reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 12 - DEVELOPMENTS › Part A - APPLICATION FOR PUBLIC REPORT, CERTIFICATE OF AUTHORITY, OR SPECIAL ORDER OF EXEMPTION › Section R4-28-A1204 - Utilities

Current through Register Vol. 30, No. 28, July 12, 2024
The applicant shall include information about electrical,
					 telephone, and natural gas utilities available to the development,
					 including:
1. The names, addresses,
				  and telephone numbers of the electrical, telephone, and natural gas company
				  that will provide service;
2. The
				  location of existing electrical, telephone, and natural gas utilities in
				  relation to the development;
3. The
				  name of each person responsible for extending each utility to the lot
				  lines;
4. The estimated completion
				  date for extending each utility to the lot lines;
5. If the developer will only install
				  conduit, a description of the arrangement made to complete operational
				  utilities to lot lines;
6. The
				  estimated cost a lot purchaser will be required to pay for completion of each
				  utility to the purchaser's lot line, and, if the offer is for unimproved lots,
				  the estimated costs to provide service from the lot line to the
				  dwelling;
7. Upon completion of the
				  utilities, other costs or requirements that must be addressed before the lot
				  purchaser receives service, including the current service charges, hookup fees,
				  turn-on fees, meter fees, and fees for pulling wire through conduit;
8. If propane gas will be used, a letter from
				  the supplier stating that it will be providing service to the development, with
				  a description of requirements to be met and costs to be paid by the lot
				  purchaser for receiving the service; and
9. If street lights will be available, the
				  person responsible for completion, the estimated completion date and the person
				  who will pay for the electricity.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 12 - DEVELOPMENTS › Part A - APPLICATION FOR PUBLIC REPORT, CERTIFICATE OF AUTHORITY, OR SPECIAL ORDER OF EXEMPTION › Section R4-28-A1206 - Sewage Disposal

Current through Register Vol. 30, No. 28, July 12, 2024
The applicant shall include information about sewage
					 disposal for the development, including:
1. Whether the sewage disposal will be
				  provided by a municipality, improvement district, public utility, private
				  company, or individual sewage disposal system;
2. The name, address, and telephone number of
				  the sewage disposal company;
3. The
				  compliance status of the sewage disposal provider with the ADEQ as of the date
				  of the application. If in noncompliance, provide an explanation;
4. The name of the person responsible for
				  extending the sewage disposal utility to the lot lines;
5. The estimated completion date for
				  extending the utility to the lot lines;
6. The estimated cost the lot purchaser will
				  be required to pay for completion of the utility to the purchaser's lot
				  line;
7. If offering an unimproved
				  lot, the estimated cost a lot purchaser will pay for completion of the utility
				  from the lot line to the dwelling;
8. Upon completion of the utility, other
				  costs or requirements that must be addressed before the lot purchaser receives
				  service, including the service charge, hookup fees, tap-in fees, and
				  development fees;
9. The name of
				  the person responsible for maintenance of the sewage disposal utility within
				  the development, other than from lot line to dwelling;
10. The name of the person who is or will be
				  responsible for maintenance of the sewage disposal utility outside the
				  development;
11. What cost, if any,
				  will the lot purchaser pay toward maintenance of the sewage disposal
				  utility;
12. If a sewage disposal
				  provider is a for-profit public service corporation, whether a Certificate of
				  Convenience and Necessity from the Arizona Corporation Commission has been
				  issued, and if not, an explanation of why a Certificate has not been
				  issued;
13. A description of the
				  type of individual sewage disposal system the lot purchaser will be required to
				  install in accordance with the standards and requirements of ADEQ or its
				  designee;
14. A description of all
				  requirements and costs involved to install an operational individual sewage
				  disposal system, including any cost for governmental licensing and permitting,
				  equipment, and other installation, maintenance, and operation costs;
15. If an operational individual sewage
				  disposal system cannot be installed, will the lot purchaser be offered a refund
				  of the purchase price, and if so, an explanation of any condition or
				  restriction involving the refund; and
16. If a dry sewer system will be installed
				  for future connection to a future provider, the name of the future provider,
				  all requirements and costs for lot purchasers, and the estimated connection
				  date.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 12 - DEVELOPMENTS › Part A - APPLICATION FOR PUBLIC REPORT, CERTIFICATE OF AUTHORITY, OR SPECIAL ORDER OF EXEMPTION › Section R4-28-A1207 - Streets and Access

