reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 8 - WILDLIFE AREAS AND DEPARTMENT PROPERTY › Section R12-4-802 - Wildlife Area and Other Department Managed Property Restrictions

Current through Register Vol. 30, No. 28, July 12, 2024
A. No person shall
				violate the following restrictions on Wildlife Areas:
1. Alamo Wildlife Area (located in Units 16A
				and 44A):
a.
Posted portions closed
				  to all public entry.
b. Open to all hunting
				in season as permitted under
				R12-4-304
				and
				R12-4-318.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 9 - AQUATIC INVASIVE SPECIES › Section R12-4-901 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions provided under A.R.S.
				  §§
									5-301 and
				  17-255, the following definitions
				  apply to this Article, unless otherwise specified:
"Aquatic invasive species" means those species listed in
				  Director's Order 1.
"Certified agent" means a person who meets Department
				  standards to conduct inspections authorized under A.R.S. §
									17-255.01(C)(1).
"Conveyance" means a device designed to carry or transport
				  water. Conveyance includes, but is not limited to, dip buckets, water hauling
				  tanks, and water bladders.
"Equipment" means an item used either in or on water; or to
				  carry water. Equipment includes, but is not limited to, trailers used to launch
				  or retrieve watercraft, rafts, inner tubes, kick boards, anchors and anchor
				  lines, docks, dock cables and floats, buoys, beacons, wading boots, fishing
				  tackle, bait buckets, skin diving and scuba diving equipment, submersibles,
				  pumps, sea planes, and heavy construction equipment used in aquatic
				  environments.
"Operator" means a person who operates or is in actual
				  physical control of a watercraft, vehicle, conveyance or equipment.
"Owner" means a person who claims lawful possession of a
				  watercraft, vehicle, conveyance, or equipment.
"Person" has the same meaning as defined under A.R.S. §
									1-215.
"Release" means to place, plant, or cause to be placed or
				  planted in waters.
"Transporter" means a person responsible for the overland
				  movement of a watercraft, vehicle, conveyance, or equipment.
"Waters" means surface water of all sources, whether
				  perennial or intermittent, in streams, canyons, ravines, drainage systems,
				  canals, springs, lakes, marshes, reservoirs, ponds, and other bodies or
				  accumulations of natural, artificial, public or private waters situated wholly
				  or partly in or bordering this state.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 9 - AQUATIC INVASIVE SPECIES › Section R12-4-902 - Aquatic Invasive Species; Prohibitions; Inspection, Decontamination Protocols

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				person shall not, unless authorized under Article 4:
1. Possess, import, ship, or transport into
				or within this state an aquatic invasive species, unless authorized by the
				Director.
2. Sell, purchase, barter,
				or exchange in this state an aquatic invasive species.
3. Release an aquatic invasive species into
				waters or into any water treatment facility, water supply or water
				transportation facility, device or mechanism in this state.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 10 - OFF-HIGHWAY VEHICLES › Section R12-4-1001 - Minimum Standards for an Approved Off-highway Vehicle Educational Course

Current through Register Vol. 30, No. 28, July 12, 2024
The Department may approve an educational course of
				  instruction in basic off-highway vehicle (OHV) safety and environmental ethics,
				  provided the course meets the following minimum standards:
1. Course content. The course shall provide
				information regarding:
a. OHV
				safety;
b. Responsibilities of
				users of OHVs;
c. Use of an OHV in
				a manner that does not harm the natural terrain, plants, or animals;
d. Use of an OHV in a manner that minimizes
				air pollution; and
e. State
				statutes and rules regarding use of OHVs.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 10 - OFF-HIGHWAY VEHICLES › Section R12-4-1002 - Course-approval Procedure

Current through Register Vol. 30, No. 28, July 12, 2024
A. To
				obtain approval of an educational course of instruction in basic off-highway
				vehicle (OHV) safety and environmental ethics, the course provider shall submit
				an application to the Department's OHV Law Enforcement Program Manager using a
				form furnished by the Department. The provider shall include the following
				information on the application form:
1. Name
				of provider;
2. If the provider is
				not an individual, the name of the person who will maintain contact with the
				Department;
3. Business
				address;
4. Business email address;
				and
5. Business and contact
				telephone numbers.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 10 - OFF-HIGHWAY VEHICLES › Section R12-4-1003 - Fee for an Approved Course

