reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 26 - BOARD OF PSYCHOLOGIST EXAMINERS › Article 4 - BEHAVIOR ANALYSTS › Section R4-26-408 - License Renewal

Current through Register Vol. 30, No. 28, July 12, 2024
A. A license issued
				by the Board, whether active or inactive, expires on the last day of a
				licensee's birth month during the licensee's renewal year.
B. The Board shall provide a licensee with 60
				days' notice of the license renewal deadline. Failure to receive the notice
				does not excuse failure to renew timely.
C. To renew a license, a licensee shall, on
				or before the last day of the licensee's birth month during the licensee's
				renewal year, submit to the Board a renewal application form, which is
				available from the Board office and on its website.
D. Additionally, to renew a license, a
				licensee shall submit:
1. The license renewal
				fee required under
				R4-26-402;
2. A copy of a valid fingerprint clearance
				card issued by the Department of Public Safety under A.R.S. Title 41, Chapter
				12, Article 3.1; and
3. If the documentation
				previously submitted under
				R4-26-404(B) was a
				limited form of work authorization issued by the federal government, evidence
				that the work authorization has not expired.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 26 - BOARD OF PSYCHOLOGIST EXAMINERS › Article 4 - BEHAVIOR ANALYSTS › Section R4-26-410 - Voluntary Inactive Status

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				licensed behavior analyst may request that the Board place the license on
				inactive status for one of the following reasons:
1. The behavior analyst no longer provides
				behavior analysis services in Arizona,
2. The behavior analyst is retired,
				or
3. The behavior analyst is
				physically or mentally incapacitated or otherwise disabled.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 26 - BOARD OF PSYCHOLOGIST EXAMINERS › Article 4 - BEHAVIOR ANALYSTS › Section R4-26-411 - License Reinstatement

Current through Register Vol. 30, No. 28, July 12, 2024
A licensee seeking reinstatement from an inactive to an
				  active license shall:
1. Comply with
				the provisions of
				R4-26-408(C) and
				(D);
2. Submit evidence of completing a pro-rated
				number of hours of continuing education. The licensee shall calculate the
				number of continuing education hours required by multiplying the number of
				whole months that the license was on inactive status by 1.25; and
3. Complete any other requirements the Board
				determines are necessary to ensure that the licensee has maintained and updated
				the licensee's ability to practice as a behavior analyst.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 26 - BOARD OF PSYCHOLOGIST EXAMINERS › Article 4 - BEHAVIOR ANALYSTS › Section R4-26-412 - Client Records

Current through Register Vol. 30, No. 28, July 12, 2024
A. A licensee
				shall not condition release of a client's record on payment for services by the
				client or a third party.
B. A
				licensee shall release a client's raw test data to another licensed behavior
				analyst only after obtaining the client's informed, written consent to the
				release. Without a client's informed, written consent, a licensee shall release
				the client's raw test data only to the extent required by law or under court
				order compelling production.
C. A
				licensee shall retain all client records under the licensee's control for at
				least six years from the date of the last client activity. If a client is a
				minor, the licensee shall retain the client's record for at least three years
				past the client's 18th birthday or six years from the date of the last client
				activity, whichever is longer.
D.
				Audio or video tapes created primarily for training or supervisory purposes are
				exempt from the requirement of subsection (C).
E. A licensee who is notified by the Board or
				municipal, state, or federal officials of an investigation or pending case
				shall retain all records relating to the investigation or case until the
				licensee receives written notice that the investigation is complete or the case
				is closed.
F. A licensee may retain
				client records in electronic form. The licensee shall ensure that client
				records in electronic form are stored securely and a backup copy is
				maintained.
G. The provisions of
				this Section apply to all licensees including those on inactive
				status.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 26 - BOARD OF PSYCHOLOGIST EXAMINERS › Article 4 - BEHAVIOR ANALYSTS › Section R4-26-413 - Change of Name, Mailing Address, E-mail Address, or Telephone Number

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Board shall
				communicate with a licensee using the contact information provided to the
				Board. To ensure timely communication from the Board, a licensee shall notify
				the Board, in writing, within 30 days of any change of name, mailing address,
				e-mail address, or residential or business telephone number.
B. A licensee who reports a name change shall
				submit to the Board legal documentation that explains the name
				change.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 26 - BOARD OF PSYCHOLOGIST EXAMINERS › Article 4 - BEHAVIOR ANALYSTS › Section R4-26-414 - Complaints and Investigations

