reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4456 - Hearing on objection; appeal

28-4456.
Hearing on objection;  appeal
A. If a timely objection has been filed and,  if the objection is to the establishment of a new motor vehicle dealership,  the objection meets both of the reasons prescribed by section 28-4454,  subsection B,  the director shall:
1. Enter an order fixing the time and place of a hearing on the objection. The hearing shall be held within seventy-five days after the date of the order.
2. Send by certified mail with return receipt requested a copy of the order to the same persons entitled to receive a copy of the notice provided for in section 28-4453.
3. Appoint a member of the Arizona state bar who shall be designated as an administrative law judge to conduct the hearing and who shall be compensated under a contractual relationship.
B. Prehearing discovery shall be conducted pursuant to the Arizona rules of civil procedure.
C. At the hearing the franchisor has the burden of proof to establish that good cause exists to terminate or not renew the franchise. If there is an objection to the establishment of a new motor vehicle dealership,  the administrative law judge shall determine that good cause does or does not exist to establish the proposed dealership.
D. Evidence that would be admissible under the issues in such an action in a state or federal court is admissible in a hearing held by the administrative law judge. The administrative law judge shall reasonably apportion all costs between the parties,  including compensation for the administrative law judge's services.
E. The administrative law judge may:
1. Issue subpoenas.
2. Administer oaths.
3. Compel the attendance of witnesses and the production of books,  papers,  documents and all other evidence.
4. Apply to the superior court in the county in which the hearing is held for a court order enforcing this article.
F. A transcript of the testimony of all witnesses taken at the hearing shall be made and preserved. Within forty-five days after the hearing the administrative law judge shall make written findings of fact and conclusions and enter a final order.
G. A party to the hearing before the administrative law judge may appeal pursuant to title 12,  chapter 7,  article 6. An appeal of a decision of an administrative law judge has preference over other civil matters and shall be heard at the earliest practicable date.
H. As a condition to the appeal,  the appealing party shall file a cash bond,  supersedeas bond or its equivalent with the director. The bond shall be sufficient in amount to cover the damages incurred by the prevailing party,  but the amount of the bond shall not exceed the lesser of fifty thousand dollars or ten per cent of the appealing party's net worth. The party may file alternatives to cash such as certificates of deposit purchased from a financial institution licensed to do business in this state or bonds of the United States government.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4459 - Manufacturer or distributor right of first refusal

28-4459.
Manufacturer or distributor right of first refusal
If a change of all,  or substantially all,  ownership of a new motor vehicle dealership or transfer of all,  or substantially all,  dealership assets is proposed,  a manufacturer or distributor may exercise a right of first refusal to acquire the dealership if all of the following requirements are met:
1. The manufacturer or distributor notifies the dealer in writing within sixty days after receipt of the completed application forms and related information generally used by a manufacturer or distributor to conduct its review and a copy of all agreements regarding the proposed transfer of its intent to exercise its right of first refusal or its rejection of the proposed transfer. If the manufacturer or distributor fails to notify the dealer of its exercise of its right of first refusal or its rejection of the proposed transfer within the sixty day period,  the proposed transfer is deemed to be approved by the manufacturer or distributor.
2. The exercise of the right of first refusal results in the dealer receiving the same or greater compensation than the dealer negotiated or contracted to receive in connection with the proposed change of all,  or substantially all,  ownership of the dealership or transfer of all,  or substantially all,  dealership assets.
3. The proposed change of all,  or substantially all,  dealership assets does not involve the transfer of assets or the transfer or issuance of stock by the dealer or one or more dealer owners to a designated family member or members or the spouse,  child,  grandchild,  spouse of a child or grandchild,  brother,  sister or parent of the dealer or one or more dealer owners or to a qualified manager,  a partnership or a corporation controlled by any of those persons.
4. The manufacturer or distributor agrees to pay the reasonable expenses,  including reasonable attorney fees that do not exceed the usual,  customary and reasonable fees charged for similar work done for other clients,  incurred by the proposed new owner and transferee before the manufacturer's or distributor's exercise of its right of first refusal in negotiating and implementing the contract for the proposed change of all,  or substantially all,  ownership of the dealership or transfer of all,  or substantially all,  dealership assets. Notwithstanding the provisions of this paragraph,  a manufacturer or distributor shall not pay those expenses and attorney fees if the dealer has not submitted or caused to be submitted to the manufacturer or distributor an accounting of those expenses within twenty days after the dealers' receipt of the manufacturer's or distributor's written request for the accounting. This accounting may be requested by a manufacturer or distributor before exercising its right of first refusal.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4461 - Right of designated family member to succeed in ownership