Current through Register Vol. 30, No. 28, July 12, 2024
Under A.R.S. §
									28-1175(B),
				  the provider of an approved educational course of instruction in basic
				  off-highway vehicle safety and environmental ethics may collect a fee from each
				  participant that:
1. Is reasonable and
				commensurate for the course, and
2.
				Does not exceed $300.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 10 - OFF-HIGHWAY VEHICLES › Section R12-4-1004 - Off-highway Vehicle Sound-level Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
A. A peace officer who has reason to believe
				that an off-highway vehicle (OHV) is being operated in violation of A.R.S.
				§
									28-1179(A)(3)
				 may direct the operator to submit the OHV to
				an onsite test to measure the OHV's sound level. In accordance with A.R.S.
				§
									28-1179(A)(3),
				the sound level of an OHV shall be measured using the following procedures,
				which are incorporated by reference and are available for inspection at the
				Arizona Game and Fish Department, 5000 W. Carefree Highway, Phoenix, Arizona
				85086:
1. All terrain vehicle or motorcycle.
				Society of Automotive Engineers, J1287, Measurement of Exhaust Sound Pressure
				Levels of Stationary Motorcycles, April 2017, available from SAE International,
				400 Commonwealth Dr., Warrendale, PA 15096 or online at
www.sae.org
; and
2. Other OHV. International Organization for
				Standardization, ISO 5130:2007, Acoustics-Measurements of Sound Pressure Level
				Emitted by Stationary Road Vehicles, 2007, May 31, 2007 Edition 2, available
				from American National Standards Institute, Attention Customer Service
				Department, 25 W. 43rd St., 4th Floor, New York, NY 10056 or online at
www.iso.org
.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 10 - OFF-HIGHWAY VEHICLES › Section R12-4-1005 - Nonresident Off-highway Vehicle User Indicia

Current through Register Vol. 30, No. 28, July 12, 2024
A. The owner or operator of an all-terrain
				vehicle (ATV) or off-highway vehicle (OHV) as defined under A.R.S. §
									28-1171
				shall not operate the ATV or OHV off-highway in this state without an Arizona
				off-highway vehicle user indicia. This requirement only applies to an ATV or
				OHV that:
1. Is designed by the manufacturer
				primarily for travel over unimproved terrain.
2. Has an unladen weight of two thousand five
				hundred pounds or less.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 1 - GENERAL PROVISIONS › Section R12-5-102 - Computation or Extension of Time

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Computation of time. In computing any time period prescribed or allowed under
				this Chapter, except a time period prescribed under Article 2 of this Chapter,
				the Department shall exclude the day from which the designated time period
				begins to run. The computation of time includes intermediate Saturdays,
				Sundays, and legal holidays. The last day of the period is included unless it
				is a Saturday, Sunday, or legal holiday, in which event the period runs until
				the end of the next day that is not a Saturday, Sunday, or a legal holiday.
				When the time period is 10 days or less, the Department shall exclude
				Saturdays, Sundays, and legal holidays.
B. Extension of time. At the Commissioner's
				initiative, or upon request, the Commissioner may extend any time period to
				perform or complete any ordered or required action. The Commissioner shall
				extend a time period only if the person making a request shows good cause for
				the extension.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 1 - GENERAL PROVISIONS › Section R12-5-103 - Records; Correction of Errors; Public Docket; Removal of Records

Current through Register Vol. 30, No. 28, July 12, 2024
A. Record. The
				Department shall stamp every document and other object physically filed in the
				Department to record date and time of receipt. When a document is
				electronically filed, the electronic record shall serve to record the date and
				time of receipt. A filed document or other object constitutes a part of the
				record and is available for public inspection, except as prohibited by statute,
				at any time during the office hours of the Department.
B. Correction of errors. On the
				Commissioner's own initiative or upon request by a party, the Commissioner may
				correct a manifest typographical or clerical error in a decision, order,
				instrument, or other record of the Department resulting from oversight or
				omission. The Commissioner shall provide notice of any correction in the form
				the Commissioner deems appropriate.
C. Public docket. A person may obtain a copy
				of a public docket, maintained by the Department pursuant to A.R.S. §
									37-102(F),
				listing the matters pending before the Department by requesting a copy in
				person at the Phoenix Office or by mail or e-mail. The Department shall charge
				to cover the costs of copying a public docket in accordance with A.R.S. §
									39-121.01.
D. Removal of papers. A person shall not
				remove an instrument, document, or other paper or object on file with the
				Department from the Department, except as authorized by the Commissioner, the
				Commissioner's duly appointed deputy or employee or by order of a court of
				competent jurisdiction.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 1 - GENERAL PROVISIONS › Section R12-5-104 - Application Forms; Legal Status; Submission of Applications; Applications Confer No Rights

