after the date of installation or the designated beginning date for the cosmetic complaint period.
C. If a purchaser or the purchaser's representative fails or refuses to attend a scheduled walk-through,  the dealer or manufacturer shall note the purchaser's failure to attend on the checklist form and proceed with the walk-through. The dealer or manufacturer shall send a copy of the completed checklist form by certified mail to the purchaser within five business days after the walk-through date.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-4036 - Repairs; complaints

41-4036.
Repairs;  complaints
A. Within ninety days after the end of the cosmetic complaint period the dealer or manufacturer shall repair or replace cosmetic,  superficial or minor matters discovered on the walk-through unless an item necessary for the repair or replacement is unavailable and written notice of that fact is provided to the purchaser.
B. For cosmetic,  superficial or minor matters found after the walk-through and before the one hundred twenty-day deadline,  the purchaser shall notify the dealer in writing before a complaint may be filed,  except if there are extenuating circumstances,  such as serious illness,  incapacity or death. The dealer or manufacturer shall replace or repair these items within ninety days after the end of the cosmetic complaint period.
C. The board shall adopt rules establishing procedures for scheduling repair and replacement of complaint items.
D. The purchaser may file a complaint with the department on matters covered by this section if the complaint is filed within the twelve-month period prescribed by sections 41-4004 and 41-4031 and the licensee failed to repair or replace the items within the repair and replacement period or the repair or replacement does not comply with adopted codes or workmanship standards.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-4037 - Hearing; representation

41-4037.
Hearing;  representation
In a hearing conducted pursuant to this article,  a corporation may be represented by a corporate officer or employee who is not a member of the state bar if:
1. The corporation 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 corporation but is secondary or incidental to the officer's or employee's duties relating to the management or operation of the corporation.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-4038 - Rehearing

41-4038.
Rehearing
A. Any party may apply for a rehearing by filing with the director a motion pursuant to chapter 6,  article 10 of this title.
B. The filing of a motion for rehearing shall suspend the operation of the administrative law judge's action,  except for an action which upholds a cease and desist order,  and permits the licensee or the person who was issued a citation to continue to do business pending denial or granting of the petition. If the motion is granted,  the administrative law judge's action is suspended pending the decision of the director upon the rehearing.
C. In the order granting or denying a rehearing,  the director shall include a statement of the particular grounds and reasons for the director's action on the petition and shall promptly mail a copy of the order to the parties who have appeared in support of or in opposition to the petition for rehearing. If a rehearing is granted,  the administrative law judge shall set the matter for further hearing on due notice to the parties. After submission of the matter upon rehearing,  the administrative law judge shall render a decision in writing and give notice of the decision in the same manner as of a decision rendered upon an original hearing.
D. A rehearing may be granted for any of the following reasons materially affecting the moving party's rights:
1. Irregularity in the proceedings before the director,  or any order or abuse of discretion which deprived the moving party of a fair hearing.
2. Misconduct by the director,  the director's employees or the administrative law judge.
3. Accident or surprise that could not have been prevented by ordinary prudence.
4. Newly discovered material evidence that could not with reasonable diligence have been discovered and produced at the original hearing.
5. Excessive or insufficient penalties.
6. Error in the admission or rejection of evidence or other errors of law occurring at the hearing.
7. That the decision is not justified by the evidence or is contrary to law.
E. If an order denying a rehearing or a decision given upon a rehearing results in immediate suspension or revocation of a license,  then operation of such order or decision shall be suspended until ten days after service of notice of the suspension or revocation.
F. In a rehearing pursuant to this section,  a corporation may be represented by a corporate officer or employee who is not a member of the state bar if:
1. The corporation 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 corporation but is secondary or incidental to the officer's or employee's duties relating to the management or operation of the corporation.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-4040 - Reports by dealers to department of revenue and county assessor