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Anyone, including the Board, may file a complaint. A complainant shall ensure
				that a complaint filed with the Board involves:
1. An individual licensed under this Article;
				or
2. An individual, including an
				applicant, believed to be engaged in the unlicensed practice of behavior
				analysis.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 26 - BOARD OF PSYCHOLOGIST EXAMINERS › Article 4 - BEHAVIOR ANALYSTS › Section R4-26-415 - Informal Interview

Current through Register Vol. 30, No. 28, July 12, 2024
A. As
				authorized by A.R.S. §
									32-2091.09,
				the Board may facilitate investigation of a complaint by conducting an informal
				interview. The Board shall send written notice of an informal interview to the
				individual who is the subject of the complaint, by personal service or
				certified mail, return receipt requested, at least 30 days before the informal
				interview.
B. The Board shall
				ensure that the written notice of informal interview contains the following
				information:
1. The time, date, and place of
				the informal interview;
2. An
				explanation of the informal nature of the proceedings;
3. The individual's right to appear with
				legal counsel who is authorized to practice law in Arizona or without legal
				counsel;
4. A statement of the
				allegations and issues involved with a citation to relevant statutes and
				rules;
5. The individual's right to
				a formal hearing under A.R.S. Title 41, Chapter 6, Article 10 instead of the
				informal interview;
6. The
				licensee's right, as specified in A.R.S. §
										32-3206,
				to request a copy of information the Board will consider in making its
				determination; and
7. Notice that
				the Board may take disciplinary action as a result of the informal interview if
				it finds the individual violated A.R.S. Title 32, Chapter 19.1, Article 4, or
				this Article;
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 26 - BOARD OF PSYCHOLOGIST EXAMINERS › Article 4 - BEHAVIOR ANALYSTS › Section R4-26-416 - Rehearing or Review of Decision

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The Board shall provide for a rehearing and review of its decisions under
				A.R.S. Title 41, Chapter 6, Article 10.
B. Except as provided in subsection (H), a
				party is required to file a motion for rehearing or review of a decision of the
				Board to exhaust the party's administrative remedies.
C. A party may amend a motion for rehearing
				or review at any time before the Board rules on the motion.
D. The Board may grant a rehearing or review
				for any of the following reasons materially affecting a party's rights:
1. Irregularity in the proceedings of the
				Board or any order or abuse of discretion that deprived the moving party of a
				fair hearing;
2. Misconduct of the
				Board, its staff, or an administrative law judge;
3. Accident or surprise that could not have
				been prevented by ordinary prudence;
4. Newly discovered material evidence that
				could not, with reasonable diligence, have been discovered and produced at the
				hearing;
5. Excessive or
				insufficient penalty;
6. Error in
				the admission or rejection of evidence or other errors of law occurring at the
				hearing or during the progress of the proceedings; and
7. The findings of fact or a decision is not
				justified by the evidence or is contrary to law.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 26 - BOARD OF PSYCHOLOGIST EXAMINERS › Article 4 - BEHAVIOR ANALYSTS › Section R4-26-417 - Licensing Time Frames

Current through Register Vol. 30, No. 28, July 12, 2024
A. For the purpose
				of A.R.S. §
									41-1073, the Board establishes the
				following time frames:
1. Initial license.
a. Overall time frame: 120 days,
b. Administrative completeness review time
				frame: 30 days, and
c. Substantive
				review time frame: 90 days;
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 26 - BOARD OF PSYCHOLOGIST EXAMINERS › Article 4 - BEHAVIOR ANALYSTS › Section R4-26-418 - Mandatory Reporting Requirement

Current through Register Vol. 30, No. 28, July 12, 2024
A. As required by A.R.S. §
									32-3208,
				an applicant or licensee who is charged with a misdemeanor involving conduct
				that may affect client safety or a felony shall provide written notice of the
				charge to the Board within 10 days after the charge is filed.
B. A list of reportable misdemeanors is
				available on the Board's website.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 27 - RECODIFIED

Current through Register Vol. 30, No. 28, July 12, 2024
Title 4, Chapter 27, the
			 rules of the Department of Racing, has been recodified to Title 19, Chapter 2
			 pursuant to A.A.C.
			 R1-1-102
			 (Supp. 95-1).
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 1 - GENERAL PROVISIONS › Section R4-28-102 - Document Filing; Computation of Time