Current through Register Vol. 30, No. 28, July 12, 2024
A. Forms. A
				person shall submit an application, report, or other document required by
				statute or this Chapter to be filed with the Department upon a form prescribed
				by the Department. The Department shall accept for filing other instruments,
				such as corporation papers, liens or mortgages, powers of attorney, affidavits
				of heirship, death certificates, and other legal documents.
B. Required information as to legal status. A
				corporation, limited partnership, association, or other entity authorized to
				conduct business in this state that is applying to purchase, lease, or sublease
				State lands or any interest in State lands shall state in its application that
				it is authorized to conduct business in this state.
C. Submission of application, report,
				document, or other instrument. A person shall submit an application, report,
				document, or other instrument electronically or otherwise to the Department
				along with payment of any fee required fee.
D. Application confers no rights. A pending
				application to lease, purchase, or use State land confers no rights to the
				applicant.
1. The Department may allow a
				lessee who files a conflicted or non-conflicted application for renewal of an
				existing lease to remain in possession or continue to occupy or use the land in
				accordance with the provisions of the lease sought to be renewed until the
				application to renew is granted or denied if:
a. The rent is current;
b. The lessee is in possession, or otherwise
				occupies or uses the land; and
c.
				The lessee is in good standing under the lease sought to be renewed.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 1 - GENERAL PROVISIONS › Section R12-5-105 - Manner of Signing Documents before the Department

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person shall sign a document requiring
				signature in the same manner as the person's name appears of record with the
				Department or in the manner in which the person is requesting the Department
				issue a new document.
B. If a
				document is executed for the benefit of:
1.
				One individual, the document shall be signed by that individual or by an
				authorized representative of the individual;
2. More than one individual, the document
				shall be signed by each individual or by the individual's authorized
				representative; or
3. A business
				entity or an association of any kind, the document shall be signed by an
				authorized representative of the entity or association.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 1 - GENERAL PROVISIONS › Section R12-5-106 - Assignments; Subleases

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				person shall not assign or sublease any right, entitlement, or interest, in
				whole or in part, in State land, or possession, occupancy, or right to remove
				anything, in whole or in part, from State land unless:
1. The person has made application for the
				assignment or sublease; and
2. The
				Commissioner has approved the assignment or sublease in writing, unless a lease
				expressly permits otherwise.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 1 - GENERAL PROVISIONS › Section R12-5-107 - Fees; Remittances

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				person shall pay fees and other remittances, except for filing fees outlined in
				R12-5-1201,
				to the Department by cash, money order, bank draft, or check payable to the
				"Arizona State Land Department." A person shall pay filing fees pursuant to
				R12-5-1201 to
				the Department by cash, credit card, money order, bank draft, or check payable
				to the "Arizona State Land Department".
B. A person shall pay all billing statements
				issued by the Department, whether relating to rent, royalty, or other monies
				owed to the Department, within 30 days of the date of issuance, unless
				otherwise specified on the billing statement. If payment is not postmarked or
				is not electronically receipted on or before the close of business on the due
				date, the Department shall assess penalty and interest as required by law.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 1 - GENERAL PROVISIONS › Section R12-5-108 - Predecision Administrative Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
The Commissioner may initiate a predecision administrative
				  hearing to investigate an issue, gather information, or review facts to assist
				  the Commissioner in the decision-making process before issuing a decision on
				  any matter pending before the Department.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 1 - GENERAL PROVISIONS › Section R12-5-109 - Rejection of Hearing Request

Current through Register Vol. 30, No. 28, July 12, 2024
The Commissioner shall reject any request for a hearing under
				  A.R.S. Title 41, Chapter 6 that the Commissioner determines not to be subject
				  to A.R.S. Title 41, Chapter 6.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 2 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS FOR PROTESTING AUCTIONS BEFORE THE ARIZONA STATE LAND COMMISSIONER › Section R12-5-201 - Applicability

Current through Register Vol. 30, No. 28, July 12, 2024
This Article applies to a hearing resulting from a protest of
				  an auction pursuant to A.R.S. §
									37-301,
				  hereinafter referred to in this Article as "a hearing."
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 2 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS FOR PROTESTING AUCTIONS BEFORE THE ARIZONA STATE LAND COMMISSIONER › Section R12-5-202 - Appointment of Hearing Officer

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The Commissioner may serve as the hearing officer or may appoint a hearing
				officer to conduct a hearing under A.R.S. §
									37-301.
B. If a hearing officer, for any reason,
				cannot continue to preside at the hearing, the Commissioner shall appoint a new
				hearing officer.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 2 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS FOR PROTESTING AUCTIONS BEFORE THE ARIZONA STATE LAND COMMISSIONER › Section R12-5-203 - Ex Parte Communications

