reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 45 - Board of Respiratory Care Examiners › Article 2 - LICENSURE › Section R4-45-203 - Examinations

Current through Register Vol. 30, No. 28, July 12, 2024
A. Except when a
				license may be issued without an examination under A.R.S. §
									32-3524
				or grandfathered, an applicant shall pass the RRT examination. The passing
				score is the scaled score set by the NBRC.
B. An applicant shall inform the Board as
				soon as possible by one of the following methods that the applicant passed the
				RRT examination:
1. Forward to the Board a
				copy of either the examination results or certificate, or
2. Direct the NBRC to forward to the Board a
				copy of either the examination results or certificate.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 45 - Board of Respiratory Care Examiners › Article 2 - LICENSURE › Section R4-45-204 - Application by a Foreign-trained Applicant

Current through Register Vol. 30, No. 28, July 12, 2024
An applicant who has a diploma from a respiratory therapy
				  school located outside the United States shall:
1. Cause the school from which the diploma
				was issued to deliver to the Board a certified copy of course transcripts and
				other information concerning the applicant's course of study sufficient to
				enable the Board to determine whether the course of study is equivalent to a
				training program approved under
				R4-45-202,
				and
2. Submit a photocopy of the
				applicant's diploma from the foreign respiratory therapy school.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 45 - Board of Respiratory Care Examiners › Article 2 - LICENSURE › Section R4-45-205 - Application Based on Licensure by Another State

Current through Register Vol. 30, No. 28, July 12, 2024
If an application for a license is based on licensure by
				  another state, the applicant shall cause the state that issued the license to
				  deliver to the Board:
1. A certified
				copy of the license;
2. A
				verification of license, completed, signed, and authenticated by seal or
				notarization by the Board of the state issuing the license; and
3. Either a copy of the results of the RRT
				examination or a copy of another examination administered to the applicant, the
				results of the other examination, and any information necessary to enable the
				Board to determine whether the other examination is equivalent to the RRT
				examination.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 45 - Board of Respiratory Care Examiners › Article 2 - LICENSURE › Section R4-45-206 - Licensure Based on Organizational Registration or Certification

Current through Register Vol. 30, No. 28, July 12, 2024
The Board shall issue a license to an applicant without
				  examination if the applicant:
1. Is
				qualified under A.R.S. §
									32-3523,
2. Files an application for licensure under
				R4-45-201, and
3. Is registered or
				certified as a respiratory therapist by the NBRC.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 45 - Board of Respiratory Care Examiners › Article 2 - LICENSURE › Section R4-45-207 - Renewal

Current through Register Vol. 30, No. 28, July 12, 2024
A. A respiratory
				care practitioner's first license expires on the licensee's second birthday
				following issuance of the license. Thereafter, a respiratory care
				practitioner's license expires every other year on the licensee's
				birthday.
B. To apply for renewal
				of a license, a licensee shall:
1. Complete a
				license renewal application form and provide the following information:
a. Applicant's full name;
b. Applicant's Arizona license
				number;
c. Applicant's mailing,
				permanent, and e-mail addresses and telephone number;
d. Applicant's highest educational
				degree;
e. Applicant's employment
				status;
f. Applicant's principal
				field of employment;
g. Current
				employer's name and address;
h.
				Current supervisor's name and telephone number;
i. Applicant's physical description,
				including height, weight, and eye and hair color;
j. A statement whether, since the time of
				last application, the applicant:
i. Has been
				arrested for, has pled guilty or no contest to, or has been convicted of a
				felony, misdemeanor, or undesignated offense, and if the answer is yes, a
				complete explanation, including place, date, charge, and a copy of any
				pertinent documentation such as a court order or plea agreement;
ii. Has been arrested for a traffic violation
				that resulted in a fine greater than $150, and if the answer is yes, a complete
				explanation, including date, offense, and a copy of any pertinent documentation
				such as a court order;
iii. Has
				been named in a civil or malpractice lawsuit relating to the applicant's
				employment as a respiratory care practitioner, and if the answer is yes, a
				complete explanation;
iv. Has been
				or is subject to any disciplinary action, consent order, or settlement
				regarding the applicant's license in any jurisdiction, and if the answer is
				yes, a complete explanation;
v. Has
				abused illegal substances, prescription drugs, or alcohol or been enrolled or
				committed to a substance-abuse or alcohol-treatment program, and if the answer
				is yes, a complete explanation, including date, place, and copy of any
				documentation of program completion; and
vi. Has been disciplined, suspended, or
				terminated from employment as a respiratory care practitioner, and if the
				answer is yes, a complete explanation;
k. A statement of whether the applicant is in
				compliance with all federal and state law regarding storage, transfer, and
				access to medical records;
l.
				Evidence of the applicant's U.S. citizenship, alien status, legal residency, or
				lawful presence in the U.S.; and
m.
				The applicant's certification that the information provided is true and
				complete;
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 45 - Board of Respiratory Care Examiners › Article 2 - LICENSURE › Section R4-45-208 - Continuing Education Requirement