28-4461.
Right of designated family member to succeed in ownership
A. Any owner of a new motor vehicle dealer may appoint by will or any other written instrument that is approved by the manufacturer a designated family member to succeed in the ownership interest of the owner of the new motor vehicle dealer.
B. Unless there is good cause for refusal to honor succession on the part of the manufacturer,  any designated family member of a deceased or incapacitated owner of a new motor vehicle dealer may succeed to the ownership interest of the owner of the new motor vehicle dealer under the existing franchise if both of the following apply:
1. The designated family member gives the manufacturer written notice of the family member's intention to succeed to the ownership interest of the owner of the new motor vehicle dealer within ninety days after the owner's death or incapacity.
2. The designated family member agrees to be bound by all terms and conditions of the franchise.
C. The manufacturer may request,  and a designated family member shall provide within forty-five days after the manufacturer's request,  personal financial and business experience data that are reasonably necessary to determine whether the succession should be honored.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4462 - Refusal to honor succession to ownership; notice required

28-4462.
Refusal to honor succession to ownership;  notice required
A. If a manufacturer believes that good cause exists for refusing to honor the succession to ownership interest of the owner of a new motor vehicle dealer by a family member of a deceased or incapacitated owner of a new motor vehicle dealer under the existing franchise agreement,  the manufacturer,  not more than sixty days after the receipt of either the notice that is prescribed by section 28-4461,  subsection B or any personal or financial data that the manufacturer has requested pursuant to section 28-4461,  whichever is received later,  may serve on the designated family member notice of its refusal to honor the succession and of its intent to discontinue the existing franchise with the dealer no sooner than one hundred twenty days after the notice is served.
B. The notice of refusal and discontinuance must state the specific grounds for the refusal to honor the succession and of the manufacturer's intent to discontinue the existing franchise with the new motor vehicle dealer no sooner than one hundred twenty days after the notice is served.
C. If the notice of refusal and discontinuance is not timely served on the designated family member,  the franchise shall continue in effect subject to termination only as otherwise permitted by this chapter.
D. If there is a conflict between the written instrument filed by the motor vehicle dealer with the manufacturer designating a certain person as the motor vehicle dealer's successor and this section,  the written instrument filed with the manufacturer governs.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4463 - Burden of proof and consideration

28-4463.
Burden of proof and consideration
In determining whether good cause for the refusal to honor the succession exists,  the manufacturer:
1. Has the burden of proving that the successor is a person who is not of good moral character or does not meet the franchisor's existing and reasonable standards,  including financial standards.
2. Must consider the volume of sales and service of the new motor vehicle dealer using uniformly applied minimum business experience standards in the market area.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4491 - Enforcement powers

28-4491.
Enforcement powers
Notwithstanding sections 28-4494 and 28-4495,  in the enforcement of any law pertaining to licensed or unlicensed dealers or automotive recyclers,  the director may conduct hearings pursuant to title 41,  chapter 6,  article 6,  take testimony and conduct investigations as the director deems necessary.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4493 - Cancellation or suspension; grounds

28-4493.
Cancellation or suspension;  grounds
A. The director may suspend or cancel the license,  off-premises exhibition permit,  off-premises display and sales permit or special event permit of any licensee or exhibitor if the director determines that the licensee or exhibitor:
1. Has made a material misrepresentation or misstatement in the licensee's or exhibitor's application for a license,  off-premises exhibition permit,  off-premises display and sales permit or special event permit.
2. Has used or is using any false advertising as prescribed by section 13-2203.
3. Has violated or is violating a law of this state or a rule adopted by the director pursuant to law.
4. Has failed or is failing to keep and maintain records required to be kept and maintained by the licensee or exhibitor.
5. Has no established place of business or principal place of business as required by this chapter.
6. Has knowingly dealt in stolen motor vehicles or parts or accessories of stolen motor vehicles.
7. Has failed or is failing or the licensee's or exhibitor's manager,  agents or representatives have failed or are failing to devote a substantial portion of time to the business for which the licensee or exhibitor is licensed or to be actively or principally engaged in the business for which the licensee or exhibitor is licensed.
8. Has refused to service and fulfill the manufacturer's warranty.
9. Is offering for private sale a motor vehicle in the licensee's or exhibitor's inventory.
10. Has used or is using a private residence to illegally transact business regulated by this chapter.
11. As a manufacturer,  factory branch,  distributor,  field representative,  officer or agent or any representative of a manufacturer,  factory branch,  distributor,  field representative,  officer or agent without good cause has cancelled or failed to renew the franchise of a new motor vehicle dealer. All existing dealers' franchises continue in full force and operation under a newly appointed distributor on the termination of an existing distributor unless otherwise mutually agreed by the newly appointed distributor and the dealer.
B. The director may suspend or cancel a license if the director determines that an individual included in the application for the license:
1. Made a misrepresentation,  omission or misstatement in the application to conceal a matter that may cause the application to be denied.
2. Has been convicted of fraud or an auto related felony in a state,  territory or possession of the United States or a foreign country within the past ten years immediately preceding the date a criminal records check is complete.
3. Has been convicted of a felony,  other than a felony described in paragraph 2 of this subsection,  in a state,  territory or possession of the United States or a foreign country within the past five years immediately preceding the date a criminal records check is complete.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4494 - License suspension or cancellation; hearing