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				  applicant shall include a statement attesting that:
1. Exterior streets providing access are
				  private; or federal, state, and county highways; or municipal
				  streets;
2. The interior streets
				  are public or private; and
a. If any streets
				  are private, a description of what provisions have been made to assure
				  purchasers of a legal right to use the private streets;
b. Whether the streets are
				  completed;
c. The standards to
				  which the streets will be or are constructed;
d. If the streets are not completed, the
				  person responsible for completion and the estimated completion date;
e. The type of existing and proposed
				  surfacing;
f. The cost, if any, the
				  lot purchaser will pay toward street completion;
g. The name of the person responsible for
				  exterior and interior street maintenance;
h. Whether a city or county is responsible
				  for maintaining the streets and the approximate date when streets will be
				  accepted for maintenance; and
i.
				  The cost, if any, the lot purchaser will pay toward street
				  maintenance.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 12 - DEVELOPMENTS › Part A - APPLICATION FOR PUBLIC REPORT, CERTIFICATE OF AUTHORITY, OR SPECIAL ORDER OF EXEMPTION › Section R4-28-A1208 - Flood Protection and Drainage Improvements

Current through Register Vol. 30, No. 28, July 12, 2024
The applicant shall include with the application the
					 following information about flood protection and drainage improvement:
1. A description of any current or proposed
				  improvement;
2. The name of the
				  person responsible for completion of the improvement;
3. The estimated completion date of the
				  improvement;
4. The cost, if any,
				  the lot purchaser will pay for completion of the improvement;
5. The name of the person responsible for the
				  continuing maintenance and expense of the improvement;
6. If a city or county is responsible for
				  maintenance, the approximate date when the improvement will be accepted for
				  maintenance; and
7. The cost, if
				  any, the lot purchaser will pay toward completion and maintenance of the
				  improvement.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 12 - DEVELOPMENTS › Part A - APPLICATION FOR PUBLIC REPORT, CERTIFICATE OF AUTHORITY, OR SPECIAL ORDER OF EXEMPTION › Section R4-28-A1209 - Common, Community, or Recreational Improvements

Current through Register Vol. 30, No. 28, July 12, 2024
The applicant shall provide with the application a list of
					 all common, community, or recreational improvements, located within the
					 development, and include the following information:
1. The name of the person responsible for
				  completion of each improvement;
2.
				  The estimated completion date of each improvement;
3. The estimated cost a lot purchaser will be
				  required to pay for the completion of each improvement;
4. The name of the person responsible for the
				  continuing maintenance and expense of each improvement; and
5. The cost, if any, the lot purchaser will
				  be responsible for paying toward the maintenance of each improvement.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 12 - DEVELOPMENTS › Part A - APPLICATION FOR PUBLIC REPORT, CERTIFICATE OF AUTHORITY, OR SPECIAL ORDER OF EXEMPTION › Section R4-28-A1210 - Master Planned Community

Current through Register Vol. 30, No. 28, July 12, 2024
The applicant shall include the following information about
					 a master planned community:
1. A list
				  of all improvements located outside the development, but included in the
				  development offering, including all common, community and recreational
				  improvements;
2. The name of the
				  person responsible for completing each improvement;
3. The estimated completion date of each
				  improvement;
4. The name of the
				  person responsible for the continuing maintenance and expense of each
				  improvement; and
5. The cost, if
				  any, the lot purchaser will pay toward the completion and maintenance of each
				  improvement.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 12 - DEVELOPMENTS › Part A - APPLICATION FOR PUBLIC REPORT, CERTIFICATE OF AUTHORITY, OR SPECIAL ORDER OF EXEMPTION › Section R4-28-A1211 - Assurances for Completion and Maintenance of Improvements

Current through Register Vol. 30, No. 28, July 12, 2024
A. The applicant shall identify:
1. Whether arrangements have been made to
				  assure the completion, delivery, and continued maintenance of the improvements
				  listed in subsections
				  R4-28-A1204 through
				  R4-28-A1210;
				  and
2. Whether the assurances to
				  complete and deliver the improvements have been approved by the county or city,
				  where applicable, and if so, submit a copy of the county or city
				  approval;
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 12 - DEVELOPMENTS › Part A - APPLICATION FOR PUBLIC REPORT, CERTIFICATE OF AUTHORITY, OR SPECIAL ORDER OF EXEMPTION › Section R4-28-A1212 - Schools and Services

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				  applicant shall include the following information about schools:
1. The location of and distance to the
				  nearest public elementary, junior, and high schools and whether school bus or
				  other transportation is available;
2. The type and location of any other school
				  located within a 1/2 mile radius of the exterior boundaries of the
				  development.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 12 - DEVELOPMENTS › Part A - APPLICATION FOR PUBLIC REPORT, CERTIFICATE OF AUTHORITY, OR SPECIAL ORDER OF EXEMPTION › Section R4-28-A1213 - Property Owners' Association