Current through Register Vol. 30, No. 28, July 12, 2024
A. All documents shall be considered filed on
				the date received by the Department. An original or renewal application
				postmarked on or before the end of the application or renewal deadline shall be
				considered timely.
B. In computing
				any period of time allowed by these rules or by an order of the Commissioner,
				the day of the act, event, or default from which the designated period of time
				begins to run is not included. The last day of the period is included unless it
				is Saturday, Sunday, or a legal holiday in which event the period runs until
				the end of the next day that is not a Saturday, Sunday, or legal holiday.
				Unless the time period is specified as calendar days, when the period of time
				allowed is less than 11 days, intermediate Saturdays, Sundays, and legal
				holidays are excluded from the computation.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 1 - GENERAL PROVISIONS › Section R4-28-103 - Licensing Time-frames

Current through Register Vol. 30, No. 28, July 12, 2024
A. Overall
				time-frame. The Department shall issue or deny a license within the overall
				time-frames listed in Table 1 after receipt of a complete application. The
				overall time-frame is the total of the number of days provided for in the
				administrative completeness review and the substantive review.
B. Administrative completeness review.
1. The applicable administrative completeness
				review time-frame established in Table 1 begins on the date the Department
				receives the application. The Department shall notify the applicant in writing
				within the administrative completeness review time-frame whether the
				application is incomplete. The notice shall specify what information is
				missing. If the Department does not provide notice to the applicant, the
				license application shall be considered complete.
2. An applicant with an incomplete license
				application shall supply the missing information within the completion request
				period established in Table 1. The administrative completeness review
				time-frame is suspended from the date the Department mails the notice of
				missing information to the applicant until the date the Department receives the
				information.
3. If the applicant
				fails to submit the missing information before expiration of the completion
				request period, the Department shall close the file, unless the applicant
				requests an extension in writing from the Department before expiration of the
				Response to Completion Request period in Table 1. The Department shall grant
				the applicant one extension for the number of days identified as the Response
				to Completion Request period for the type of license. An applicant whose file
				has been closed may obtain a license by submitting a new application.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 1 - GENERAL PROVISIONS › Section R4-28-104 - Development Inspection Fee

Current through Register Vol. 30, No. 28, July 12, 2024
A fee shall be charged for a development site inspection
				  pursuant to A.R.S. §§
									32-2182,
				  32-2194.02,
				  32-2195.02,
				  32-2197.05,
				  and
				  32-2198.04,
				  before or after issuance of a public report. Multiple inspections and fees may
				  be required based on development circumstances.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 3 - LICENSURE › Section R4-28-301 - General License Requirements; Non-resident License

Current through Register Vol. 30, No. 28, July 12, 2024
A. An applicant for any Department-issued
				license or license renewal including, if an entity, any officer, director,
				member, manager, partner, owner, trust beneficiary holding 10% or more
				beneficial interest, stockholder owning 10% or more stock, or other person
				exercising control of the entity, shall submit the following information to the
				Department:
1. A signed original licensure or
				renewal questionnaire, as applicable, disclosing any:
a. Conviction for a misdemeanor or felony, or
				deferral of a judgment or sentencing for a misdemeanor or felony;
b. Order, judgment, or adverse decision
				entered against the applicant involving fraud or dishonesty, or involving the
				conduct of any business or transaction in real estate, cemetery property,
				time-share intervals, membership camping contracts, or campgrounds;
c. Restriction, suspension, or revocation of
				a professional or occupational license, or registration currently or previously
				held by the applicant in any state, district, or possession of the United
				States or under authority of any federal or state agency; any civil penalty
				imposed under the license, or any denial of a license; or
d. Order, judgment, or decree permanently or
				temporarily enjoining the applicant from engaging in or continuing any conduct
				or practice in connection with the sale or purchase of real estate or cemetery
				property, time-share intervals, membership camping contracts, campgrounds,
				securities, or involving consumer fraud or violation of the racketeering laws
				by the applicant, or payment from a recovery fund or fund of last resort due to
				the applicant's action or inaction.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 3 - LICENSURE › Section R4-28-302 - Employing Broker's License; Non-resident Broker

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person applying for an employing
				broker's license shall provide the following information:
1. The name, business address, telephone
				number, fax number and e-mail address, if any, and designated broker's name,
				license number and expiration date, and the signature of the designated
				broker;
2. Whether the broker is an
				individual, a sole proprietorship, corporation, partnership, limited liability
				company, professional corporation or professional limited liability
				company;
3. The mailing address, if
				different than the business address;
4. The d.b.a. name, if applicable;
5. The bank name and location of each of the
				broker's trust accounts, if any; and
6. The name and number of the trust
				account.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 3 - LICENSURE › Section R4-28-303 - License Renewal; Reinstatement; Changes of Personal Information, License, or License Status; Professional Corporation or Professional Limited Liability Company Licensure; Administrative Severance