28-4494.
License suspension or cancellation;  hearing
A. On determining that grounds for suspension or cancellation of a license exist,  the director shall give notice of the grounds to the licensee in writing and by the notice shall require the licensee to appear before the director at a specified time and place to show cause why the licensee's license should not be suspended or cancelled.
B. At the time and place fixed by the director and at least ten days after the notice,  the licensee shall appear and be heard and may have other persons the licensee desires be present and testify at the hearing.
C. The director shall issue subpoenas to persons as the licensee requests that require them to be present and testify at the hearing. A transcript of the testimony of witnesses taken at the hearing shall be made and preserved.
D. Within ten days after the hearing,  the director shall make written findings of fact and conclusions and by order either shall suspend or cancel or decline to suspend or cancel the license.
E. If the license is subject to suspension or cancellation for a violation of section 28-4493,  subsection A,  paragraph 11,  the suspension or cancellation is effective for not more than two years and is effective only in the territory formerly served by the unfairly cancelled dealer,  except that in a metropolitan area served by several dealers enfranchised to sell the same make of new motor vehicles,  the suspension or cancellation order does not affect the relationship of the manufacturer with the remaining dealers in the area.
F. If the license is subject to suspension or cancellation for a second violation of section 28-4493,  subsection A,  paragraph 9,  the suspension or cancellation is effective for five years.
G. The director may suspend or cancel the license of a licensee,  after providing at least thirty days' written notice to the licensee,  if any of the following occurs:
1. A bond furnished by a licensee pursuant to this chapter is insufficient and the licensee fails to provide any additional or other bond as required by the director.
2. The surety on a bond furnished by a licensee pursuant to this chapter requests to be released and discharged and the licensee fails to provide any additional or other bond as required by the director.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4495 - Permits; cancellation; cease and desist order; hearing

28-4495.
Permits;  cancellation;  cease and desist order;  hearing
A. Notwithstanding any other law,  if the licensee or exhibitor is conducting an off-premises exhibition,  off-premises display and sale or special event pursuant to a permit granted under section 28-4401,  on determining that grounds for cancellation of an off-premises exhibition permit,  off-premises display and sales permit or a special event permit exist,  the director may issue a cease and desist order and notice of cancellation of the permit to the licensee or exhibitor.
B. If the director determines that the licensee or exhibitor has failed to obtain a permit authorized under section 28-4401 for an off-premises exhibition,  off-premises display and sale or special event,  the director may issue a cease and desist order and may suspend the privilege of obtaining subsequent off-premises exhibition permits,  off-premises display and sales permits and special event permits for the licensee or exhibitor for a period of one year from the date of suspension.
C. A licensee or exhibitor whose off-premises exhibition permit,  off-premises display and sales permit or special event permit privileges are canceled or suspended may request a hearing to show cause why the permit privileges should not be canceled or suspended. At the time and place fixed by the director,  the licensee or exhibitor shall appear and be heard. Other persons the licensee or exhibitor desires may be present and may testify at the hearing.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4496 - Licensed dealer or automotive recycler; hearing; civil penalty

28-4496.
Licensed dealer or automotive recycler;  hearing;  civil penalty
A. Notwithstanding section 28-4495,  the director may conduct a hearing pursuant to section 28-4491 if the director alleges that a licensed motor vehicle dealer or automotive recycler refuses or fails to comply with a cease and desist order issued pursuant to section 28-4498.
B. The director shall conduct a hearing pursuant to section 28-4491 if the director alleges that a licensed motor vehicle dealer has violated section 28-4493,  subsection A,  paragraph 9.
C. The director shall hold the hearing at least fifteen but not more than thirty days after service of a written notice. The director shall send the notice by personal delivery or certified mail to the address provided to the department in the report alleging the noncompliance.
D. A finding that a licensed motor vehicle dealer or automotive recycler is in violation of this chapter requires that all of the following conditions exist,  and the scope of the hearing is limited to the following:
1. A determination that the person refuses or fails to comply with the requirements of section 28-4498.
2. A determination that the person ordered to appear at the hearing is responsible for the violation.
E. If after reviewing the allegations and results of the hearing the director determines that the licensed motor vehicle dealer or automotive recycler is in violation of this chapter,  the director may impose the civil penalty pursuant to section 28-4501.
F. After consideration of the evidence presented at the hearing,  the director shall serve notice of the director's finding and order within five days after the hearing.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4497 - Action to restrain violation by licensee