Current through Register Vol. 30, No. 28, July 12, 2024
The applicant shall provide the following information about
					 a property owner's association:
1. The
				  name of the association, if any;
2.
				  The name of the master property owners' association, if any;
3. The amount of the association assessment
				  that property owners will be required to pay, and how it will be
				  paid;
4. Whether the association is
				  legally formed and operational;
5.
				  When and under what conditions control of the association will be released to
				  lot purchasers;
6. When and under
				  what conditions title to the common areas will be transferred to the
				  association;
7. Whether the common
				  areas are subject to any lien or encumbrance. If yes, explain how purchasers'
				  use and enjoyment of common areas will be protected in the event of
				  default;
8. Whether all lot owners
				  will be required to be members of the association. If not, explain;
9. Whether nonmembers will be liable for
				  payments to the association; and
10. A copy of the Articles of Incorporation
				  and Bylaws in effect.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 12 - DEVELOPMENTS › Part A - APPLICATION FOR PUBLIC REPORT, CERTIFICATE OF AUTHORITY, OR SPECIAL ORDER OF EXEMPTION › Section R4-28-A1214 - Development Use

Current through Register Vol. 30, No. 28, July 12, 2024
The applicant shall provide the following information about
					 development use:
1. Whether unimproved
				  (vacant) lots or improved (with building) lots will be sold or
				  leased;
2. The use for which
				  development lots will be offered and an identification of the lots and their
				  proposed use if more than one use is contemplated;
3. Whether the development or any lot is
				  subject to adult occupancy or age restrictions;
a. If yes, explain the restriction;
b. If yes, explain whether this restriction
				  is in compliance with the Federal Fair Housing Act.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 12 - DEVELOPMENTS › Part A - APPLICATION FOR PUBLIC REPORT, CERTIFICATE OF AUTHORITY, OR SPECIAL ORDER OF EXEMPTION › Section R4-28-A1215 - Development Sales

Current through Register Vol. 30, No. 28, July 12, 2024
The applicant shall provide a description of the sales
					 offering and:
1. A description of how
				  sales or leases will be made and the manner by which title, right, or other
				  interest is to be conveyed to the purchaser, including copies of sales and
				  lease transaction documents;
2.
				  Indicate whether cash sales are allowed and when the purchaser takes
				  title;
3. Indicate where the
				  purchaser's deposit and earnest monies will be deposited and held;
4. If the deposit monies are available for
				  use by the seller, when and under what conditions the monies will be
				  refunded;
5. Indicate when the lot
				  purchaser will be permitted to use and occupy the lot;
6. An explanation if the purchaser will not
				  receive title free and clear of all liens;
7. The estimated average sales price for the
				  lots;
8. Indicate whether any of
				  the property will be leased, and if so;
a.
				  Provide a description of any provision for increase of rental payments during
				  the term of the lease and any provisions in the lease prohibiting assignment or
				  subletting, or both;
b. Indicate
				  whether the lease prohibits the lessee from mortgaging or otherwise encumbering
				  the leasehold; and
c. Indicate
				  whether the lessee is permitted to remove an improvement when the lease
				  expires.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 12 - DEVELOPMENTS › Part A - APPLICATION FOR PUBLIC REPORT, CERTIFICATE OF AUTHORITY, OR SPECIAL ORDER OF EXEMPTION › Section R4-28-A1216 - Title Reports and Encumbrances

Current through Register Vol. 30, No. 28, July 12, 2024
The applicant shall provide the following information
					 concerning title reports and encumbrances:
1. Copies of any unrecorded liens or
				  encumbrances against the property;
2. A title report showing:
a. An effective date not more than 30 days
				  before Department receipt. The Department may request that the applicant update
				  the title report so that it is not more than 30 days old when the public report
				  is issued;
b. A legal description
				  based upon a recorded map, condominium or timeshare declaration. Metes and
				  bounds legal descriptions shall be used only for membership camping application
				  title reports;
c. The applicant's
				  interest in the property;
d. The
				  name and telephone number of the person who prepared the title
				  report;
e. A requirement page, if
				  applicable; and
f. The following
				  statement after the title exceptions: "There are no further matters of record
				  affecting the land."
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 12 - DEVELOPMENTS › Part A - APPLICATION FOR PUBLIC REPORT, CERTIFICATE OF AUTHORITY, OR SPECIAL ORDER OF EXEMPTION › Section R4-28-A1217 - ADEQ Approval

Current through Register Vol. 30, No. 28, July 12, 2024
The applicant shall obtain subdivision approval from ADEQ
					 or its designee.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 12 - DEVELOPMENTS › Part A - APPLICATION FOR PUBLIC REPORT, CERTIFICATE OF AUTHORITY, OR SPECIAL ORDER OF EXEMPTION › Section R4-28-A1218 - Property Registrations in Other Jurisdictions