Current through Register Vol. 30, No. 28, July 12, 2024
A. Renewal.
1. If a salesperson or broker makes a timely
				and sufficient application for license renewal or a new license with reference
				to any activity of a continuing nature, the existing license does not expire
				until the application has been finally determined by the Department, and, in
				case the application is denied or the terms of the new license limited, until
				the last day for seeking review of the Commissioner's order or a later date
				fixed by order of the reviewing court.
2. Any salesperson or broker applying for a
				license renewal shall submit the following information on the Application for
				License Renewal form:
a. Any change or
				correction to the applicant's licensing information;
b. Whether the renewal application is
				late;
c. If the renewal is for an
				active license and is filed in paper format, the Department shall require the
				application to include the date and signature of the designated broker,
				authorized branch office manager, or authorized designee under A.R.S. §
											32-2127(D).
				If signed by a branch manager or designee, the branch manager or designee shall
				attach a copy of the authorization or designation;
d. The signature of the applicant, attesting
				to the truthfulness of the application information;
e. A completed certification questionnaire,
				providing details and supporting documents for any affirmative response not
				previously disclosed in writing to the Department concerning judgments, orders,
				professional licenses, or convictions, as required under
				R4-28-301(A).
f. To renew as designated broker for an
				employing broker, the designated broker shall complete and submit a signed
				Broker Supervision & Control Audit Declaration for the sole proprietorship
				or entity on whose behalf the broker acts as designated broker. The completed
				declaration shall:
i. Be dated and filed
				before or with the broker's renewal application, and submitted to the
				Department no earlier than 90 days before the broker's license expiration
				date;
ii. Be in the form prescribed
				by the Department;
iii. State the
				broker's compliance or non-compliance with, or the non-applicability of,
				specified statutes and rules; and
iv. Identify all of the broker's property
				management and trust accounts.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 3 - LICENSURE › Section R4-28-304 - Branch Office; Branch Office Manager

Current through Register Vol. 30, No. 28, July 12, 2024
A. To obtain a branch office license, the
				designated broker shall submit to the Department before operating the branch
				office the following information for each branch office of the employing broker
				on the Application for Branch Office form:
1.
				The name, date, and signature of the designated broker;
2. The license number and license expiration
				date of the employing broker;
3.
				The name, address, telephone, and license number of the main office;
4. The type of employing broker's
				license;
5. The employing broker's
				dba name, if applicable;
6. The
				address, telephone number, and fax number, if any, of the branch office;
				and
7. The name and license status
				of the salesperson or broker who is the branch office manager and the authority
				granted to the branch office manager, including any designation of authority
				under subsection (B).
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 3 - LICENSURE › Section R4-28-305 - Temporary License, Certificate of Convenience

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any individual applying for a temporary
				cemetery salesperson's license, a temporary broker's license, or a membership
				camping salesperson's certificate of convenience shall submit the following
				information and applicable fee to the Department:
1. The type of license requested;
2. The name, address, telephone number, and
				date of birth of the applicant;
3.
				The mailing address if different from the address in subsection
				(A)(2);
4. The name, business
				address, telephone number, fax number, if any, and license number of the
				employing broker; and
5. The branch
				office number, address, telephone number, and fax number, if any, where
				employed, if different than the employing broker in subsection
				(A)(4).
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 3 - LICENSURE › Section R4-28-306 - Unlawful License Activity

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Unlawful license activity is:
1. The
				performance of acts requiring a license under A.R.S. §
										32-2122
				by a person who does not hold a current and active license;
2. The performance of acts requiring a
				license by a person on behalf of a broker other than the person's employing
				broker; or
3. A broker's employment
				of a person as a salesperson or broker if the person does not hold a current
				and active license issued to the person under that employing broker.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 4 - EDUCATION › Section R4-28-401 - Prelicensure Education Requirements; Waiver

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any individual applying for a real estate
				license shall either:
1. Complete the
				required 90-hour prelicensure education as prescribed in A.R.S. §
										32-2124;
				or
2. Except for the 27-hour
				Arizona-specific course, apply for and be granted a waiver of the prelicensure
				courses.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 4 - EDUCATION › Section R4-28-403 - License Examinations