28-4497.
Action to restrain violation by licensee
If the director has reasonable cause to believe that a licensee has violated or is violating any law of this state that the director enforces or administers or has violated or is violating a rule or order adopted or issued by the director pursuant to law,  in addition to any remedies existing under this chapter or otherwise,  the director may bring and maintain,  in the name and on behalf of this state,  an action in the superior court in Maricopa county against a licensee to restrain or enjoin the licensee from continuing the violation. In the action,  the court shall proceed as in other actions for injunction.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4498 - Licensed dealer and automotive recycler; cease and desist order; request for hearing

28-4498.
Licensed dealer and automotive recycler;  cease and desist order;  request for hearing
A. If the director has reasonable cause to believe from an investigation made by the director that a licensed motor vehicle dealer or automotive recycler has violated or is violating a law of this state or rule adopted by the department,  the director may immediately issue and serve on the licensee by personal delivery or first class mail at the business address of record a cease and desist order requiring the licensee to immediately cease and desist from further engaging in the business or the prohibited activity,  or both,  on the receipt of the notice. A licensee who receives a cease and desist order may submit a written request for a hearing to the director. The licensee shall submit the request for a hearing within thirty days after the licensee receives the cease and desist order. On failure of a licensee to comply with the order or after a requested hearing,  the director may suspend or cancel the licensee's license or permit pursuant to section 28-4493 and section 28-4494 or 28-4495 or may take action pursuant to section 28-4496.
B. If the director conducts an investigation and has reasonable cause to believe that a licensed motor vehicle dealer is in violation of section 28-4493,  subsection A,  paragraph 9,  the director may immediately issue and serve on the licensee by personal delivery or first class mail at the business address of record a cease and desist order requiring the licensee to immediately cease and desist from further engaging in the business or the prohibited activity,  or both,  on the receipt of the notice. The director shall notify the licensee that a hearing will be conducted and that civil penalties may be imposed pursuant to section 28-4501. On failure of a licensee to comply with the order or after a hearing,  the director may suspend or cancel the licensee's license or permit pursuant to section 28-4493 and section 28-4494 or 28-4495 or may take action pursuant to section 28-4496.
C. The director of the department of transportation shall provide a copy of any cease and desist order issued pursuant to this section to the director of the department of revenue.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4499 - Unlicensed dealer and automotive recycler; cease and desist order; hearing

28-4499.
Unlicensed dealer and automotive recycler;  cease and desist order;  hearing
A. If the director has reasonable cause to believe from information furnished to the director or from an investigation made by the director that a person is engaged in a business regulated by this chapter without being licensed as required by law,  the director shall immediately issue and serve on the person by personal delivery or first class mail at the person's last known address a cease and desist order requiring the person to immediately cease and desist from further engaging in the business and shall notify the person that a hearing will be scheduled and that civil penalties may be imposed pursuant to section 28-4501.
B. The director of the department of transportation shall provide a copy of the cease and desist order to the director of the department of revenue.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4500 - Unlicensed dealer and automotive recycler; hearing; civil penalty; suspension of motor vehicle registrations; reinstatement fee

28-4500.
Unlicensed dealer and automotive recycler;  hearing;  civil penalty;  suspension of motor vehicle registrations;  reinstatement fee
A. The director shall conduct a hearing pursuant to section 28-4491 if an officer authorized to enforce this chapter alleges that a person refuses or fails to comply with a cease and desist order issued pursuant to section 28-4499.
B. The director shall hold the hearing at least fifteen but not more than thirty days after receipt of either of the following:
1. A written request for a hearing.
2. A written notice of hearing as prescribed by section 28-4498 or 28-4499.
C. A finding that a person is in violation of the dealer or automotive recycler licensing requirements of this chapter requires that the person appearing at the hearing is responsible for the violation.
D. If,  after reviewing the allegations and results of the hearing,  the director determines that the person is in violation of the dealer or automotive recycler licensing provisions of this chapter,  the director may impose a civil penalty pursuant to section 28-4501.
E. After consideration of the evidence presented at the hearing,  the director shall serve notice of the director's finding and order within five days after the hearing.
F. Unless a continuance is granted,  if a person who is alleged to be in violation of the dealer or automotive recycler licensing provisions of this chapter fails to appear for a hearing,  the director may suspend the registrations of all motor vehicles owned and leased by the person. The director shall not remove the suspension until the person appears for the hearing and pays a fee of fifty dollars to the department for the reinstatement of each motor vehicle registration and license plate.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4501 - Licensed or unlicensed dealer and automotive recycler; civil penalty; transaction privilege taxes