Current through Register Vol. 30, No. 28, July 12, 2024
The applicant shall provide a list of the jurisdictions
					 where a property registration was filed with or accepted by another department
					 of real estate or similar regulatory agency.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 12 - DEVELOPMENTS › Part A - APPLICATION FOR PUBLIC REPORT, CERTIFICATE OF AUTHORITY, OR SPECIAL ORDER OF EXEMPTION › Section R4-28-A1219 - Condominium Developments

Current through Register Vol. 30, No. 28, July 12, 2024
The applicant shall provide the following information about
					 condominium developments:
1. A copy of
				  the recorded condominium declaration, map, and amendments in effect,
				  and
2. An opinion letter from an
				  attorney licensed to practice in Arizona, stating that the condominium plat and
				  declaration of condominium are in compliance with the requirements of A.R.S.
				  §§ 33-1215 and 33-1219.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 12 - DEVELOPMENTS › Part A - APPLICATION FOR PUBLIC REPORT, CERTIFICATE OF AUTHORITY, OR SPECIAL ORDER OF EXEMPTION › Section R4-28-A1220 - Foreign Developments

Current through Register Vol. 30, No. 28, July 12, 2024
A. Unless
				  exempt pursuant to A.R.S. §
										32-2181.02,
				  an applicant shall ensure that any development located outside the state that
				  is advertised, promoted, or sold within the state complies with all Arizona
				  laws and rules as if the land was located in the state.
B. Any law or rule that is specific to
				  Arizona may be waived by the Department, or the Department may request and
				  accept the domicile state or country's equivalent form of
				  documentation.
C. The applicant
				  shall provide evidence that the domicile state or country has authorized the
				  sale of lots and that the development is in compliance and good standing. If
				  the domicile state or country issues a public report or equivalent, the
				  application shall include the report.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 12 - DEVELOPMENTS › Part A - APPLICATION FOR PUBLIC REPORT, CERTIFICATE OF AUTHORITY, OR SPECIAL ORDER OF EXEMPTION › Section R4-28-A1221 - Cemetery Developments

Current through Register Vol. 30, No. 28, July 12, 2024
The applicant shall provide the following information about
					 cemetery developments:
1. A statement
				  that there are no liens on the cemetery property,
2. An accounting of the endowment care fund
				  for an existing perpetual care cemetery, and
3. A financial statement of the
				  applicant.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 12 - DEVELOPMENTS › Part A - APPLICATION FOR PUBLIC REPORT, CERTIFICATE OF AUTHORITY, OR SPECIAL ORDER OF EXEMPTION › Section R4-28-A1222 - Membership Camping Developments

Current through Register Vol. 30, No. 28, July 12, 2024
The applicant shall provide the following information about
					 a membership camping development:
1.
				  If the interest of the operator is evidenced by a lease, license, franchise, or
				  a reciprocal agreement, a copy of the document and any amendments;
2. A description of any lakes or streams
				  available for recreational use; and
3. A description of any exchange network and
				  the responsibilities, obligations, and rights of the operator and purchaser,
				  and copies of all exchange network documents.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 12 - DEVELOPMENTS › Part A - APPLICATION FOR PUBLIC REPORT, CERTIFICATE OF AUTHORITY, OR SPECIAL ORDER OF EXEMPTION › Section R4-28-A1223 - Affidavit

Current through Register Vol. 30, No. 28, July 12, 2024
The applicant shall sign an affidavit attesting that the
					 information found in the application is true and correct.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 12 - DEVELOPMENTS › Part B - GENERAL INFORMATION › Section R4-28-B1201 - Expedited Registration for Improved Subdivision Lots and Unsubdivided Lands

Current through Register Vol. 30, No. 28, July 12, 2024
A. A developer
				  may use the expedited public report registration by preparing the public report
				  and submitting the appropriate application documents and fees established in
				  A.R.S. §§
										32-2183(B)
				   or
				  32-2195.03(B)
				   to the Department. The Department shall
				  assign a registration number to each application and verify the following:
1. The correct application form has been used
				  and is two-hole punched at the top in standard placement. The application is
				  placed on a two-prong AACO-type fastener in a file folder and delivered to the
				  Department in an expanding file folder. Maps may be left off the fastener,
				  folded, and placed in the expanding file. The application shall include:
a. The Expedited Registration Request letter
				  signed by the applicant; and
b. The
				  completed Department checklist for administrative completeness which indicates
				  inclusion of the documents required by A.R.S. Title 32, Chapter 20, Article 4
				  and 4 A.A.C. 28, Article 12, Part A.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 12 - DEVELOPMENTS › Part B - GENERAL INFORMATION › Section R4-28-B1202 - Conditional Sales Exemption

