Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 46 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS DIVISION, REAL ESTATE APPRAISAL › Article 1 - GENERAL PROVISIONS › Section R4-46-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
The definitions in A.R.S. §§
									32-3601,
				  32-3651,
				  and
				  32-3661
				  apply to this Chapter. Additionally, unless the context otherwise requires, in
				  this Chapter:
"Accredited" means approved by an accrediting agency
				  recognized by the Council for Higher Education Accreditation or the U.S.
				  Secretary of Education.
"Administrative law judge" has the meaning stated at A.R.S.
				  §
									41-1092(1).
"AMC" means appraisal management company as defined at A.R.S.
				  §
									32-3661.
"Appealable agency action" has the meaning stated at A.R.S.
				  §
									41-1092(3).
"Appraisal practice" means valuation services performed by an
				  individual acting as an appraiser, including but not limited to an appraisal or
				  appraisal review.
"Appraiser" means an individual, other than a property tax
				  agent as defined at A.R.S. §
									32-3651,
				  registered, licensed, or certified by the Department to complete valuation
				  assignments regarding real estate competently in a manner that is independent,
				  impartial, and objective.
"AQB" means the Appraisal Qualifications Board as defined at
				  A.R.S. §
									32-3601.
"Assignment" means the valuation service that an appraiser
				  provides as a consequence of an agreement between the appraiser and a
				  client.
"Classroom education" means appraisal education delivered in
				  a setting where there is no geographical separation between the instructor and
				  student.
"Complaint" means a written allegation against a
				  party.
"Conditional dismissal" means an agreement which allows the
				  Director to dismiss the complaint upon the respondent's completion of a
				  Department specified continuing education course.
"Contested case" has the meaning stated at A.R.S. §
									41-1001(6).
"Conviction" means a judgment by any state or federal court
				  of competent jurisdiction in a criminal case, regardless of whether an appeal
				  is pending or could be taken, and includes any judgment or order based on a
				  plea of no contest.
"Course owner" means a person or a combination of persons
				  that own the proprietary rights to a course. A course owner may have developed
				  the course or may have purchased the proprietary rights to the course.
"Department" has the meaning stated at A.R.S. §
									6-101(5).
"Director" has the meaning stated at A.R.S. §
									6-101(7).
"Disciplinary action" means any regulatory sanction imposed
				  by the Director, other than remedial action imposed through a letter of
				  remedial action, and may include corrective education, a civil money penalty,
				  restriction on the nature and scope of the respondent's practice, monitoring,
				  probation, mentorship, suspension, revocation, or an acceptance of surrender of
				  a license or certificate or a combination of the above.
"Distance education" means appraisal education delivered in a
				  setting in which the learner and instructor are geographically
				  separated.
"Federally Regulated Appraisal Management Company" has the
				  meaning stated at A.R.S. §
									32-3661(9).
"Investigation" means a fact-finding process and review that
				  is initiated when the Department receives a complaint.
"Investigator" means an individual who is a Department
				  employee or operates under a contract with the Department to carry out
				  investigations of alleged violations.
"Jurisdictional criteria" means the statutory standards of
				  A.R.S. §§
									6-123,
				  6-124,
				  and A.R.S. Title 32, Chapter 36, used by the Department to determine whether a
				  complaint falls within its jurisdiction.
"Letter of concern" means a non-disciplinary advisory letter
				  to notify a respondent that the finding of the Director does not warrant
				  disciplinary action, but is nonetheless cause for concern and that its
				  continuation may result in disciplinary action.
"Letter of remedial action" means a non-disciplinary letter
				  that requires a respondent to take remedial action when any minor violation of
				  A.R.S. Title 32, Chapter 36 or this Chapter is found.
"Mentor" means a certified appraiser authorized by the
				  Department to supervise the work product of an appraiser who is subject to
				  disciplinary action by the Director.
"Party" means each person or agency named or admitted as a
				  party or properly seeking and entitled to participate in any proceeding.
"Person" means a natural person or any legal or commercial
				  entity including a corporation, business trust, estate, trust, partnership,
				  limited partnership, joint venture, association, limited liability company,
				  limited liability partnership, or limited liability limited partnership.
"Probation" means a term of oversight by the Department,
				  imposed upon a respondent as part of a disciplinary action, which may include
				  submission of logs, working under the supervision of a mentor, or other
				  conditions intended to protect the public and educate the respondent.
"Property Tax Agent" has the meaning stated at A.R.S. §
									32-3651(3).
"Remedial action" means any corrective remedy that is
				  designed to assist the respondent in improving the respondent's professional
				  practice.
"Respondent" means an appraiser, course owner, property tax
				  agent, or appraisal management company against whom a complaint has been filed
				  or any other party responding to an investigation, an action, a motion or a
				  proceeding before the Director.
"Secondary provider" means a person that purchases or
				  otherwise lawfully acquires the right to provide a course independently of the
				  course owner that retains proprietary rights to the course.
"USPAP" means the Uniform Standards of Professional Appraisal
				  Practice, issued and updated by The Appraisal Foundation and made state law
				  under A.R.S. §
									32-3610.
"Work file" means the documentation necessary to support the
				  analysis, opinions, and conclusions of an appraisal assignment or tax
				  appeal.