28-4501.
Licensed or unlicensed dealer and automotive recycler;  civil penalty;  transaction privilege taxes
A. Notwithstanding the suspension authorized by section 28-4500,  if the director finds that a person is in violation of the licensing provisions of this chapter,  after a hearing conducted pursuant to section 28-4496,  28-4498,  28-4499 or 28-4500,  the director:
1. May impose a civil penalty of at least one thousand dollars but not more than three thousand dollars per violation.
2. Shall require that the person pay all transaction privilege taxes on motor vehicle sales that were conducted in violation of this chapter.
B. The person shall pay the civil penalty imposed pursuant to this section to the department no later than thirty days after the order is final. If the person fails to pay the civil penalty within thirty days after the order is final,  the director shall file an action in the superior court in the county in which the hearing is held to collect the civil penalty.
C. The director shall deposit,  pursuant to sections 35-146 and 35-147,  all civil penalties collected pursuant to this section that result from licensed or unlicensed motor vehicle dealer activity in the motor vehicle dealer enforcement fund established by section 28-4504.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4502 - Used motor vehicle dealer; violation; classification

28-4502.
Used motor vehicle dealer;  violation;  classification
In addition to the penalties provided in sections 28-4499,  28-4500 and 28-4501,  a person who acts as a used motor vehicle dealer in violation of the licensing provisions of this chapter is guilty of a class 1 misdemeanor.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4503 - Out-of-business cancellations; hearing

28-4503.
Out-of-business cancellations;  hearing
A. Notwithstanding section 28-4494,  if the department documents that a licensee has ceased operating as a motor vehicle dealer,  the department may cancel the licensee's license and give notice of the cancellation to the licensee in writing. The notice shall state that the department will provide an opportunity for a hearing if the department receives a written request from the licensee for a hearing within thirty days after the notice is sent. If a licensee requests a hearing,  the licensee shall show cause at the hearing why the license should not be canceled.
B. If a hearing is requested,  the department or the department's duly authorized agent shall issue subpoenas to persons as the licensee requests that require them to be present and testify at the hearing. A transcript of the testimony of witnesses taken at the hearing shall be made and preserved.
C. If a hearing is held,  within ten days after the hearing,  the department or the department's duly authorized agent shall make written findings of fact and conclusions and by order uphold the cancellation or decline to uphold the cancellation.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4504 - Motor vehicle dealer enforcement fund

28-4504.
Motor vehicle dealer enforcement fund
The motor vehicle dealer enforcement fund is established consisting of civil penalties collected pursuant to section 28-4501 that result from licensed or unlicensed motor vehicle dealer activity. The department shall administer the fund. Monies in the fund are subject to legislative appropriations. The director shall deposit all unexpended and unencumbered monies in the fund exceeding two hundred fifty thousand dollars at the end of each fiscal year in the state highway fund established by section 28-6991.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4505 - Unlicensed motor vehicle dealer enforcement task force; report

28-4505.
Unlicensed motor vehicle dealer enforcement task force;  report
A. The unlicensed motor vehicle dealer enforcement task force is established in the department of transportation and consists of the following members:
1. Three members from the department of transportation who are appointed by the director of the department of transportation.
2. Three members from the department of revenue who are appointed by the director of the department of revenue.
3. Three members who represent an independent automobile dealers' association in this state and who are appointed by the director of the department of transportation.
B. The unlicensed motor vehicle dealer enforcement task force shall:
1. Meet at least quarterly to review unlicensed motor vehicle dealer enforcement activities in this state.
2. Submit a report to the director of the department of transportation at least quarterly that contains the status of the task force's findings and provide a copy of this report to the secretary of state.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4531 - Definitions