Current through Register Vol. 30, No. 28, July 12, 2024
A. The following definitions apply to this
				Article:
1. "Acceptable documentation" means:
a. Transcripts;
b. Letters from course instructors;
c. Certificates of Completion or other formal
				certifications provided by:
i.
				Hospitals;
ii. Course instructors;
				or
iii. Health
				organizations.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 45 - Board of Respiratory Care Examiners › Article 2 - LICENSURE › Section R4-45-209 - Acceptable Continuing Education

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Board shall accept CEUs from a
				continuing education course approved by the:
1. American Academy of Allergy, Asthma &
				Immunology;
2. American Academy of
				Pediatrics;
3. American Academy of
				Physician Assistants;
4. American
				Association for Respiratory Care and its state affiliates;
5. American Association of Critical Care
				Nurses and its state affiliates;
6.
				American College of Chest Physicians;
7. American College of Emergency
				Physicians;
8. American College of
				Physicians;
9. American College of
				Health Care Executives;
10.
				American Heart Association;
11.
				American Lung Association and its state affiliates;
12. American Medical Association and its
				state affiliates;
13. American
				Nurses Association and its state affiliates;
14. American Osteopathic Association and its
				state affiliates;
15. American
				Thoracic Society and its state affiliates;
16. Arizona Society for Respiratory
				Care;
17. Center for Disease
				Control;
18. Centers for Medicare
				Medicaid (Joint Commission);
19.
				College of American Pathologists;
20. National Asthma Educator Certification
				Board
21. Red Cross of
				America;
22. Society for American
				Anesthesiology; or
23. Society of
				Critical Care Medicine and its state affiliates.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 45 - Board of Respiratory Care Examiners › Article 2 - LICENSURE › Section R4-45-211 - Audit of Compliance and Sanction for Noncompliance with Continuing Education Requirement

Current through Register Vol. 30, No. 28, July 12, 2024
The Board shall provide notice of an audit of continuing
				  education records to a random sample of licensees. A licensee subject to a
				  continuing education audit shall submit documentation that demonstrates
				  compliance with the continuing education requirement within the time specified
				  in the audit notice. If the licensee fails to submit documentation that
				  demonstrates compliance with the continuing education requirement on or before
				  the date specified in the audit notice, the Board shall provide written notice
				  of intent to revoke the license issued to the licensee.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 45 - Board of Respiratory Care Examiners › Article 2 - LICENSURE › Section R4-45-212 - Waiver of Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
A. When
				applying for renewal of a license, a licensee may request a waiver from
				completion of the continuing education requirement. The Board shall grant a
				waiver only if the licensee verifies in writing that during the period
				immediately before expiration of the license, the licensee:
1. Resided in a country outside the United
				States for at least one year, reasonably preventing completion of the
				continuing education requirement;
2. Was absent from Arizona for at least one
				year, reasonably preventing completion of the continuing education requirement;
				or
3. Was prevented from completing
				the continuing education requirement for reasons of health or other good cause
				including:
a. Physical or mental disability
				of the licensee for at least one year, reasonably preventing completion of the
				continuing education requirement; or
b. Physical or mental disability of a member
				of the licensee's family for at least one year and the licensee had
				responsibility for the family member's care, preventing completion of the
				continuing education requirement.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 45 - Board of Respiratory Care Examiners › Article 2 - LICENSURE › Section R4-45-215 - Procedures for Processing Initial License Applications; 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 licensing time-frames for an initial
				license application:
1. Administrative
				completeness review time-frame: 15 days;
2. Substantive review time-frame: 90
				days;
3. Overall time-frame: 105
				days.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 45 - Board of Respiratory Care Examiners › Article 2 - LICENSURE › Section R4-45-216 - Procedures for Processing License Renewal or Reinstatement Applications; Time-frames

Current through Register Vol. 30, No. 28, July 12, 2024
A. For the
				purposes of A.R.S. §
									41-1073,
				the Board establishes the following licensing time-frames for renewal or
				reinstatement of a license:
1. Administrative
				completeness review time-frame: 7 days;
2. Substantive review time-frame: 60
				days;
3. Overall time-frame: 67
				days.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 45 - Board of Respiratory Care Examiners › Article 2 - LICENSURE › Section R4-45-217 - Appeal from Denial