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any
				  developer applying for a special order of exemption authorizing the offer for
				  sale of a subdivision lot or unsubdivided land before issuance of a public
				  report shall provide the following information to the Department:
1. The completed and executed Petition for
				  Conditional Sales Exemption;
2. The
				  completed and executed subdivision or unsubdivided land application for a
				  public report;
3. The purchase
				  contract containing all required contract disclosures and the Conditional Sales
				  Addendum;
4. A current title report
				  showing the ownership interest of the developer and acceptable condition of
				  title;
5. A copy of the recorded
				  development map, or if not recorded, a copy of the unrecorded map;
6. A copy of the Condominium Declaration, if
				  applicable;
7. A Certificate of
				  Assured Water Supply, or a letter from the ADWR or other evidence that the
				  property is located in an area designated as having an assured water supply, if
				  the property is located in a groundwater active management area;
8. A water adequacy report from the ADWR or
				  evidence that the property is located in an area designated as having an
				  adequate water supply, if the property is located outside of a groundwater
				  active management area; and
9. Any
				  other information revealed necessary after preliminary review.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 12 - DEVELOPMENTS › Part B - GENERAL INFORMATION › Section R4-28-B1203 - Material Change; Public Report Amendments

Current through Register Vol. 30, No. 28, July 12, 2024
A. The developer shall notify the Department
				  of all material changes in the information required by A.R.S. Title 32, Chapter
				  20, Articles 4, 7, 9, and 10, or 4 A.A.C. 28, Article 12, Part A.
B. According to material changes reported in
				  subsection (A), the Department may require the developer to amend the public
				  report.
C. Completion Date
				  Extension.
1. A developer may apply to the
				  Department for an amendment to a public report to extend the completion date of
				  any improvement by providing an affidavit from the developer attesting that
				  each purchaser, owner, and the city or county officials responsible for
				  improvements were provided written notice of the completion status of the
				  improvement, including a list of all people who were provided notice.
2. The Department may deny the application to
				  extend the completion date beyond the first extension if a purchaser, owner, or
				  city or county official opposes issuance of an amended public report to extend
				  a completion date.
3. If an
				  extension is denied, the developer shall provide the Department with a written
				  agreement to suspend sales until the improvement is complete or the Department
				  may issue a summary suspension order as provided in A.R.S. §
											32-2157(B).
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 12 - DEVELOPMENTS › Part B - GENERAL INFORMATION › Section R4-28-B1204 - Cemetery Notice; Amendments

Current through Register Vol. 30, No. 28, July 12, 2024
A change to information required pursuant to the provisions
					 of Title 32, Chapter 20, Article 6,
					 R4-28-301(A),
					 or any other Section, requires amendment of the notice filed pursuant to A.R.S.
					 32-2194.01.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 12 - DEVELOPMENTS › Part B - GENERAL INFORMATION › Section R4-28-B1205 - Contiguous Parcels

Current through Register Vol. 30, No. 28, July 12, 2024
Except for lots in a platted subdivision, if two or more
					 contiguous parcels of land are acquired by a single owner, the Department shall
					 classify the lots as a single parcel for purposes of subdivision
					 laws.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 12 - DEVELOPMENTS › Part B - GENERAL INFORMATION › Section R4-28-B1206 - Filing with HUD

Current through Register Vol. 30, No. 28, July 12, 2024
If the subdivider requests that a subdivision public report
					 be certified by the Department for filing with HUD, the subdivider shall comply
					 with the terms, conditions, and requirements of the HUD certification
					 agreement.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 12 - DEVELOPMENTS › Part B - GENERAL INFORMATION › Section R4-28-B1207 - Subsequent Owner

Current through Register Vol. 30, No. 28, July 12, 2024
A. Except as
				  provided in A.R.S. §
										32-2181.02,
				  any developer who is a successor in interest to six or more lots within a
				  subdivision on which the Department previously issued a public report shall
				  file an application for and obtain a new public report before offering or
				  selling any lot.
B. Any developer
				  who is a successor in interest to six or more parcels within an unsubdivided
				  land development on which the Department previously issued a public report
				  shall file an application for and obtain a new public report before offering or
				  selling any parcel.
C. Any
				  developer who is a successor in interest to 12 or more time-share intervals
				  within a time-share project on which the Department previously issued a public
				  report shall file an application for and obtain a new public report, before
				  offering or selling any interval.
D. The Department shall not issue a new
				  public report to a subsequent owner of a development if the previous developer
				  failed to complete proposed improvements in accordance with estimated
				  completion dates specified in the previously issued public report until one of
				  the following occurs:
1. The subsequent owner
				  makes financial arrangements, as described in
				  R4-28-A1211,
				  in favor of the local governmental authority and for the benefit of purchaser,
				  securing the owner's promise to complete the previously proposed improvements
				  by a designated date; or
2. The
				  subsequent owner becomes obligated to place all sales funds in a neutral escrow
				  depository until the Department is furnished satisfactory evidence that all
				  proposed improvements have been completed or accepted by the city or county;
				  or
3. Permission is obtained by all
				  previous purchasers in the development for completion of the proposed
				  improvements by the new designated date for completion; or
4. The subsequent owner establishes to the
				  satisfaction of the Department that adequate financial arrangements have been
				  made to assure completion of the proposed improvements by the new designated
				  date for completion.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 12 - DEVELOPMENTS › Part B - GENERAL INFORMATION › Section R4-28-B1208 - Public Report Correction