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Department shall hold, or contract for, at least one state licensing
				examination each week.
B. A state
				license examination shall not be returned to the applicant. The applicant shall
				be notified in person of the results of the examination by the words "passed"
				or "did not pass." The results notification for an applicant who did not pass
				the examination shall also show the score for the examination and the relative
				score for each content area.
C.
				Qualifying to take or passing a license examination does not constitute a
				waiver of the Commissioner's right to deny issuance of a license if grounds
				exist pursuant to A.R.S. §
									32-2153
				or any other applicable statute.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 4 - EDUCATION › Section R4-28-404 - Real Estate School Requirements, Course and Instructor Approval

Current through Register Vol. 30, No. 28, July 12, 2024
A. Certificate of
				School Approval. Except for a community college or university accredited by the
				Council on Post Secondary Accreditation or the U.S. Department of Education
				offering courses in real estate, any school offering a course of study for
				original or renewal licensure of a real estate applicant shall apply for and
				possess a Certificate of School Approval from the Department. The school's
				authorized representative shall provide the following information on or with
				the Certificate of School Approval form:
1.
				The name, address, telephone number, and fax number, if any, of the
				school;
2. The name of the owner
				and d.b.a. name, if any;
3. Whether
				the owner is a sole proprietorship, partnership, trust, limited liability
				company, or corporation;
4. The
				name, address, telephone number, and percentage ownership of each person,
				entity, or beneficiary holding or controlling 10% or more financial interest in
				the school;
5. The name of each
				individual authorized to act on behalf of the school and sign continuing
				education certificates or prelicensure verifications, or both;
6. The name, business address, and telephone
				number of all current and prospective administrators, directors, and
				instructors;
7. In addition to the
				information required in
				R4-28-301(A),
				each school owner, administrator, director, and instructor shall provide a
				statement of the individual's:
a.
				Education,
b. Teaching experience,
				and
c. Employment
				history.
8. If the owner
				is a partnership, a copy of the partnership agreement naming the partner
				authorized to act on its behalf;
9.
				If the owner is a corporation or limited liability company, a copy of:
a. A corporate or company resolution or
				operating agreement naming the officer, member, or manager authorized to
				execute the Certificate of Approval form;
b. A current Certificate of Good Standing
				from the Arizona Corporation Commission;
c. The latest annual report on file with the
				Arizona Corporation Commission;
d.
				The Articles of Incorporation or Organization, as amended.
10. The location of school registration and
				licensing certification records.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 5 - ADVERTISING › Section R4-28-502 - Advertising by a Licensee

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				salesperson or broker acting as an agent shall not advertise property in a
				manner that implies that no salesperson or broker is taking part in the offer
				for sale, lease, or exchange.
B.
				Any salesperson or broker advertising the salesperson's or broker's own
				property for sale, lease, or exchange shall disclose the salesperson's or
				broker's status as a salesperson or broker, and as the property owner by
				placing the words "owner/agent" in the advertisement.
C. A salesperson or broker shall ensure that
				all advertising contains accurate claims and representations, and fully states
				factual material relating to the information advertised. A salesperson or
				broker shall not misrepresent the facts or create misleading
				impressions.
D. A school shall
				include its name, address and telephone number in all advertising of
				Department-approved courses. The school owner, director, or administrator shall
				supervise all advertising. The school owner shall ensure that the school's
				advertising is accurate.
E. A
				salesperson or broker shall ensure that all advertising identifies in a clear
				and prominent manner the employing broker's legal name or the dba name
				contained on the employing broker's license certificate.
F. A licensee who advertises property that is
				the subject of another person's real estate employment agreement shall display
				the name of the listing broker in a clear and prominent manner.
G. The designated broker shall supervise all
				advertising, for real estate, cemetery, or membership camping brokerage
				services.
H. A licensee shall not
				use the term "acre," either alone or modified, unless referring to an area of
				land representing 43,560 square feet.
I. Before placing or erecting a sign giving
				notice that specific property is being offered for sale, lease, rent, or
				exchange, a salesperson or broker shall secure the written consent of the
				property owner, and the sign shall be promptly removed upon request of the
				property owner.
J. The provisions
				of subsections (E) and (G) do not apply to advertising that does not refer to
				specific property.
K. Trade Names.
1. Any broker using a trade name owned by
				another person on signs displayed at the place of business shall place the
				broker's name, as licensed by the Department on the signs;
2. The broker shall include the following
				legend, "Each (TRADE NAME or FRANCHISE) office is independently owned and
				operated," or a similar legend approved by the Commissioner, in a manner to
				attract the attention of the public.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 5 - ADVERTISING › Section R4-28-503 - Promotional Activities