Current through Register Vol. 30, No. 28, July 12, 2024
A party shall not communicate on matters substantive to the
				  hearing, either directly or indirectly, with the hearing officer, the
				  Commissioner, the Deputy Commissioner, or any member of the Commissioner's
				  staff involved in the decision-making process unless:
1. All parties are present; or
2. It is during a scheduled proceeding where
				an absent party fails to appear after proper notice under
				R12-5-210.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 2 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS FOR PROTESTING AUCTIONS BEFORE THE ARIZONA STATE LAND COMMISSIONER › Section R12-5-204 - Failure to Appear

Current through Register Vol. 30, No. 28, July 12, 2024
If a party fails to appear at a hearing, the hearing officer
				  may vacate the hearing or allow the appearing party to present
				  evidence.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 2 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS FOR PROTESTING AUCTIONS BEFORE THE ARIZONA STATE LAND COMMISSIONER › Section R12-5-205 - Representation

Current through Register Vol. 30, No. 28, July 12, 2024
A party may participate in a hearing in person or through an
				  attorney, except that a corporation shall be represented by an attorney. A
				  partnership may appear through any partner, an association through a key
				  administrator or other executive officer, and an agency or a political
				  subdivision or unit of a political subdivision may appear through an
				  employee.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 2 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS FOR PROTESTING AUCTIONS BEFORE THE ARIZONA STATE LAND COMMISSIONER › Section R12-5-206 - Notice of Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. Upon
				determination by the Commissioner that a hearing will be held, the Department
				shall issue a notice of hearing that contains:
1. A caption referencing the Department's
				case number, a brief description of the matter to be heard, the name or names
				of the parties and their status, or both;
2. The date, time, and place of the
				hearing;
3. A reference to the
				particular sections of the statutes and rules under which the hearing is to be
				held;
4. A short, plain statement
				of the matter to be heard;
5. The
				name, mailing address, and telephone number of the hearing officer;
6. The names and mailing addresses of persons
				to whom notice is being given; and
7. Any other information required by statute
				or rule.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 2 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS FOR PROTESTING AUCTIONS BEFORE THE ARIZONA STATE LAND COMMISSIONER › Section R12-5-207 - Hearing Record

Current through Register Vol. 30, No. 28, July 12, 2024
A. After the
				notice of hearing is issued, the hearing file shall be available for inspection
				at the Department's Public Records Office, Phoenix, during regular business
				hours.
B. Hearings shall be
				electronically recorded or stenographically reported by the Department. The
				hearing officer shall designate the official record of the proceedings. If a
				hearing is recorded electronically, the tapes shall be available for review in
				the Department's Public Records Office, Phoenix, during regular business hours.
				The cost for copies of tapes shall be paid by the person requesting them. The
				Department shall maintain the original transcript of the official record of the
				proceeding, if available, as part of the hearing file.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 2 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS FOR PROTESTING AUCTIONS BEFORE THE ARIZONA STATE LAND COMMISSIONER › Section R12-5-208 - Consolidation

Current through Register Vol. 30, No. 28, July 12, 2024
When multiple protests of the same auction are pending before
				  the Department, the Department may consolidate the protests into a single
				  hearing.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 2 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS FOR PROTESTING AUCTIONS BEFORE THE ARIZONA STATE LAND COMMISSIONER › Section R12-5-209 - Filing

Current through Register Vol. 30, No. 28, July 12, 2024
All papers filed with the Department in a hearing shall be
				  typewritten or legibly written on paper no larger than 8 1/2 by 11 inches,
				  include the name and address of the party or individual filing the paper, be
				  properly captioned and designate the title and case number, state the name and
				  address of each party served with a copy, and be signed by the party or, if
				  represented, by the party's attorney. The signature certifies that the signer
				  has read the paper, that to the best of the signer's knowledge, information,
				  and belief there is good ground to support its contents, and that it is not
				  filed for delay.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 2 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS FOR PROTESTING AUCTIONS BEFORE THE ARIZONA STATE LAND COMMISSIONER › Section R12-5-210 - Service; Proof of Service