Current through Register Vol. 30, No. 28, July 12, 2024
If the public report contains an error, the Department
					 shall correct the report at its own expense. Additional or changed information
					 that was known to the developer before issuance of the report is not an error.
					 The Department shall not correct the public report after it has been in effect
					 for 10 days. After 10 days, the developer shall change the report through the
					 development amendment process, established in
					 R4-28-B1203,
					 with payment of the applicable amendment fee.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 12 - DEVELOPMENTS › Part B - GENERAL INFORMATION › Section R4-28-B1209 - Options; Blanket Encumbrances; Releases

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department shall not issue or amend a
				  public report for any lot held under option or subject to a blanket encumbrance
				  if a condition precedent to the optionee's right to acquire the lot or to
				  release from the blanket encumbrance shows that the lot shall:
1. Be acquired or released in a particular
				  sequence,
2. Be acquired or
				  released only after one or more additional lots have been acquired or released,
				  or
3. Not be released if the
				  encumbrance is in default because of a cross-default provision contained in the
				  encumbrance,
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 12 - DEVELOPMENTS › Part B - GENERAL INFORMATION › Section R4-28-B1210 - Earnest Money

Current through Register Vol. 30, No. 28, July 12, 2024
The developer shall deposit earnest money and down payments
					 in a neutral depository if:
1. The
				  seller is in bankruptcy;
2. The
				  sale is conditional pursuant to
				  R4-28-B1202;
				  or
3. The Department perceives a
				  risk to the buyer.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 12 - DEVELOPMENTS › Part B - GENERAL INFORMATION › Section R4-28-B1211 - Recordkeeping

Current through Register Vol. 30, No. 28, July 12, 2024
If real property in a development is sold or leased by a
					 developer without the services of a listing or selling broker, the developer
					 shall keep all records as required by A.R.S. § 32-2151.01(A) and
					 (C).
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 13 - ADMINISTRATIVE PROCEDURES › Section R4-28-1302 - Service of Pleadings Subsequent to Complaint and Notice

Current through Register Vol. 30, No. 28, July 12, 2024
A. Service of pleadings subsequent to
				complaint and notice of hearing shall be made by personal service or by mail to
				the last known address of record of the party or the party's counsel. If
				service is made by mail, response time shall be increased by five days. Service
				by mail is complete upon mailing.
B. Any person filing a pleading or brief with
				the Department shall also file with the Attorney General.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 13 - ADMINISTRATIVE PROCEDURES › Section R4-28-1303 - Information Obtained in an Investigation

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department shall ensure that
				information and documents in open audits and investigations remain
				confidential. Officers and employees of the Department shall not make
				confidential information or documents available to anyone other than the
				Attorney General or the Attorney General's representative, or authorized
				employees of the Department, unless the Commissioner authorizes disclosure of
				the information or production of documents as being in the public
				interest.
B. Upon request, the
				Department shall disclose the existence of and make available for review audit
				and investigative files that were closed within five years of the request for
				the information, subject to redaction of confidential or privileged information
				such as date of birth, social security number, bank and trust account numbers,
				home address and telephone number of active-status licensees, criminal history
				reports, attorney-client privileged communications, work product, and
				information regarding settlement negotiations.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 13 - ADMINISTRATIVE PROCEDURES › Section R4-28-1304 - Response; Default

Current through Register Vol. 30, No. 28, July 12, 2024
A. A response
				shall specifically admit, deny, or state that the party does not have, or is
				unable to obtain, sufficient information to admit or deny each allegation in
				the complaint. A statement of a lack of information shall have the effect of a
				denial. Any allegation not denied is deemed to be admitted. When a party
				intends in good faith to deny only a part of an allegation, the party shall
				admit so much of it as is true and shall deny the remainder.
B. If the party fails to file a response or
				after being served notice, fails to appear at a hearing within the time
				provided by the statute under which the hearing is commenced, the Department
				may file an Affidavit of Default against the party, and proceed to take action
				against the party based upon the allegations of the charges. This action may be
				taken before the hearing date established in the Notice of Hearing. The party
				may file a motion to vacate the default and any action taken by the
				Commissioner within 15 days after receiving a copy of the default and the
				action or order by the Commissioner. For good cause, the Commissioner may
				vacate a default and any action taken and reschedule a hearing.
C. Every response filed pursuant to this
				Section shall be signed by the filing party or by at least one attorney, in the
				attorney's individual name, who represents the party, and shall be
				verified.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 13 - ADMINISTRATIVE PROCEDURES › Section R4-28-1305 - Notice of Appearance of Counsel