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				licensee shall not describe a premium offered at no cost or reduced cost to
				promote sales or leasing as an "award," or "prize," or use a similar
				term.
B. A licensee shall clearly
				disclose to a person in writing the terms, costs, conditions, restrictions, and
				expiration date of an offer of a premium before the person participates in the
				offer.
C. Unless otherwise provided
				by law, a person shall not solicit, sell, or offer to sell an interest in a
				development by conducting a lottery contest, drawing, or game of
				chance.
D. A subdivider, time-share
				developer, or membership camping operator may apply for approval to conduct a
				lottery, contest, drawing, or game of chance, or award a premium under A.R.S.
				§
									32-2197.17(J),
				by submitting to the Department the information under A.R.S. §§
									32-2183.01(I),
				32-2197.17(J)
				 or
				32-2198.10(D),
				the applicable fee, if any, and:
1. The name,
				address, telephone number, and fax number, if any, of the subdivider,
				time-share developer, or operator;
2. The legal name of the broker;
3. The public report number;
4. The time and location for collecting
				entries for the lottery, contest, or drawing;
5. The date, time, and site for selection of
				a winner; and
6. The conditions and
				restrictions to enter, if any.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 5 - ADVERTISING › Section R4-28-504 - Development Advertising

Current through Register Vol. 30, No. 28, July 12, 2024
A. If a
				developer obtains a conditional sales exemption, under
				R4-28-B1202,
				or registers a notice of intent with the Department to accept lot reservations
				under A.R.S. §
									32-2181.03,
				the developer shall disclose on all advertising that only reservations or
				conditional sales contracts will be taken until the public report has been
				issued.
B. Only a developer or the
				developer's authorized representative shall file advertising for a development
				under A.R.S. §§
									32-2183.01(A),
				32-2194.05(A),
				32-2195.05(A),
				32-2197.17(A)
				 or
				32-2198.01(A)(6)
				 with the Department.
C. A developer shall ensure that
				advertisement of property in a development includes the name of the development
				as registered with the Department. The Commissioner may waive application of
				this subsection if the Commissioner determines that the public interest is not
				affected.
D. A developer shall not
				advertise a monthly payment, total price, or interest rate that is not
				available to all prospective purchasers or is restricted, unless the lack of
				availability or the restriction is conspicuously disclosed to all prospective
				purchasers within the advertisement.
E. A developer shall not advertise proposed
				or incomplete improvements unless the following requirements are met:
1. The estimated date of completion is
				specified or, if there is no estimated date of completion, the developer
				includes a prominent disclosure in the advertisement that the improvement is
				proposed only and no warranty is given or implied that the improvement will be
				completed; and
2. If a completion
				date is specified, the developer has submitted to the Department evidence to
				satisfactorily demonstrate to the Department that the completion and operation
				of the facilities are assured and that completion will be within the time
				represented in the advertisement or promotional material.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 7 - COMPENSATION › Section R4-28-701 - Compensation Sharing Disclosure

Current through Register Vol. 30, No. 28, July 12, 2024
A real estate broker shall disclose to all the parties in a
				  transaction, in writing before closing, the name of each employing broker who
				  represents a party to the transaction and who will receive compensation from
				  the transaction.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 8 - DOCUMENTS › Section R4-28-802 - Conveyance Documents

Current through Register Vol. 30, No. 28, July 12, 2024
A. Upon
				execution of any transaction document a salesperson or broker shall, as soon as
				practical, deliver a legible copy of the signed document and final agreement to
				each party signing the document.
B.
				During the term of a listing agreement, a salesperson or broker shall promptly
				submit to the salesperson's or broker's client all offers to purchase or lease
				the listed property. Upon receiving permission from the seller or lessor, the
				salesperson or broker acting on behalf of the seller or lessor may disclose to
				all offerors or their agents the existence and terms of all additional offers
				on the listed property. The salesperson or broker shall submit to the client
				all offers made prior to closing and is not released from this duty by the
				client's acceptance of an offer unless the client instructs the salesperson or
				broker in writing to cease submitting offers or unless otherwise provided in
				the listing agreement, lease, or purchase contract. The salesperson or broker
				may voluntarily submit offers to the seller or lessor regardless of any
				limitations contained in the listing agreement and may submit offers after the
				listing agreement is terminated.
C.
				Transaction statements. In addition to the requirements of A.R.S. §§
									32-2151.01
				and
				32-2174,
				the broker shall retain true copies of all receipts and disbursements, or
				copies of the executed and delivered escrow closing statements that evidence
				all receipts and disbursements in the transaction.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 8 - DOCUMENTS › Section R4-28-803 - Contract Disclosures