Current through Register Vol. 30, No. 28, July 12, 2024
A. After a
				notice of hearing is issued, a copy of every paper filed by a party, or person
				seeking to intervene, shall be served on all parties to the hearing, or the
				party's counsel if the party is represented, at the same time the paper is
				filed. Service is complete at the time of personal service or on the date
				mailed if served by certified or regular mail addressed to the last address of
				record in the hearing file.
B. The
				following is evidence that service is complete:
1. If personally served, an affidavit of
				personal service, sworn to by the person serving the paper and stating that the
				server personally served the paper on the person to whom it was directed, where
				service was made, and the date of service;
2. If served by certified mail, the return
				receipt signed by the party served or someone authorized to act on behalf of
				the party served; or
3. If served
				by regular mail, either a statement subscribed on the paper filed with the
				Department, or an affidavit indicating the date mailed and listing those to
				whom it was mailed.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 2 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS FOR PROTESTING AUCTIONS BEFORE THE ARIZONA STATE LAND COMMISSIONER › Section R12-5-211 - Subpoenas

Current through Register Vol. 30, No. 28, July 12, 2024
A. The hearing
				officer may issue subpoenas for witnesses to appear and testify at the hearing
				or to produce books, records, documents, and other evidence, or both, on the
				hearing officer's own volition or at the request of a party.
B. A request for a hearing subpoena shall be
				in writing, filed with the hearing officer, and served on each party at least
				seven days before the date set for hearing and state:
1. The caption of the hearing, the case
				number, and the date, time, and place where the witness is expected to appear
				and testify;
2. The name and
				address of the witness or custodian of records subpoenaed; and
3. The documents subpoenaed, if
				any.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 2 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS FOR PROTESTING AUCTIONS BEFORE THE ARIZONA STATE LAND COMMISSIONER › Section R12-5-212 - Procedure at Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. The hearing
				officer shall preside over the hearing and shall give all parties the
				opportunity to testify, respond, present evidence, argument, and witnesses,
				conduct examination and cross-examination, and submit rebuttal evidence. The
				hearing may be conducted in an informal manner and without adherence to the
				rules of evidence required in judicial proceedings. The hearing officer shall
				make rulings necessary to prevent argumentative, repetitive, or irrelevant
				questioning and to expedite questioning to the extent consistent with the
				disclosure of all relevant testimony and information.
B. If all parties agree; and if each party
				has an opportunity to participate in the entire proceeding, the hearing officer
				may conduct all or part of the hearing by telephone or other electronic
				means.
C. A hearing is open to the
				public, except if the hearing is required to be closed according to an express
				provision of law. The Department shall make a hearing conducted by telephone or
				other electronic means available to the public by the opportunity to view or
				listen to the tape of the hearing, and to inspect any transcript of the hearing
				that has been prepared and filed with the Department.
D. The hearing officer may exclude from
				participation or observation a person whose conduct at the hearing is
				disruptive or shows contempt for the proceedings.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 2 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS FOR PROTESTING AUCTIONS BEFORE THE ARIZONA STATE LAND COMMISSIONER › Section R12-5-213 - Evidence

Current through Register Vol. 30, No. 28, July 12, 2024
A. All witnesses
				shall testify under oath or affirmation. All parties shall have the right to
				present oral or documentary evidence and to conduct cross-examination as
				required for a full and true disclosure of the facts. The hearing officer shall
				receive evidence, rule upon offers of proof, and exclude evidence the hearing
				officer determines to be irrelevant, immaterial, or unduly repetitious. The
				hearing officer shall admit the kind of evidence on which reasonably prudent
				people would rely, even if the evidence would be inadmissible in a civil court
				trial.
B. Unless otherwise ordered
				by the hearing officer, a party shall not present documentary evidence larger
				than 8 1/2 by 11 inches. The submitting party shall identify documentary
				exhibits by number or letter and party and shall furnish a copy of each exhibit
				to each party present. If evidence offered by a party appears in a larger work
				that contains other information, the party shall plainly designate the portion
				offered. If the evidence offered is in a volume of a length that would
				unnecessarily encumber the record, the hearing officer shall not receive the
				book, paper, or document in evidence but the evidence may be marked for
				identification and, if properly authenticated, the designated portion may be
				read into or photocopied for the record. All documentary evidence offered is
				subject to appropriate and timely objection.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 2 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS FOR PROTESTING AUCTIONS BEFORE THE ARIZONA STATE LAND COMMISSIONER › Section R12-5-214 - Judicial Notice; Technical Facts

Current through Register Vol. 30, No. 28, July 12, 2024
When conducting a hearing, the hearing officer may take
				  notice of judicially cognizable facts as permitted under the Arizona Rules of
				  Evidence. The Commissioner or the hearing officer may take judicial notice of
				  generally recognized technical or scientific facts within the Commissioner's,
				  the hearing officer's, or the Department's specialized knowledge. The
				  Commissioner or the hearing officer may use experience, technical competence,
				  and specialized knowledge in the evaluation of any information and evidence
				  submitted in a hearing.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 2 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS FOR PROTESTING AUCTIONS BEFORE THE ARIZONA STATE LAND COMMISSIONER › Section R12-5-215 - Stipulations