Current through Register Vol. 30, No. 28, July 12, 2024
A. A party may participate in the party's own
				behalf or be represented by a member of the State Bar of Arizona.
B. Any person intending to appear at a
				contested case hearing or appealable agency action as counsel or representative
				of a party shall file a Notice of Appearance which shall advise the Department
				of the person's intent to appear on behalf of a party. The notice shall be
				filed with the Office of Administrative Hearings and served on all parties and
				shall contain:
1. The title of the
				case,
2. The name of the agency
				ordering the hearing,
3. The
				current address and telephone number of the person appearing, and
4. The name of the party for whom the person
				is appearing.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 13 - ADMINISTRATIVE PROCEDURES › Section R4-28-1310 - Rehearing or Review of Decision; Response; Decision

Current through Register Vol. 30, No. 28, July 12, 2024
A. Unless otherwise provided by statute or
				rule, any party to a hearing before the Office of Administrative Hearings who
				is aggrieved by a decision rendered in a case may, pursuant to A.R.S. §
									41-1092.09,
				file with the Commissioner a written motion for rehearing or review of the
				decision. The motion shall specify the particular grounds for rehearing or
				review. The moving party shall serve copies upon all other parties. A motion
				for rehearing or review under this Section may be amended at any time before
				the Commissioner rules upon the motion.
B. A rehearing or review of the decision may
				be granted for any one of the following causes that materially affect the
				moving party's rights:
1. Irregularity in the
				proceedings or any order or abuse of discretion by the administrative law judge
				that deprived a party of a fair hearing;
2. Misconduct by the Department,
				administrative law judge, or the prevailing party;
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 during
				the proceeding;
7. That the
				findings of fact or decision is arbitrary, capricious, or an abuse of
				discretion;
8. That the findings of
				fact or decision is not supported by the evidence or is contrary to
				law.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 13 - ADMINISTRATIVE PROCEDURES › Section R4-28-1313 - Correction of Clerical Mistakes

Current through Register Vol. 30, No. 28, July 12, 2024
Clerical mistakes in opinions, orders, rulings, any process
				  issued by the Department, or other parts of the record, and errors arising from
				  oversight or omission, may be corrected by the administrative law judge before
				  transmission of the Department hearing file to the Commissioner, or by the
				  Commissioner after transmission of the file, either upon the initiative of the
				  administrative law judge or Commissioner, or upon motion of any
				  party.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 30 - BOARD OF TECHNICAL REGISTRATION › Article 1 - GENERAL PROVISIONS › Section R4-30-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
The following definitions apply in this Chapter unless the
				  context otherwise requires:
1. "Act"
				means the Technical Registration Act, A.R.S. Title 32, Chapter 1.
2. "Active engagement" means actually
				practicing or providing architectural, engineering, geological, landscape
				architectural, or land surveying services.
3. "Bona fide employee" means:
a. Any person employed by a town, city,
				county, state, or federal agency working under the direction or supervision of
				a registrant;
b. Any person
				employed by a business entity and working under the direct supervision of a
				registrant who is also employed by the same business entity; or
c. Any person working under the direct
				supervision of a registrant who:
i. Receives
				direct wages from the registrant;
ii. Receives contract compensation from the
				registrant; or
iii. Receives direct
				wages from the project prime professional who has a contract with another
				registrant and whose work product is the responsibility of the latter
				registrant.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 30 - BOARD OF TECHNICAL REGISTRATION › Article 1 - GENERAL PROVISIONS › Section R4-30-106 - Fees

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Board shall
				charge the following fees:
1. A computer
				generated list of registrants for a non-commercial purpose is $0.25 per name,
				with a maximum fee of $300.00.
2. A
				computer generated list of registrants for a commercial purpose is $0.25 per
				name, with a minimum fee of $250.00.
3. The photocopy fee is $1.00 for up to three pages
				followed by a $0.25 fee for each additional page.
4. The replacement
				certificate fee for registrants and certificate holders is $10.00 per
				certificate.
5. The recording medium copy fee is $15.00 per
				recording.
6. The local examination review fee is $30.00 per
				hour.
7. The returned check fee is $25.00 per
				check.
8. The verification of
				registration or certification fee is $25.00 per verification.
9. The laminated pocket card fee is $10.00
				per card.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 30 - BOARD OF TECHNICAL REGISTRATION › Article 1 - GENERAL PROVISIONS › Section R4-30-107 - Registration and Certification Expiration Dates