41-4040.
Reports by dealers to department of revenue and county assessor
A. Every dealer who acquires or sells a previously titled manufactured home or mobile home,  as defined in section 42-19151,  shall submit a written report of all such acquisitions and sales to the department of revenue and to the county assessor of the county where such dealer is located. Such report shall be submitted by the fifteenth day of each month for the period of the previous calendar month and shall include:
1. The manufacturer,  brand name or model,  size,  factory list price,  total selling price and serial number of such manufactured home or mobile home.
2. The name and address of the person from whom such manufactured home or mobile home was acquired and the last previous location of such manufactured home or mobile home.
3. The name and address of the person to whom such manufactured home or mobile home was sold.
4. The new location of such manufactured home or mobile home if such location is known to the dealer.
B. Every dealer shall comply with the reporting provisions of this section. The information required in subsection A of this section shall be forwarded by dealers of manufactured homes and factory-built buildings to the department by the fifteenth day of the month after the reporting period or a statement that no sales have occurred for that month.
C. Each dealer of manufactured homes shall also make and maintain the records and make the reports required pursuant to this article.
D. Before the sale of a manufactured home each dealer shall convey notice in writing to the prospective buyer that the utility service facilities for manufactured home spaces are not standardized and compatibility between a chosen manufactured home space and a manufactured home to be purchased is the buyer's responsibility. Before the sale of a used manufactured home each dealer shall notify the prospective buyer in writing of the existence and amount of any tax lien on record against the unit.
E. The dealer shall provide a notification form to the buyer,  as approved by the board,  part of which shall contain the buyer's signature and other information to be completed by the dealer that when forwarded to the department constitutes compliance with the reporting requirements of subsection B of this section.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-4041 - Consumer recovery fund

41-4041.
Consumer recovery fund
A. The consumer recovery fund is established. The director shall administer the fund.
B. On notice from the director,  the state treasurer shall invest and divest monies in the fund as provided by section 35-313,  and monies earned from investment shall be credited to the fund.
C. The monies earned from investment may be used for the same purposes as all other monies deposited in the fund.
D. Recovery from the consumer recovery fund is limited to actual or compensatory damages,  including costs but excluding interest or attorney fees.
E. Recovery from the consumer recovery fund is not limited by the consumer's right,  if any,  to also claim against a holder of a retail sales contract or promissory note that is secured by the property that is the subject matter of the claim.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-4042 - Funding and assessments

41-4042.
Funding and assessments
A. A dealer of manufactured homes,  mobile homes or factory-built buildings designed for use as residential dwellings shall pay,  in addition to the license or renewal fee,  a fee established by the director of not to exceed $50 for each unit that is sold and that is subject to section 41-4030,  subsection C,  for deposit into the consumer recovery fund. The fee is payable to the department by the fifteenth day of the month following the month in which the sale is consummated.
B. Chapter 6 of this title does not apply to the setting of fees under this section.
C. An amount not to exceed seventy-five percent of the previous fiscal year's interest earned on the consumer recovery fund may be expended by the director,  with the approval of the board. The expenditure shall be used for consumer and licensee education in connection with the manufactured housing and factory-built building industry,  and all monies up to a maximum of $50, 000 remaining unexpended and unencumbered at the end of each fiscal year may be used for consumer and licensee education in succeeding fiscal years and do not revert to the consumer recovery fund.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-4044 - False statement; violation; classification

41-4044.
False statement;  violation;  classification
A person or the person's agent who knowingly files with the director any notice,  statement or other document required under section 41-4042 or 41-4043 that is false or untrue or contains any material misstatement of fact is guilty of a class 2 misdemeanor.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-4047 - Unlawful acts

41-4047.
Unlawful acts
It is unlawful for any person to:
1. Manufacture manufactured homes or factory-built buildings in this state or for delivery or sale in this state unless such person is licensed as a manufacturer by the department.
2. Engage in the business of installing manufactured homes,  mobile homes or accessory structures unless such person is licensed as an installer by the department.
3. Engage in the business of a salesperson of manufactured homes,  mobile homes or factory-built buildings unless the person is licensed as a salesperson by the department.
4. Engage in the business of contracting to sell any new or used unit regulated by this article or otherwise act in the capacity of a dealer or broker unless such person is licensed as a dealer or broker by the department.
5. Make alterations to or reconstruct any manufactured homes or factory-built buildings unless such person is licensed or certified.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-4062 - Hearing; rights and procedures; definitions