28-4531.
Definitions
In this article,  unless the context otherwise requires:
1. " Cargo"  means commercial or industrial items but does not include personal items such as luggage and camping equipment.
2. " Dealer"  means a new motor vehicle dealer,  a used motor vehicle dealer or a wholesale motor vehicle dealer.
3. " Employee of the dealer"  means any of the following:
(a) An employee who is paid compensation and who appears on the records of the dealer as an employee for whom social security,  withholding taxes and all other deductions required by law for employees are made and for whom all applicable payroll taxes are paid by the dealer.
(b) An independent contractor who appears on the records of the dealer and who is paid compensation for specific services that are performed for the dealer and that require the operation of dealer owned vehicles.
(c) An immediate family member of the dealer who appears on the records of the dealer and who is paid compensation for specific services that are performed for the dealer and that require the operation of dealer owned vehicles. For the purposes of this subdivision,  " immediate family member"  means a spouse or a parent,  child,  brother or sister whether related by adoption or blood.
4. " Employee of the manufacturer"  means an employee who is paid compensation and who appears on the records of the manufacturer as an employee for whom social security,  withholding taxes and all other deductions required by law for employees are made and for whom all applicable payroll taxes are paid by the manufacturer.
5. " Full-time employee of the dealer"  means a person who qualifies as an employee of the dealer and who works at least twenty-four hours each week for the dealer.
6. " Full-time employee of the manufacturer"  means a person who qualifies as an employee of the manufacturer and who works at least twenty-four hours each week for the manufacturer.
7. " Manufacturer"  means a person engaged in the business of manufacturing motor vehicles,  trailers or semitrailers or a person engaged in the manufacture of integrated automotive systems and modules that are being tested at or in conjunction with a facility located in this state.
8. " Manufacturer's service program"  means a program that originates from a manufacturer and is imposed on that manufacturer's dealers,  that provides for the use of new motor vehicles in connection with a new motor vehicle dealer's service operations and that imposes certain duration and mileage restrictions on the use of those new motor vehicles.
9. " Modules"  means groups of component parts that are arranged in close physical proximity to each other within a vehicle and that may be assembled by the supplier and shipped to the manufacturer for installation in a vehicle as a unit.
10. " Systems"  means groups of component parts that are located throughout a vehicle and that operate together to provide a specific vehicle function.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4532 - Dealer owned vehicles; registration exemption; use of dealer plates; civil penalty

28-4532.
Dealer owned vehicles;  registration exemption;  use of dealer plates;  civil penalty
A. A vehicle that is owned by a dealer and that is otherwise required to be registered is exempt from registration while the vehicle is owned by the dealer. A vehicle owned by a dealer may be operated under owner responsibility on public highways and streets according to the following provisions:
1. The vehicle displays a license plate issued to the owner as provided in this article in the manner prescribed in section 28-2354.
2. The owner,  an employee of the dealer or a prospective buyer may operate the vehicle according to subsection C of this section.
B. Dealers' plates shall not be used on the following dealer owned vehicles:
1. A work or service vehicle,  except for a vehicle that is owned by a new motor vehicle dealer that has a manufacturer's service program and that is used in that program.
2. A leased or rented vehicle owned by a dealer.
3. A laden vehicle designed for the transportation of cargo unless the cargo consists of no more than three vehicles that are owned by the dealer and the laden vehicle and the cargo are being operated or transported by the dealer for resale.
4. A vehicle that has been sold.
C. Except as provided in subsection B of this section,  a dealer plate may be used on a dealer owned vehicle as follows:
1. When operated by the dealer or by an employee of the dealer in connection with the dealer's business. The vehicle may be operated as personal use transportation if it is assigned to a dealer or full-time employee of the dealer on a full-time use basis and if a record of the assignment is made as specified in section 28-4535. The authorized use applies to dealers or employees solely and does not apply to any other person as operator.
2. When operated by a prospective buyer for demonstration purposes for a period of not more than forty-eight hours for passenger vehicles and seventy-two hours for unladen pickups and trucks.
3. When operated by a person who is lawfully engaged in a contract with a dealer to perform any of the following at a permanent site or location where the person conducts business:
(a) Exterior surface protection.
(b) Interior surface protection.
(c) Window sunscreen protection.
(d) Body repair or maintenance.
(e) Undercoating,  soundproofing or rustproofing.
(f) Audio equipment installation.
(g) Other similar work required to prepare a vehicle for sale to the public.
D. A person who violates this section is subject to a civil penalty of up to five hundred dollars.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4533 - Dealer's certificate; dealer license plates; fees