Current through Register Vol. 30, No. 28, July 12, 2024
Parties to a hearing may agree, in writing, to any issue
				  addressed in the hearing, including matters of procedure, subject to the
				  approval of the hearing officer. If approved by the hearing officer, an
				  agreement on matters of procedure or substance is binding upon the parties to
				  the stipulation. The hearing officer may require presentation of evidence for
				  proof of stipulated facts. No agreement by the parties on substantive matters
				  is binding upon the Department unless incorporated into the decision of the
				  Commissioner.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 2 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS FOR PROTESTING AUCTIONS BEFORE THE ARIZONA STATE LAND COMMISSIONER › Section R12-5-216 - Recommended Decision

Current through Register Vol. 30, No. 28, July 12, 2024
If a hearing officer other than the Commissioner presides at
				  a hearing, the hearing officer shall prepare a recommended decision for the
				  Commissioner within 10 days of the close of the hearing, or no later than eight
				  days before the auction date, whichever is earlier.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 2 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS FOR PROTESTING AUCTIONS BEFORE THE ARIZONA STATE LAND COMMISSIONER › Section R12-5-217 - Decision

Current through Register Vol. 30, No. 28, July 12, 2024
The Commissioner's decision shall include separate findings
				  of fact and conclusions of law. The Commissioner's decision shall also include
				  policy reasons for the decision if it is an exercise of the Commissioner's
				  discretion, including the reason for the remedy ordered.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 2 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS FOR PROTESTING AUCTIONS BEFORE THE ARIZONA STATE LAND COMMISSIONER › Section R12-5-218 - Rehearing of Decision

Current through Register Vol. 30, No. 28, July 12, 2024
A. As
				specified A.R.S. §
									37-301(C),
				a request for rehearing shall be filed with the State Land Commissioner, State
				Land Department, Phoenix, and shall specify the particular grounds for
				rehearing. A rehearing of the decision may be granted for any of the following
				reasons materially affecting the requesting party's rights:
1. Irregularity in the proceedings or any
				order or abuse of discretion that deprived the requesting party of a fair
				hearing;
2. Misconduct of the
				Commissioner, Departmental employees, the hearing officer, 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 remedies;
6. Error in
				the admission or rejection of evidence or other errors of law; or
7. The decision is not justified by the
				evidence or is contrary to law.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 4 - SALES › Section R12-5-402 - Conditions for Filing Application

Current through Register Vol. 30, No. 28, July 12, 2024
A. An application shall cover only one
				section or subdivision thereof.
B.
				When the application is made by one claiming a right to reimbursement for
				improvements placed upon state land, the applicant shall attach a list of the
				improvements placed or made upon said lands.
C. The applicant to purchase state land shall
				deposit an amount of money sufficient to pay the expense incidental to bringing
				a parcel of land to sale when the Department determines that the benefit to be
				derived from the sale is less than the expense involved.
D. An application to purchase state land
				cannot be withdrawn without the approval of the Commissioner.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 4 - SALES › Section R12-5-404 - Responsibility of the Purchaser

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				recording of a Certificate of Purchase and/or Patent with the County Recorder
				of the County in which the lands are located.
B. Payment of the taxes, water assessments
				and other charges which may be assessed against the land.
C. Protection of the lands against any loss
				or waste to or upon the lands.
D.
				To maintain any right to the use of water appurtenant to the land against
				forfeiture or abandonment of the right.
E. File a report with the State Land
				Commissioner of the sale of any sand, gravel, stone or other natural product
				from the land.
F. Acquire the
				consent of the Department prior to granting a right- of-way on the
				land.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 4 - SALES › Section R12-5-405 - Evidence of Taxes and Assessments Being Paid; Extension of Time to Pay

Current through Register Vol. 30, No. 28, July 12, 2024
A. A holder of a
				Certificate of Purchase shall include, with the annual payments of principal
				and interest for the certificate of purchase, proof that taxes and any other
				assessments have been paid for the current year.
B. An extension of time to pay an annual
				installment of principal or interest shall be made in accordance with
				R12-5-102(B).
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 4 - SALES › Section R12-5-406 - Assignment of a Certificate of Purchase