41-4062.
Hearing;  rights and procedures;  definitions
A. A person that is subject to title 33,  chapter 11 or a party to a rental agreement entered into pursuant to title 33,  chapter 11 may petition the department for a hearing concerning violations of the Arizona mobile home parks residential landlord and tenant act by filing a petition with the department and paying a nonrefundable filing fee in an amount to be established by the director. All monies collected shall be deposited in the Arizona department of housing program fund established by section 41-3957 and are not refundable.
B. The petition shall be in writing on a form approved by the department,  list the complaints,  be signed by or on behalf of the persons filing and include their addresses,  state that a hearing is desired and be filed with the department.
C. On receipt of the petition and the filing fee,  the department shall mail to the named respondent by certified mail a copy of the petition along with notice that a response showing cause,  if any,  why the petition should be dismissed is required within twenty days after mailing of the petition.
D. After receiving the response,  the director or the director's designee shall promptly review the petition for hearing and,  if justified,  refer the petition to the office of administrative hearings. The director may dismiss a petition for hearing if it appears to the director's satisfaction that the disputed issue or issues have been resolved by the parties.
E. Failure of the respondent to answer is deemed an admission of the allegations made in the petition,  and the director shall issue a default decision.
F. Informal disposition may be made of any contested case.
G. Either party or the party's authorized agent may inspect any file of the department that pertains to the hearing if the authorization is filed in writing with the department.
H. At a hearing conducted pursuant to this section,  a corporation may be represented by a corporate officer,  employee or contractor of the corporation who is not a member of the state bar if:
1. The corporation has specifically authorized the officer,  employee or contractor of the corporation to represent it.
2. The representation is not the officer's,  employee's or contractor of the corporation's primary duty to the corporation but is secondary or incidental to the officer's,  employee's or contractor of the corporation's,  limited liability company's,  limited liability partnership's,  sole proprietor's or other lawfully formed and operating entity's duties relating to the management or operation of the corporation.
I. For the purposes of this section:
1. " Department"  means the Arizona department of housing.
2. " Director"  means the director of the department.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-4063 - Orders; penalties; disposition

41-4063.
Orders;  penalties;  disposition
A. The administrative law judge may order any party to abide by the statute or contract provision at issue and may levy a civil penalty on the basis of each violation. For the purposes of actions brought under the Arizona mobile home parks residential landlord and tenant act,  the civil penalty may not exceed five hundred dollars. All monies collected pursuant to this article shall be deposited in the state general fund to be used to offset the cost of administering the administrative law judge function. If the petitioner prevails,  the administrative law judge shall order the respondent to pay to the petitioner the filing fee required by section 41-4062.
B. The order issued by the administrative law judge is binding on the parties unless a rehearing is granted pursuant to section 41-4065 based on a petition setting forth the reasons for the request for rehearing,  in which case the order issued at the conclusion of the rehearing is binding on the parties. The order issued by the administrative law judge is enforceable through contempt of court proceedings and is subject to judicial review as prescribed by section 41-1092.08.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-4064 - Scope of hearing

41-4064.
Scope of hearing
A. The administrative law judge may hear and adjudicate all matters relating to the Arizona mobile home parks residential landlord and tenant act and rules adopted pursuant to this article,  except that the administrative law judge shall not hear matters pertaining to rental increases pursuant to section 33-1413,  subsection G or I.
B. This section does not limit the jurisdiction of the courts of this state to hear and decide matters pursuant to the Arizona mobile home parks residential landlord and tenant act.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-4065 - Rehearing; appeal; definition

41-4065.
Rehearing;  appeal;  definition
A. A person aggrieved by a decision of the administrative law judge may apply for a rehearing by filing with the director a petition in writing pursuant to section 41-1092.09. Within ten days after filing such petition,  the director shall serve notice of the request on the other party by mailing a copy of the petition in the manner prescribed in section 41-4062 for notice of hearing.
B. The filing of a petition for rehearing temporarily suspends the operation of the administrative law judge's action. If the petition is granted,  the administrative law judge's action is suspended pending the decision on the rehearing.
C. In the order granting or denying a rehearing,  the director shall include a statement of the particular grounds and reasons for the director's action on the petition and shall promptly mail a copy of the order to the parties who have appeared in support of or in opposition to the petition for rehearing.
D. In a rehearing conducted pursuant to this section,  a corporation may be represented by a corporate officer or employee who is not a member of the state bar if:
1. The corporation has specifically authorized such officer or employee to represent it.
2. Such representation is not the officer's or employee's primary duty to the corporation but is secondary or incidental to such officer's or employee's duties relating to the management or operation of the corporation.
E. For the purposes of this section,  " director"  means the director of the Arizona department of housing.