Current through Register Vol. 30, No. 28, July 12, 2024
A. If the Board
				denies a license, an applicant may make a written request for a hearing to
				review the denial. The applicant shall file the request with the Board within
				30 days following service of notice of the denial. The request shall state
				specifically the reasons why the Board should review its decision. The Board
				shall schedule the hearing at its next meeting or at the first meeting that is
				convenient for all parties.
B. If
				an applicant who is denied a license does not request a hearing to review the
				denial or if the denial is affirmed, the Board shall administratively close the
				applicant's file. An individual who wishes to be considered for licensure after
				the individual's file is administratively closed shall reapply.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 45 - Board of Respiratory Care Examiners › Article 2 - LICENSURE › Section R4-45-218 - Reinstatement Following Revocation; Modification of Probation

Current through Register Vol. 30, No. 28, July 12, 2024
A. Under A.R.S.
				§
									32-3554,
				a former licensee whose license is revoked may apply to the Board after one
				year to have the license reinstated. A licensee who is placed on probation may
				apply to the Board after one year to have the conditions of probation
				modified.
B. If a former licensee
				wishes to have a revoked license reinstated after the time stated in subsection
				(A), the former licensee shall meet the qualifications in A.R.S. §
									32-3523(A)
				 and comply with
				R4-45-201.
C. A licensee who is placed on probation
				shall comply with
				R4-45-207 while on
				probation. If the licensee wishes to have the conditions of probation modified
				after the time stated in subsection (A), the licensee shall submit to the
				Board:
1. A letter that contains the
				following information:
a. Name and address of
				licensee,
b. License
				number,
c. Date on which probation
				was imposed,
d. Reason that
				probation was imposed,
e.
				Conditions of probation,
f.
				Modification of conditions of probation requested, and
g. Reason a modification of conditions is
				warranted; and
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 45 - Board of Respiratory Care Examiners › Article 3 - HEARINGS › Section R4-45-301 - Hearing Procedures

Current through Register Vol. 30, No. 28, July 12, 2024
The Board shall conduct all hearings, including those held
				  under A.R.S. §
									32-3553,
				  according to the procedures in A.R.S. Title 41, Chapter 6, Article
				  10.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 45 - Board of Respiratory Care Examiners › Article 3 - HEARINGS › Section R4-45-302 - 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 and the rules established by the Office
				of Administrative Hearings.
B.
				Except as provided in subsection (I), 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
				evidence that could not, with reasonable diligence, have been discovered and
				produced at the hearing;
5.
				Excessive 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; or
7. The findings of fact or decision is not
				justified by the evidence or is contrary to law.
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 R4-46-102 - Powers of Director

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Director
				may appoint advisory committees the Director deems appropriate. The committees
				shall make advisory recommendations which may be accepted, rejected, or
				modified at the Director's discretion.
B. Under the authority provided by A.R.S.
				§
									32-3605(B),
				the Director may designate, train, and supervise volunteer licensees to conduct
				compliance audits of approved courses under Section R4-46-508.
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 R4-46-106 - Fees

Current through Register Vol. 30, No. 28, July 12, 2024
A. Under the
				specific authority provided by A.R.S. §§
									32-3607,
				32-3619,
				and
				32-3667, the
				Director establishes and shall collect the following fees:
1. Application for original license or
				certificate: $400.
2. Application
				for registration as a trainee appraiser: $300.
3. Examination: The amount established by the
				AQB-approved examination provider.
4. Biennial renewal of a license or
				certificate: $425.
5. Renewal of
				registration as a trainee appraiser: $300.
6. Delinquent renewal (in addition to the
				renewal fee): $25.
7. National
				Registry: The amount established by the Appraisal Subcommittee.
8. Application for license or certificate by
				reciprocity: $400.
9. Application
				for non-resident temporary license or certificate: $150.
10. Course approval:
a. Core-curriculum qualifying education
i. Initial course approval: $200.
ii. Renewal of course approval:
				$200.
b. Continuing
				education
i. Initial course approval:
				$200.
ii. Renewal of course
				approval: $200.
11. Application for initial registration as
				an appraisal management company: $2,500.
12. Biennial renewal of registration as an
				appraisal management company: $2,500.
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 R4-46-107 - Procedures for Processing Applications