Current through Register Vol. 30, No. 28, July 12, 2024
A. The transfer of a Certificate of Purchase
				will be made only upon the filing of an "Application to Assign and Assumption
				of Certificate of Purchase" form which will be supplied by this
				Department.
B. An application to
				assign and assumption of a Certificate of Purchase will not be approved:
1. When the annual payments are found to be
				in arrears.
2. When taxes are found
				to be in arrears.
3. When the
				release or satisfaction of a lien or mortgage filed with the Department has not
				been submitted with said application.
4. When affidavit of citizenship in the
				United States and/or statement of authorization to do business in the state of
				Arizona has not been submitted with said application.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 4 - SALES › Section R12-5-408 - Partial Patent

Current through Register Vol. 30, No. 28, July 12, 2024
A. As used in
				this Section, a "partial patent" means a patent for less than the entire tract
				covered under a Certificate of Purchase. The holder of a Certificate of
				Purchase applying to the Department for a partial patent of lands under a
				Certificate of Purchase, shall provide to the Department the following at the
				time of application:
1. Appropriate filing fee
				as required under A.R.S. § 37-108(A)(9)(c).
2. A copy of a receipt from the County
				Treasurer for the county where the land under application for partial patent is
				located, showing that the taxes are currently paid on both the parcel of land
				under application for partial patent and any lands remaining under the
				Certificate of Purchase.
3. A
				written land legal description and a survey plat (drawing size 17" x 26")
				issued by a land surveyor, registered in Arizona, of the lands covered by the
				Certificate of Purchase, including the lands described in the application for
				partial patent. The written land legal description and the survey plat shall be
				provided in paper format and a digital format specified in the
				application.
4. A proposed
				development plan showing the lands, including lands under the proposed partial
				patent, covered by the Certificate of Purchase and information as to how the
				proposed development plan will be implemented in compliance with City or County
				ordinances and regulations. The development plan shall contain proposed
				densities, unit breakdown, and approved or proposed zoning district
				classifications.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 4 - SALES › Section R12-5-412 - Expired

Current through Register Vol. 30, No. 28, July 12, 2024
The following
				  Section was amended by emergency rulemaking effective December 20, 2002 to
				  November 18, 2003. The State Land Department filed a rulemaking package for the
				  permanent Section October 8, 2003, without requesting an immediate effective
				  date. The effective date of the permanent rule would have been December 7,
				  2003, creating a three-week "window" during which neither the emergency rule
				  nor the amended permanent rule would have been in effect. To avoid this, the
				  Department refiled the permanent rule with the Governor's Regulatory Review
				  Council, this time requesting an immediate effective date. G.R.R.C. approved
				  the refiled rule and filed it with the Secretary of State November 4, 2003,
				  thereby resolving the issue (Supp.
				  03-4).
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 4 - SALES › Section R12-5-413 - Real Estate Broker Commissions

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The Commissioner may offer a commission for the sale or long-term commercial
				lease of state land at public auction. In determining whether to offer a
				commission for the sale or long-term commercial lease of state land at public
				auction, the Commissioner shall consider the following factors:
1. The appraised value of the parcel being
				offered,
2. The location and size
				of the parcel being offered,
3. The
				terms of the sale or lease,
4. The
				marketability of the land, and
5.
				The best interest of the State Trust.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 5 - LEASES › Section R12-5-505 - Time for Filing Conflicting Applications

Current through Register Vol. 30, No. 28, July 12, 2024
A. Unleased land. If an application is filed
				on unleased land, and a proposed lease, permit, or right-of-way document is
				offered to an applicant for review and signature, the Department shall not
				accept another application for the same purpose.
B. Land under lease for the same purpose. The
				Department shall not accept a conflicting application for a lease unless the
				application is filed within the time prescribed by A.R.S. §
									37-284.
C. Land under permit for the same purpose
				where the use is exclusive. An applicant shall file a conflicting application
				for a permit on land for the same purpose within 60 days before expiration of
				the existing permit.
D. For the
				purpose of this Article, conflicting applications are defined as two or more
				applications to lease State Trust surface land for the same purpose or two or
				more permit applications to use State Trust surface land for the same
				purpose.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 5 - LEASES › Section R12-5-506 - Procedure in Processing Conflicting Applications