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				developer or the developer's agent shall ensure that any agreement or contract
				for the sale or lease of a property interest in a development that requires a
				public report contains substantially the following language in bold print or
				print larger than the other print used in the document above the signature
				portion of the document:
THE DEVELOPER SHALL GIVE A PROSPECTIVE PURCHASER A COPY OF
				  THE PUBLIC REPORT AND AN OPPORTUNITY TO READ AND REVIEW IT BEFORE THE
				  PROSPECTIVE PURCHASER SIGNS THIS DOCUMENT.
B. A developer or the developer's agent shall
				ensure that any agreement or contract for the sale or lease of a property
				interest in a development conspicuously discloses the nature of the document at
				or near the top of the document.
C.
				The contract shall indicate where the earnest money or down payment, if any,
				will be deposited and shall include the name of the title company, the name of
				the broker's trust account, or other depository.
D. Any agreement or contract for the sale or
				lease of a property interest in a development where a down payment, earnest
				money deposit, or other advanced money, if any, is paid directly to the seller
				and not placed in a neutral escrow depository, shall conspicuously disclose
				this fact within the document, and the purchaser shall sign or initial this
				provision indicating approval in the space adjacent to or directly below the
				disclosure in the purchase contract or agreement of sale. The following
				disclosure shall be written in large or bold print and shall be included in the
				public report, purchase contract, and agreement of sale.
Prospective purchasers are advised that earnest money
				  deposits, down payments, and other advanced money will not be placed in a
				  neutral escrow. This money will be paid directly to the seller and may be used
				  by the seller. This means the purchaser assumes a risk of losing the money if
				  the seller is unable or unwilling to perform under the terms of the purchase
				  contract.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 8 - DOCUMENTS › Section R4-28-804 - Rescission of Contract

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any
				agreement or contract for the purchase or lease of an unimproved subdivided
				lot, or any unsubdivided land, shall contain substantially the following
				language in bold print or print larger than the other print used in the
				document above the signature portion of the document:
The purchaser or lessee has the legal right to rescind
				  (cancel) this agreement without cause or reason of any kind, and to the return
				  of any money or other consideration by sending or delivering a written notice
				  of rescission to the seller or lessor by midnight of the seventh calendar day
				  following the day the purchaser or lessee executed the agreement. If the
				  purchaser or lessee does not inspect the lot or parcel before the execution of
				  the agreement, the purchaser or lessee shall have six months to inspect the lot
				  or parcel, and at the time of inspection shall have the right to unilaterally
				  rescind the agreement.
B.
				Any agreement or contract for the purchase or lease of a time-share interval
				shall contain substantially the following language in bold print or print
				larger than the other print used in the document above the signature portion of
				the document:
The purchaser or lessee has the legal right to rescind
				  (cancel) this agreement without cause or reason of any kind by sending or
				  delivering a written notice of rescission to the seller or lessor by midnight
				  of the seventh calendar day following the day the purchaser or lessee executed
				  the agreement.
C. An
				opportunity to exercise the seven-day right of rescission shall be provided by
				conspicuously disclosing the complete current name, address, and telephone
				number of the seller on the face of all agreements and contracts.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 8 - DOCUMENTS › Section R4-28-805 - Public Report Receipt

Current through Register Vol. 30, No. 28, July 12, 2024
When a public report is required, the developer shall
				  complete the following public report receipt and obtain the purchaser's
				  signature to verify that the prospective purchaser has received a copy of the
				  public report:
PUBLIC REPORT RECEIPT
The developer shall furnish you, as a prospective customer,
				  with a copy of the public report required by the Arizona Department of Real
				  Estate. It is recommended that you read the report before you make any written
				  offer to purchase or lease an interest in the development and before you pay
				  any money or other consideration toward the purchase or lease of an interest in
				  the development.
FOR YOUR PROTECTION, DO NOT SIGN THIS RECEIPT UNTIL YOU HAVE
				  RECEIVED A COPY OF THE REPORT AND HAVE HAD THE OPPORTUNITY TO READ IT. BY
				  SIGNING THIS RECEIPT, THE BUYER HAS ACCEPTED THE PUBLIC REPORT AND ACKNOWLEDGES
				  THE INFORMATION IT CONTAINS.
_____________________ ______________________
Public Report Registration No. Development Name and Lot
				  No.
I understand the report is not a recommendation or
				  endorsement of the development by the Arizona Department of Real Estate, but is
				  for information only.
_____________________ ______________________
Buyer's Name Address
_____________________ ______________________
Date
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 11 - PROFESSIONAL CONDUCT › Section R4-28-1101 - Duties to Client