28-4533.
Dealer's certificate;  dealer license plates;  fees
A. A dealer may apply to the department,  on a form provided for that purpose,  for a dealer's certificate containing a general distinguishing number. If the applicant is a dealer in new motor vehicles,  trailers or semitrailers,  the applicant shall submit satisfactory proof that the applicant is a duly authorized distributor or dealer for a manufacturer.
B. The department may issue dealer license plates to each dealer as follows:
1. For new motor vehicle dealers,  not more than one hundred fifty dealer license plates.
2. For used motor vehicle dealers,  not more than fifteen dealer license plates plus one additional license plate for every fifty vehicles that are sold based on reported sales in the previous license year.
3. For wholesale motor vehicle dealers,  not more than two dealer license plates plus one additional license plate for every fifty vehicles that are sold based on reported sales in the previous license year. All of the following requirements apply to dealer license plates issued pursuant to this paragraph:
(a) Before the wholesale motor vehicle dealer's license continuation date,  the wholesale motor vehicle dealer must submit evidence satisfactory to the department that the wholesale motor vehicle dealer has sold at least ten vehicles to one or more licensed new or used motor vehicle dealers in the previous license year.
(b) If the wholesale motor vehicle dealer does not submit the evidence prescribed in subdivision (a) of this paragraph,  the department shall cancel the dealer license plates issued to the wholesale motor vehicle dealer.
(c) The department shall not issue more than ten dealer license plates to a wholesale motor vehicle dealer pursuant to this paragraph.
C. The department,  on granting the application,  shall issue to the applicant a certificate containing the applicant's name and address and the general distinguishing number assigned to the applicant and the dealer license plates for which the applicant applied on payment of the fee provided in this section.
D. The fee for each license plate or pair of license plates issued to a dealer is:
1. $30,  if the dealer is not a motorcycle dealer.
2. $10,  if the dealer is a motorcycle dealer.
E. The director may recall,  redesign and reissue dealer license plates pursuant to this article. The plate or pair of plates issued shall contain a number or symbol distinguishing them from every other plate or pair of plates issued to the same dealer. The director shall not allow a request for dealer license plates to be combined with a request for a personalized special plate issued pursuant to section 28-2406. Reissued dealer license plates shall be distributed as determined by the director.
F. The right to use a dealer license plate issued terminates at midnight on the last day of the month in which the plate fees are due unless the plate fees for the following year are paid.
G. A dealer who applies for and obtains dealer license plates shall comply with chapter 9 of this title.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4534 - Continuation date; delinquent fee; penalty

28-4534.
Continuation date;  delinquent fee;  penalty
A. In order to distribute the continuation workload as uniformly as practicable throughout the twelve months of the calendar year,  the director may provide for staggered continuation dates for the right to use a dealer license plate. In order to initiate a staggered continuation system,  the director may initially provide or continue the right for more or less than a twelve month period,  but not more than eighteen months,  and may prorate the fees.
B. If a dealer fails,  neglects or refuses to pay the required fee for the ensuing year on or before midnight on the continuation date,  the fee is delinquent,  and the department shall charge and collect a penalty equal to the fee if the dealer files an application for reinstatement after the continuation date.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4535 - Dealer records; replacement; fee

28-4535.
Dealer records;  replacement;  fee
A. A dealer shall keep a written record of the vehicles on which the dealer license plate or plates are used and the person to whom each plate or pair of plates is assigned. The dealer shall make the record available for inspection by the department,  a member of the highway patrol or any other peace officer.
B. The record required by this section shall contain the following information for each dealer license plate:
1. The date assigned.
2. The make,  type,  year,  model and identification number of a vehicle to which it is assigned.
3. The name and address of any assignee.
C. The director may authorize a dealer to use an inventory stock number in lieu of the vehicle identification number required in subsection B of this section if the director is satisfied that the dealer's records are sufficiently detailed and accurately maintained to disclose the full vehicle identity if necessary.
D. If a dealer license plate is lost or stolen,  the dealer shall make a written report immediately to the director that identifies the plate by type and number,  including all available data concerning the loss or theft.
E. For each dealer license plate,  pair of plates or year validating tab to replace lost,  destroyed or mutilated plates or tab,  the dealer shall pay a replacement fee as prescribed in section 28-4542.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4538 - Suspension of dealer and manufacturer license plates

28-4538.
Suspension of dealer and manufacturer license plates
A. The department shall suspend the use of any or all of the dealer license plates issued to a dealer for not more than three months if a dealer violates section 28-4532,  28-4533,  28-4534,  28-4535 or 28-4536.
B. If the director finds that a manufacturer or licensed dealer displays a manufacturer or dealer license plate that is provided pursuant to section 28-4533,  28-4540 or 28-4544 on a work or service vehicle,  a vehicle used for private use or a vehicle for hire,  the director may suspend the right of the dealer or manufacturer to use the plate.
C. A manufacturer or licensed dealer who receives a notice of suspension pursuant to subsection B of this section may submit a written request for a hearing to the director. The manufacturer or licensed dealer shall submit the request for a hearing within thirty days after the manufacturer or licensed dealer receives the notice of suspension.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4539 - Manufacturer unladen truck and passenger vehicles; registration exemption