Current through Register Vol. 30, No. 28, July 12, 2024
A. If two or more applicants apply for a
				lease or permit on the same land for the same purpose, the Department shall
				send a Notice of Conflicting Applications to each applicant requiring each
				applicant to submit to the Department a statement of equities containing the
				basis of the applicant's claim to the lease or permit and to serve a copy upon
				the other applicants within 30 days from the date of the Department's Notice,
				unless the time is extended by the Department or by stipulation of the
				applicants. If an applicant fails to submit a statement of equities, the
				Department may examine evidence or records, or review testimony from a hearing
				conducted under subsection (E)(2) and make a decision regarding the conflicting
				applications. The Department shall make its decision regarding an application
				filed for lease or permit under this Section in the best interest of the
				Trust.
B. An applicant shall have
				the statement of equities verified under oath before an officer authorized
				under the laws of this state to administer oaths, or sign the statement of
				equities accompanied by a certification under penalty of perjury that the
				information contained in the statement of equities is to the best of the
				applicant's knowledge and belief, true, correct, and complete. The statement of
				equities shall include information related to the factors considered under
				subsection (D).
C. An applicant,
				within 10 days from the date of receipt of the statement of equities of another
				applicant, may file with the Department and if filed, shall serve upon other
				applicants, a response to the other applicant's statement of
				equities.
D. In conducting an
				investigation and review, the Department shall consider the following factors:
1. An offer to pay more than appraised rental
				as an equity, if the Department determines not to go to bid on the
				conflict;
2. Whether the
				applicant's proposed land use or land management plan is beneficial to the
				Trust;
3. The applicant's access to
				or control of facilities or resources necessary to accomplish the proposed
				use;
4. The applicant's willingness
				to reimburse the owner of reimbursable non-removable improvements;
5. The applicant's previous management of
				land leases, land management plans, or any history of land or resource
				management activities on private or leased lands;
6. The applicant's experience associated with
				the proposed use of land;
7. Impact
				of the proposed use on future utility and income potential of the
				land;
8. Impact to surrounding
				state land;
9. Recommendations of
				the Department's staff; and
10. Any
				other considerations in the best interest of the Trust.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 5 - LEASES › Section R12-5-508 - Application Confers No Right to Land

Current through Register Vol. 30, No. 28, July 12, 2024
An application or permit for state land confers no right of
				  occupancy, possession or use of said land until a lease or permit is issued
				  thereunder or permission is granted in writing by the Commissioner. Provided,
				  however, a prior lessee or permittee may occupy and use said land pending
				  action on his application for renewal. In the event that the prior lessee or
				  permittee should not be awarded a renewed lease or permit, the Commissioner may
				  assess and collect from said lessee or permittee the reasonable value of the
				  use of said land pending action upon the application to renew said lease or
				  permit.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 5 - LEASES › Section R12-5-512 - Assignments

Current through Register Vol. 30, No. 28, July 12, 2024
A. A lessee or
				permittee of state lands not in default in his rentals and who has kept and
				performed all the conditions of his lease or permit may, but only with the
				written consent of the Commissioner, assign such lease or permit.
1. Application for assignment shall be made
				on the appropriate form prescribed by the Commissioner.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 5 - LEASES › Section R12-5-513 - Manner of Assignments

Current through Register Vol. 30, No. 28, July 12, 2024
Except as otherwise provided by law or these rules and
				  regulations, assignments may be for all or part of the lands covered by a lease
				  or permit. An application for assignment by the lessee or permittee, together
				  with an application for transfer and assumption of lease or permit shall be
				  submitted upon forms furnished and approved by the Commissioner. The
				  applications shall be accompanied by the required fees, together with the lease
				  or permit being assigned. The application for such assignment and the
				  application for transfer and assumption of a lease or permit shall be signed by
				  the parties as provided in these rules and regulations and acknowledged before
				  a notary public or other officer authorized to administer oaths. The
				  Commissioner shall indicate on the application to assign and application for
				  transfer and assumption of lease or permit his approval or disapproval of the
				  application, which action shall be made of record by the Commissioner.
In the event the assignment is a partial assignment and only
				  covers a part of the leased or permitted lands, the description of the lands
				  being transferred must be by legal subdivision or by metes and bounds based on
				  an actual survey upon which acreage can be determined, together with a map or
				  such survey if required by the Commissioner; otherwise no approval to said
				  assignment and assumption will be granted by the Commissioner. An assignment
				  may be only for a divided or undivided interest.
No assignment shall be made without the consent of all
				  parties of record in the State Land Department in writing who may have a lien
				  or encumbrance upon the lessee's or permittee's interest in said lease or
				  permit.
Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 5 - State Land Department › Article 5 - LEASES › Section R12-5-517 - Rentals

Current through Register Vol. 30, No. 28, July 12, 2024
Rentals for leases and permits shall be as hereinafter fixed.
				  All rentals must be paid annually in advance, except as may be provided in the
				  lease or permit or otherwise authorized and directed in writing by the
				  Commissioner.