Current through Register Vol. 30, No. 28, July 12, 2024
A. Registrants with triennial registration
				have expiration dates based on the date of initial registration. The following
				table indicates triennial registration renewal periods:
Initial Registration
Initial Triennial Renewal
Granted Date
Expiration Date
Jan. 1 through Mar. 31
Three years from Mar. 31
Apr. 1 through Jun. 30
Three years from Jun. 30
Jul. 1 through Sept. 30
Three years from Sept. 30
Oct. 1 through Dec. 31
Three years from Dec. 31
B.
				Subsequent triennial renewal dates will be three years from the initial
				triennial renewal expiration date.
C. All annual registrations and
				certifications expire one year from the date of issuance.
D. Alarm business certifications expire three
				years from the date the certification is granted and subsequently every three
				years thereafter.
E. Alarm
				controlling persons and alarm agent certifications expire three years from the
				date the certification was granted and subsequently every three years
				thereafter.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 30 - BOARD OF TECHNICAL REGISTRATION › Article 1 - GENERAL PROVISIONS › Section R4-30-120 - Complaint Review Process

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Board shall select a pool of volunteers who have submitted resumes and letters
				of interest to serve on enforcement advisory committees ("EACs"). The Executive
				Director shall select registrants and public members from the pool of
				volunteers to serve on the committees as needed. When practicable, each
				committee shall be comprised of one public member and a minimum of four
				registrants, at least one of whom is registered in the same category or branch
				as the respondent. The committee members shall provide technical assistance to
				Board staff in the evaluation and investigation of complaints. A quorum of
				three committee members is required for each committee meeting.
B. During the preliminary informal
				investigation of a complaint, registrants named as respondents may appear
				before an enforcement advisory committee ("EAC") relating to the complaint.
				Respondents may elect to appear with or without counsel. The committee shall
				attempt to assess the complaint and discuss the complaint with the respondent
				and others, if deemed necessary, and prepare a recommendation for disposition
				of the complaint.
C. Respondents
				are not required to participate in the enforcement advisory committee meeting
				and no inference shall be drawn from a respondent's decision not to
				attend.
D. If a respondent chooses
				not to attend the enforcement advisory committee meeting, the committee may
				meet and review information presented by staff and others and prepare a
				recommendation for disposition of the complaint.
E. The Board shall advise the respondent of
				the committee recommendation.
F.
				After the informal investigation has been completed, if the committee
				recommendation supports a determination that the complaint is unfounded, the
				recommendation shall be forwarded to the Board for review and final
				disposition.
G. In all cases where
				the advisory committee finds probable cause to believe that disciplinary action
				is warranted, the staff will attempt to resolve the complaint informally by
				obtaining a signed consent agreement from the respondent. The Board shall
				review the committee recommendation, staff recommendation, consent agreement,
				and, in the event a signed consent agreement cannot be obtained, any
				counterproposal from the respondent.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 30 - BOARD OF TECHNICAL REGISTRATION › Article 1 - GENERAL PROVISIONS › Section R4-30-121 - Investigation of Violations

Current through Register Vol. 30, No. 28, July 12, 2024
If any information concerning a possible violation of the Act
				  or any of these rules is received or obtained by the Board or Board staff, an
				  investigation shall be conducted prior to the initiation of formal proceedings.
				  Investigative reports, professional assessments, enforcement advisory committee
				  recommendations, and other documents and materials relating to an investigation
				  shall remain confidential until the matter is closed, until the issuance of a
				  hearing notice under A.R.S. §
									32-128,
				  or until the matter is settled by consent order; however, the Board shall
				  inform the respondent that an investigation is being conducted and explain the
				  general nature of the investigation. The respondent shall have access to a copy
				  of the complaint and any assessment or EAC reports drafted during the
				  investigation. The public may obtain information that an investigation is being
				  conducted and an explanation of the general nature of the investigation. The
				  Board may refer investigative information to other public agencies as
				  appropriate under the circumstances.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 30 - BOARD OF TECHNICAL REGISTRATION › Article 1 - GENERAL PROVISIONS › Section R4-30-122 - Issuance of Subpoenas

Current through Register Vol. 30, No. 28, July 12, 2024
Any party desiring the Board to issue a subpoena shall make
				  application, stating the substance of the testimony expected of the witness or
				  the relevancy of the evidence to be produced. If the testimony or evidence
				  appears to the Board to be material and necessary, a subpoena shall be
				  supplied. The affixing of the seal of the Board and the signature of the
				  Chairman, Secretary, Executive Director, shall be sufficient attestation of the
				  same. The party applying for the subpoena shall pay for service of the
				  subpoena. A party is considered served at the time of personal service or
				  mailing of the document by certified mail that is addressed to the person's
				  last known address of record on file with the Board.