Current through Register Vol. 30, No. 28, July 12, 2024
A. To comply with A.R.S. Title 41, Chapter 6,
				Article 7.1, the following time-frames are established for processing
				applications for registration, licensure, certification, and designation,
				including renewal applications, and applications for course approval:
1. The Department shall notify the applicant
				within 60 days after receipt of the application that it is either
				administratively complete or incomplete. If the application is incomplete, the
				Department shall specify in the notice what information is missing.
2. A final decision shall be rendered not
				later than 60 days after the applicant successfully completes all requirements
				in statute or this Chapter.
3. The
				overall time-frame for action is 120 days, 60 days for administrative
				completeness review and 60 days for substantive review.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 46 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS DIVISION, REAL ESTATE APPRAISAL › Article 2 - REGISTRATION, LICENSURE, AND CERTIFICATION AS AN APPRAISER › Section R4-46-201 - Appraiser Qualification Criteria

Current through Register Vol. 30, No. 28, July 12, 2024
A. Classifications. As specified in A.R.S.
				§
									32-3612,
				Arizona recognizes five classifications of appraisers. These classifications
				are:
1. Registered trainee
				appraiser,
2. State licensed real
				estate appraiser,
3. State
				certified residential real estate appraiser,
4. State certified general real estate
				appraiser, and
5. Designated
				supervisory appraiser.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 46 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS DIVISION, REAL ESTATE APPRAISAL › Article 2 - REGISTRATION, LICENSURE, AND CERTIFICATION AS AN APPRAISER › Section R4-46-201.01 - Application for Designation as a Supervisory Appraiser; Supervision of a Registered Trainee Appraiser

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				individual who wishes to act as a supervisory appraiser for a registered
				trainee appraiser shall:
1. Apply for and
				obtain designation as a supervisory appraiser before providing supervision to a
				registered trainee appraiser,
2.
				Have been state certified for at least three years, and
3. Apply for designation under A.R.S. §
										32-3614.02.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 46 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS DIVISION, REAL ESTATE APPRAISAL › Article 2 - REGISTRATION, LICENSURE, AND CERTIFICATION AS AN APPRAISER › Section R4-46-202.01 - Application for Licensure or Certification by Reciprocity

Current through Register Vol. 30, No. 28, July 12, 2024
A. To be eligible to obtain a license or
				certify an individual certificate by reciprocity in the same classification, as
				specified in Section
				R4-46-201(A),
				in which an individual is currently licensed or certified, the individual shall
				submit:
1. Evidence that the applicant is
				licensed or certified in a state that meets the standards established at A.R.S.
				§
										32-3618;
2. A completed application form;
3. Disclosure of the state(s) in which the
				individual is currently licensed or certified;
4.
Evidence that the individual has applied for a valid
				  fingerprint clearance card pursuant to A.R.S. §
											32-3620(B);
				  and
5. The application and
				biennial National Registry fees specified under Section
				R4-46-106.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 46 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS DIVISION, REAL ESTATE APPRAISAL › Article 2 - REGISTRATION, LICENSURE, AND CERTIFICATION AS AN APPRAISER › Section R4-46-203 - Application for Non-resident Temporary Licensure or Certification

Current through Register Vol. 30, No. 28, July 12, 2024
A. To be eligible
				to obtain a non-resident temporary license or certificate, an individual shall:
1. Be licensed or certified as an appraiser
				in a state other than Arizona;
2.
				Not be licensed or certified as an appraiser in Arizona; and
3. Have a dated and signed letter from a
				client that names the individual and indicates the client has engaged the
				individual to conduct an appraisal in Arizona, identifies the property or
				properties to be appraised, and specifies a date certain for completion of the
				assignment that is no more than one year from the date on which the Director
				issues a non-resident temporary license or certificate.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 46 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS DIVISION, REAL ESTATE APPRAISAL › Article 2 - REGISTRATION, LICENSURE, AND CERTIFICATION AS AN APPRAISER › Section R4-46-204 - Licensure and Certification Examinations

Current through Register Vol. 30, No. 28, July 12, 2024
An
				  applicant for licensure or certification may schedule an examination after the
				  Department provides written notice to the applicant, to the extent written
				  notice is required by the AQB. In such case, an applicant shall have 90 days
				  from the written notice to successfully complete the AQB-approved examination
				  for the classification for which application is made unless the timeframe is
				  extended by mutual agreement.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 46 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS DIVISION, REAL ESTATE APPRAISAL › Article 2 - REGISTRATION, LICENSURE, AND CERTIFICATION AS AN APPRAISER › Section R4-46-209 - Registration, License, or Certificate; Name Change; Conviction and Judgment Disclosure