Current through Register Vol. 30, No. 28, July 12, 2024
A. A licensee
				owes a fiduciary duty to the client and shall protect and promote the client's
				interests. The licensee shall also deal fairly with all other parties to a
				transaction.
B. A licensee
				participating in a real estate transaction shall disclose in writing to all
				other parties any information the licensee possesses that materially or
				adversely affects the consideration to be paid by any party to the transaction,
				including:
1. Any information that the seller
				or lessor is or may be unable to perform;
2. Any information that the buyer or lessee
				is, or may be, unable to perform;
3. Any material defect existing in the
				property being transferred; and
4.
				The existence of a lien or encumbrance on the property being
				transferred.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 11 - PROFESSIONAL CONDUCT › Section R4-28-1102 - Property Negotiations

Current through Register Vol. 30, No. 28, July 12, 2024
Except for owner listed properties, negotiations shall be
				  conducted exclusively through the principal's broker or the broker's
				  representative unless:
1. The
				principal waives this requirement in writing, and
2. No licensed representative of the broker
				is available for 24 hours.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 28 - STATE REAL ESTATE DEPARTMENT › Article 11 - PROFESSIONAL CONDUCT › Section R4-28-1103 - Broker Supervision and Control

Current through Register Vol. 30, No. 28, July 12, 2024
A. An employing broker and a designated
				broker shall exercise reasonable supervision and control over the activities of
				brokers, salespersons, and others in the employ of the broker. Reasonable
				supervision and control includes the establishment and enforcement of written
				policies, procedures, and systems to:
1.
				Review and manage:
a. Transactions requiring
				a salesperson's or broker's license; and
b. Use of disclosure forms and contracts and,
				if a real estate broker, real estate employment agreements under A.R.S. §
											32-2151.02;
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-A1201 - Development Name; Lot Sales; Applicant

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any person may submit a development
				  application for a public report, a certificate of authority, or a special order
				  of exemption, provided the applicant has a recorded ownership interest in the
				  land, such as a deed, option, beneficial interest in a trust, or other recorded
				  interest approved by the Commissioner. The application for a public report or
				  certificate of authority shall contain the following information, as
				  applicable:
1. The name of the development or
				  cemetery, as shown on the recorded map, and the marketing name if one will be
				  used;
2. The list of the lots to be
				  offered, including the description of the sales offering;
3. The name, address, telephone number, and
				  fax number, if any, of the applicant; and
4. The applicable information in this
				  Article, Parts A and B.
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-A1202 - Development Map; Location; Land Characteristics

Current through Register Vol. 30, No. 28, July 12, 2024
A. The applicant shall submit a legible copy,
				  no larger than 11" x 17", of the recorded development map showing, as
				  applicable:
1. The county recorder's
				  recording information, including the book and page of maps and recording
				  date;
2. County or city
				  approval;
3. Applicable
				  dedications;
4. Monuments,
				  distances, and bearings; and
5.
				  Registered land surveyor certification.
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-A1203 - Flood and Drainage; Land Uses; Adverse Conditions

Current through Register Vol. 30, No. 28, July 12, 2024
The applicant shall state, or include as applicable:
1. Whether the development is subject to any
				  known flooding or drainage problems and a letter bearing the signature and seal
				  of a professional civil, city, and county engineer, or county flood district
				  detailing the drainage conditions and flood hazards. The letter shall include
				  the effect of any flood plain and its location, the effect of a 100 year
				  frequency storm, and whether flood insurance is required.
2. Whether the development lots are subject
				  to subsidence or expansive soils. If subsidence or expansive soils exist, a
				  professional engineer's letter addressing the effects of the condition,
				  remedies, and a buyer's on-going responsibilities in plain language;
3. A description of the existing and proposed
				  land uses in the vicinity of the development that may cause a nuisance or
				  adversely affect lot owners, such as freeways, airports, sewer plants,
				  railroads, and canals, including:
a. Any
				  unusual safety factors within or near the development, and
b. A description of all current and proposed
				  adjacent land uses.