28-4539.
Manufacturer unladen truck and passenger vehicles;  registration exemption
A. An unladen truck or passenger vehicle that is owned by a manufacturer and that is of a type otherwise required to be registered is exempt from registration while the vehicle is used according to this section. The vehicle may be operated under owner responsibility on public highways and streets if the vehicle displays in the manner prescribed in section 28-2354 a manufacturer unladen truck and passenger vehicle test license plate or plates issued to the owner as provided in this section.
B. A person shall not use a manufacturer unladen vehicle test license plate on the following manufacturer owned unladen trucks or passenger vehicles:
1. A leased or rented vehicle owned by the manufacturer.
2. A vehicle carrying more than three hundred pounds of cargo.
3. A work or service vehicle.
4. A vehicle that has been sold.
5. A laden vehicle designed for the transportation of cargo.
C. Except as provided in subsection B of this section,  the manufacturer,  a full-time employee of the manufacturer in connection with the manufacturer's business,  a person who has permission of a full-time employee or a person contracted and designated by the manufacturer to operate the vehicle for business purposes may use a manufacturer unladen vehicle test license plate on a vehicle. The use authorized by this subsection includes operation of the vehicle as personal use transportation if it is assigned to a manufacturer or full-time employee or contracted person on a full-time use basis and if a record of the assignment is made as provided in section 28-4542.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4540 - Manufacturer unladen vehicle test license plates and certificate; fee

28-4540.
Manufacturer unladen vehicle test license plates and certificate;  fee
A. A manufacturer may obtain a general distinguishing number and one or more pairs of unladen vehicle test license plates or single test plates appropriate to various types of vehicles by applying to the department on a form provided by the department and by paying a fee of thirty dollars for each plate.
B. After granting the application,  the department shall issue to the applicant a certificate containing the applicant's name and address and the general distinguishing number assigned to the applicant and the unladen vehicle test license plates for which the applicant applied.
C. The test license plate or pair of plates issued shall contain a number or symbol distinguishing them from every other test license plate or pair of plates issued to the same manufacturer.
D. The right to use a test license plate issued for a calendar year terminates at midnight on December 31 of each year unless the plate is renewed.
E. A manufacturer who applies for and obtains manufacturer unladen vehicle test license plates shall comply with chapter 9 of this title.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4541 - Continuation date; delinquent fee due from manufacturer; penalty

28-4541.
Continuation date;  delinquent fee due from manufacturer;  penalty
A. In order to distribute the continuation workload as uniformly as practicable throughout the twelve months of the calendar year,  the director may provide for staggered continuation dates for the right to use a manufacturer license plate. In order to initiate a staggered continuation system,  the director may initially provide or continue the right for more or less than a twelve month period,  but not more than eighteen months,  and may prorate the fees.
B. If a manufacturer fails,  neglects or refuses to file an application for renewal and pay the required fee for the ensuing year on or before midnight on the continuation date,  the fee is delinquent,  and the department shall charge and collect a penalty equal to the fee if the manufacturer files an application for renewal after the continuation date.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-4542 - Manufacturer records; replacement; fee

28-4542.
Manufacturer records;  replacement;  fee
A. A manufacturer shall keep a written record of the vehicles on which the unladen vehicle test license plate or plates are used and the person to whom each test license plate or pair of plates is assigned. The manufacturer shall make the record available for inspection by the department,  an officer or agent of the department,  a member of the highway patrol or a peace officer.
B. The record required by this section shall contain the following information for each test license plate:
1. The date assigned.
2. The make,  type,  year,  model and identification number of a vehicle to which it is assigned and the name and address of any assignee.
C. The director may authorize a manufacturer to use an inventory stock number in lieu of the vehicle identification number required in subsection B if the director is satisfied that the manufacturer's records are sufficiently detailed and accurately maintained to disclose the full vehicle identity if necessary.
D. If a manufacturer unladen vehicle test license plate is lost or stolen,  the manufacturer shall make a written report immediately to the director that identifies the plate by type and number,  including all available data concerning the loss or theft.
E. For each test license plate,  pair of plates or year validating tab to replace lost,  destroyed or mutilated plates or tab,  the manufacturer shall pay a replacement fee of five dollars.