Current through Register Vol. 30, No. 28, July 12, 2024
A. If the
				name of an appraiser is legally changed, the appraiser shall submit written
				notice of the change to the Department and provide documentation showing the
				circumstances under which the name change occurred. A new registration,
				license, or certificate with the correct name shall be issued.
B. Within 30 days after the filing date of a
				criminal conviction in any jurisdiction, an appraiser or property tax agent who
				has been convicted shall report the conviction to the Department. The report
				shall include a copy of the initial indictment, information or complaint filed,
				the final judgment entered by the court, and all other relevant legal
				documents.
C. Within 30 days after
				the final disposition of a matter, an appraiser or property tax agent shall
				report to the Department any civil judgment based on fraud, misrepresentation,
				or deceit in the making of any appraisal entered against the appraiser or
				property tax agent.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 46 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS DIVISION, REAL ESTATE APPRAISAL › Article 3 - COMPLAINT INVESTIGATIONS › Section R4-46-301 - Complaints and Investigations; Complaint Resolution

Current through Register Vol. 30, No. 28, July 12, 2024
A. Complaints and Investigations
1. The Department shall investigate a
				complaint, if the complaint meets the minimum jurisdictional
				criteria.
2. The Department may
				notify the respondent of a complaint.
3. The Department may require that the
				respondent file a written response to the complaint and provide any one or more
				of the following:
a. Appraisal
				report,
b. Appraisal
				review,
c. Consulting
				assignment,
d. Property tax appeal
				at issue,
e. Work file,
				and
f. Any other relevant
				records.
4. The
				Department may assign or contract with an investigator.
5. Under A.R.S. §§
										6-123(3),
				6-124,
				12-2212,
				and
				32-3631(C),
				the Director may compel testimony or document production, regardless of whether
				an investigation is in process.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 46 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS DIVISION, REAL ESTATE APPRAISAL › Article 4 - APPRAISAL MANAGEMENT COMPANIES › Section R4-46-401 - Application for Initial Registration

Current through Register Vol. 30, No. 28, July 12, 2024
A. Unless exempt under A.R.S. § 32-3663
				or
				12 USC §
										3353(c), a person shall not
				engage in business as an AMC and shall not provide any appraisal management
				services unless registered with the Department.
B. To register under subsection (A), a person
				shall submit:
1. A registration application,
				which is available from the Department and on its website, and provide the
				information and certifications required under A.R.S. §
										32-3662(B);
2. The name and contact information of the
				controlling person who will be the main contact for all communication between
				the Department and the AMC;
3. For
				the controlling person, each officer, and each individual who owns 10% or more
				of the AMC:
a. A copy of a fingerprint
				clearance card application under A.R.S. §
											41-1758.03,
				and
b. The certification required
				under A.R.S. §
											§
											32-3668(B)(3)
				 or
				32-3669(B)(1),
				as applicable;
4. Proof
				of the surety bond required under A.R.S. §
										32-3667 and
				Section
				R4-46-402;
				and
5. The application fee
				specified under Section
				R4-46-106.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 46 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS DIVISION, REAL ESTATE APPRAISAL › Article 4 - APPRAISAL MANAGEMENT COMPANIES › Section R4-46-402 - Bond Required

Current through Register Vol. 30, No. 28, July 12, 2024
A. The surety
				bond required under A.R.S. §
									32-3667
				shall be in the amount of $20,000 and shall be issued by a surety company
				authorized to do business in Arizona.
B. The controlling person of a registered AMC
				shall ensure that the surety bond required under A.R.S. §
									32-3667
				requires the issuing surety company to provide written notice to the Department
				by registered or certified mail at least 30 days before the surety company
				cancels the bond and within 30 days after the surety company pays a loss under
				the bond.
C. The surety bond
				required under A.R.S. §
									32-3667 is
				to be used exclusively to ensure that a registered AMC pays:
1. All amounts owed to persons that perform
				real estate appraisal services for the AMC, and
2. All amounts adjudged against the AMC as a
				result of either negligent or improper real property appraisal services or
				appraisal management services or of a breach of contract in performing real
				property appraisal services or appraisal management
				services.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 46 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS DIVISION, REAL ESTATE APPRAISAL › Article 4 - APPRAISAL MANAGEMENT COMPANIES › Section R4-46-403 - Change in Controlling Person or Agent for Service of Process; Notice of Adverse Action

Current through Register Vol. 30, No. 28, July 12, 2024
A. If any of the
				information submitted under Section
				R4-46-401(B)(2)
				changes, the controlling person of the registered AMC shall provide to the
				Department written notice of the change within 10 business days.
B. If an individual becomes the controlling
				person of a registered AMC and the information required under Section
				R4-46-401(B)(3) was not previously submitted for the individual, the new
				controlling person shall ensure that the required information is submitted to
				the Department within 10 business days after the change in controlling
				person.
C. If a registered AMC is
				required under A.R.S. §
									32-3662(B)(4)
				 to provide the name and contact information
				for an agent for service of process in this state, the controlling person of
				the AMC shall provide the Department written notice of any change in the
				information within 10 business days.
D. If the regulated entity, the responsible
				person, any controlling person, or any person who owns 10% or more of the firm
				has ever been, or is currently, the subject of any complaint, investigation, or
				disciplinary action against a license, certificate, registration, or membership
				by any state regulatory agency, or any professional or occupational
				credentialing authority that resulted in an adverse judgment against them,
				including any denial, or voluntary surrender, withdrawal, or resignation of a
				credential in lieu of disciplinary action, the controlling person of the AMC
				shall provide the Department with written notice of such action within 10
				business days after such action has been finalized.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 46 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS DIVISION, REAL ESTATE APPRAISAL › Article 4 - APPRAISAL MANAGEMENT COMPANIES › Section R4-46-404 - Application for Renewal Registration

Current through Register Vol. 30, No. 28, July 12, 2024
A. Under A.R.S. §
									32-3665,
				an initial registration for an AMC expires one year after the date of issuance.
				A renewal registration for an AMC expires two years after the date of
				issuance.
B. To renew registration
				for an AMC, the controlling person of the registered AMC shall, within 60 days
				before expiration, submit:
1. A renewal
				registration application,
2. The
				certifications required under A.R.S. §
										32-3662(B),
3. Proof of the surety bond required under
				A.R.S. §
										32-3667 and
				Section R4-46-402,
4. The renewal
				fee under Section
				R4-46-106,
5. Evidence that each person who has at least
				a 10% ownership interest in the AMC and the controlling person have applied for
				a valid fingerprint clearance card unless a valid fingerprint clearance card is
				currently on file with the Department, and
6. Disclose any changes to the percentage of
				ownership.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 46 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS DIVISION, REAL ESTATE APPRAISAL › Article 4 - APPRAISAL MANAGEMENT COMPANIES › Section R4-46-405 - Certifications; National Registry Reporting

Current through Register Vol. 30, No. 28, July 12, 2024
A. Under A.R.S. §
									32-3672,
				the controlling person of a registered AMC is required to make certain
				certifications to the Department at the time the AMC's registration is
				renewed.
B. To make the
				certifications required under A.R.S. §
									32-3672,
				the controlling person of a registered AMC shall use a form that is available
				from the Department and on its website.
C. The controlling person of a registered AMC
				shall make available to the Department, upon request, evidence that the
				certifications are true and that the systems, processes, and records certified
				are effective in protecting the public.
D. In accordance with the provisions
				contained in
				12
				U.S.C. §
										3338, each authorized
				representative or controlling person of an AMC that is either registered with
				the state or federally regulated and operating in Arizona shall annually submit
				an AMC National Registry Report to the Department at least 15 days prior to
				March 1st of each year for the period from January 1 to December 31 of the
				previous year. The AMC National Registry Report shall include:
1. Identifying information for the
				AMC;
2. The number of appraisers
				who have performed an appraisal for the AMC in connection with a covered
				transaction in the state during the previous year, or from the commencement of
				business for AMCs not in existence for the entire previous year; and
3. A signed affirmation by written
				declaration.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 46 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS DIVISION, REAL ESTATE APPRAISAL › Article 4 - APPRAISAL MANAGEMENT COMPANIES › Section R4-46-406 - Appeal for Waiver

Current through Register Vol. 30, No. 28, July 12, 2024
A. Under A.R.S.
				§§
									32-3668 and
				32-3669, an
				AMC for which registration is sought under Section
				R4-46-401
				may not have an owner, controlling person, officer, or other individual with a
				10% or greater financial interest in the AMC who has ever had a financial, real
				estate, or mortgage lending industry license or certificate refused, denied,
				canceled, revoked, or voluntarily surrendered in any state.
B. The requirement in subsection (A) may be
				waived, at the discretion of the Director, when an appeal is made by the
				individual who has had a financial, real estate, or mortgage lending industry
				license or certificate refused, denied, canceled, revoked, or voluntarily
				surrendered.
C. To make an appeal
				for waiver under subsection (B), the individual who has had a financial, real
				estate, or mortgage lending industry license or certificate refused, denied,
				canceled, revoked, or voluntarily surrendered shall submit an appeal for waiver
				form, which is available from the Department and on its website.
D. In deciding whether to waive the
				requirement under subsection (A), the Director shall consider the following
				factors:
1. Whether the refusal, denial,
				cancellation, revocation, or voluntary surrender of a license or certificate
				was based on a finding of fraud, dishonesty, misrepresentation, or deceit on
				the part of the appellant;
2. The
				amount of time that has elapsed since the refusal, denial, cancellation,
				revocation, or voluntary surrender of a license or certificate;
3. Whether the act leading to the refusal,
				denial, cancellation, revocation, or voluntary surrender of a license or
				certificate was an isolated occurrence or part of a pattern of
				conduct;
4. Whether the act leading
				to the refusal, denial, cancellation, revocation, or voluntary surrender of a
				license or certificate appears to have been done for a self-serving
				purpose;
5. The harm caused to
				victims, if any;
6. Efforts at
				rehabilitation, if any, undertaken by the appellant and evidence regarding
				whether the rehabilitation efforts were successful;
7. Restitution made by the appellant to
				victims, if any; and
8. Other
				factors in mitigation or aggravation that the Director determines are
				relevant.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 46 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS DIVISION, REAL ESTATE APPRAISAL › Article 4 - APPRAISAL MANAGEMENT COMPANIES › Section R4-46-407 - Training Required

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				controlling person of a registered AMC shall ensure that all employees and
				other individuals who work on behalf of the AMC and are responsible for
				selecting independent appraisers to perform real property appraisal services
				receive sufficient training to be qualified to comply with federal and state
				law regarding appraisal management services.
B. The controlling person of a registered AMC
				shall ensure that the training required under subsection (A) includes at least
				the following:
1. Overview of USPAP,
2. Federal and state law applicable to real
				property appraisal services,
3.
				Appraiser classifications and the scope of work for each
				classification,
4. Factors that
				influence the complexity of an appraisal assignment, and
5. Maintaining the independence of an
				appraiser.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 46 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS DIVISION, REAL ESTATE APPRAISAL › Article 4 - APPRAISAL MANAGEMENT COMPANIES › Section R4-46-408 - Voluntarily Relinquishing Registration

Current through Register Vol. 30, No. 28, July 12, 2024
A. The controlling person of a registered AMC
				may voluntarily relinquish the AMC's registration if:
1. No complaint is currently pending against
				the AMC,
2. All amounts owed under
				subsection
				R4-46-402(C)
				have been paid, and
3. The AMC is
				in good standing with the Department.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 46 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS DIVISION, REAL ESTATE APPRAISAL › Article 5 - COURSE APPROVAL › Section R4-46-501 - Course Approval Required; Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
A. Under A.R.S. §§
									32-3601(10)
				 and
				32-3625, a
				course must be approved by the Director, including a course presented by
				distance education, before the course is offered in Arizona. A course shall be
				approved as either qualifying or continuing education.
B. Prior to the approval of a course as
				either qualifying or continuing education, the Department shall determine
				whether the course satisfies the qualification criteria under subsection
				R4-46-201(B).
C. A course owner shall ensure that the
				course is not offered as either qualifying or continuing education until the
				course owner receives notice that the course has been approved unless the
				course owner includes notice in the offering materials that course approval is
				pending and no credit may be claimed for participating in the course until
				approval is received.
D. The
				Department shall include in the notice of course approval referenced in
				subsection (C):
1. An index number for the
				approved course,
2. The maximum
				number of hours of instruction (including examination time if applicable) that
				may be claimed for participating in the approved course, and
3. Whether the course is approved as
				qualifying or continuing education.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 46 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS DIVISION, REAL ESTATE APPRAISAL › Article 5 - COURSE APPROVAL › Section R4-46-502 - Approval of Distance-education Delivery Mechanism

Current through Register Vol. 30, No. 28, July 12, 2024
If a course is to be delivered by distance education, the
				  course owner shall obtain approval of the course-delivery mechanism from one of
				  the following sources if required:
1.
				An organization approved by the AQB that provides approval of course design and
				delivery;
2. An accredited
				institution of higher education that approves the content of the course and
				offers and awards academic credit for the distance-education course;
				or
3. An accredited institution of
				higher education that approves the content of the course and a
				distance-education approval organization that approves the course design and
				delivery, which includes interactivity.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 46 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS DIVISION, REAL ESTATE APPRAISAL › Article 5 - COURSE APPROVAL › Section R4-46-503 - Course Owners

Current through Register Vol. 30, No. 28, July 12, 2024
A. Approval of a
				course granted to the course owner extends to a secondary provider. However,
				for a course delivered by distance education:
1. A course owner's approval of the
				course-delivery mechanism, as required under Section
				R4-46-502,
				does not extend to a secondary provider; and
2. Both the course owner and secondary
				provider shall apply for and obtain approval of the course-delivery mechanism
				from a source listed in Section
				R4-46-502.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 46 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS DIVISION, REAL ESTATE APPRAISAL › Article 5 - COURSE APPROVAL › Section R4-46-504 - Application for Course Approval

Current through Register Vol. 30, No. 28, July 12, 2024
Only a course owner may apply for course approval. To apply
				  for course approval, a course owner shall submit to the Department:
1. An application for course approval, which
				is available from the Department and on its website;
2. Materials and other documents that
				demonstrate the course meets the minimum standards specified in Section
				R4-46-506;
3. If the course will be
				offered using distance education, evidence of approval of the course-delivery
				mechanism from a source listed in Section
				R4-46-502;
				and
4. The application fee
				specified under Section
				R4-46-106.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 46 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS DIVISION, REAL ESTATE APPRAISAL › Article 5 - COURSE APPROVAL › Section R4-46-505 - Course Approval without Application

Current through Register Vol. 30, No. 28, July 12, 2024
The Director approves without application the
				  following:
1. A course approved
				through the AQB's voluntary Course Approval Program;
2. The 15-Hour National USPAP Course or its
				equivalent, approved by the AQB, if the course is taught by at least one
				instructor who is certified by the AQB as an USPAP instructor; and
3. The 7-Hour National USPAP Update Course or
				its equivalent, approved by the AQB, if the course is taught by at least one
				instructor who is certified by the AQB as an USPAP instructor.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 46 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS DIVISION, REAL ESTATE APPRAISAL › Article 5 - COURSE APPROVAL › Section R4-46-506 - Minimum Standards for Course Approval

Current through Register Vol. 30, No. 28, July 12, 2024
The Director shall approve a course only if the course owner
				  submits the following materials and documents with the application for approval
				  required under Section
				  R4-46-504
				  and demonstrates the course, including a course presented by distance
				  education, meets the following minimum standards:
1. Course description. Clearly describe the
				subject matter content of the course.
2. Summary outline. Identify major topics and
				the number of classroom hours devoted to each.
3. Prerequisites. Specify necessary
				prerequisites for any course other than a course on:
a. Introductory real estate appraisal
				principles and practices, and
b.
				Appraisal standards and ethics.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 46 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS DIVISION, REAL ESTATE APPRAISAL › Article 5 - COURSE APPROVAL › Section R4-46-507 - Secondary Providers

Current through Register Vol. 30, No. 28, July 12, 2024
The Director shall hold a course owner responsible for the
				  activities of a secondary provider who conducts the course owner's approved
				  course in Arizona. To protect the integrity of the approval, a course owner
				  shall have a written agreement with a secondary provider that requires the
				  secondary provider to:
1. Use the
				materials required under subsection
				R4-46-506(5)
				and the examination required under subsection
				R4-46-506(6)
				without change;
2. Conduct the
				course in accordance with the policies required under subsections
				R4-46-506(7)
				and (8);
3. Clearly state in advertising materials
				that the course has been lawfully acquired from the course owner and that
				approval was provided to the course owner and not to the secondary
				provider;
4. Cease using the
				materials and examination when the course approval expires under Section
				R4-46-510; and
5. If the course is
				to be delivered by distance learning, obtain approval of the course-delivery
				mechanism from a source listed in Section
				R4-46-502.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 46 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS DIVISION, REAL ESTATE APPRAISAL › Article 5 - COURSE APPROVAL › Section R4-46-508 - Compliance Audit of Approved Courses

Current through Register Vol. 30, No. 28, July 12, 2024
A. To improve the quality of education
				available to appraisers in this state, the Department may regularly audit
				approved courses for compliance with this Chapter.
B. The Director shall identify approved
				courses for audit using the following to establish the priority of audits:
1. Approved courses about which a complaint
				has been received,
2. Approved
				courses of a course owner that is new to this state, and
3. Approved courses that have not been
				audited in the last five years.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 46 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS DIVISION, REAL ESTATE APPRAISAL › Article 5 - COURSE APPROVAL › Section R4-46-509 - Changes to an Approved Course

Current through Register Vol. 30, No. 28, July 12, 2024
The Director encourages revisions and updates that improve
				  and keep an approved course current. However, if any of the information
				  provided under subsections
				  R4-46-506(1),
				  (2), (4), or (5) changes so substantially as
				  to alter the scope of the approved course as determined at the sole discretion
				  of the Director, the course owner of the approved course shall submit a new
				  application for approval under Section
				  R4-46-504.