reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 12 - OFFICE OF THE SECRETARY OF STATE › Article 12 - ELECTRONIC NOTARY › Section R2-12-1207 - Journal

Current through Register Vol. 30, No. 28, July 12, 2024
An electronic notary public shall keep a journal of all
				  electronic notarial acts in bound paper form with the same form as required in
				  A.R.S. §
									41-319 and
				  shall be under the sole control of the electronic notary
				  public.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 12 - OFFICE OF THE SECRETARY OF STATE › Article 12 - ELECTRONIC NOTARY › Section R2-12-1208 - Requirements for Authenticating the Notarial Act

Current through Register Vol. 30, No. 28, July 12, 2024
Electronic notarial acts need to fulfill certain basic
				  requirements to ensure non-repudiation and the capability of being
				  authenticated by the Secretary of State for purposes of issuing Apostilles and
				  Certificates of Authentication. They are as follows:
1. The fact of the notarial act, including
				the notary's identity, signature, and commission status, must be verifiable by
				the Secretary of State, and
2. The
				notarized electronic document will be rendered ineligible for authentication by
				the Secretary of State if it is improperly modified after the time of
				notarization, including any unauthorized alterations to the document content,
				the electronic notarial certificate, the notary public's electronic signature,
				and/or the notary public's official electronic seal.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 12 - OFFICE OF THE SECRETARY OF STATE › Article 13 - REMOTE ONLINE NOTARIZATION › Section R2-12-1302 - Authority to Perform Remote Online Notarization

Current through Register Vol. 30, No. 28, July 12, 2024
A. A notary public of this state may perform
				remote online notarizations during the term of the notary public's commission
				if:
1. 'The notary public has received written
				authorization from the Secretary of State to perform remote online
				notarizations under this Article; and
2. The Secretary of State has not terminated
				or revoked such authorization.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 12 - OFFICE OF THE SECRETARY OF STATE › Article 13 - REMOTE ONLINE NOTARIZATION › Section R2-12-1303 - Use of Electronic Notarization

Current through Register Vol. 30, No. 28, July 12, 2024
In performing a remote online notarization, a notary public
				  must comply with the requirements for electronic notarization as provided in
				  Article 12.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 12 - OFFICE OF THE SECRETARY OF STATE › Article 13 - REMOTE ONLINE NOTARIZATION › Section R2-12-1304 - Registration

Current through Register Vol. 30, No. 28, July 12, 2024
A. To receive
				authorization from the Secretary of State to perform remote online
				notarizations a notary public must submit an application in a format prescribed
				by the Secretary of State that provides the following information about the
				applicant:
1. The applicant's full legal name
				and the name under which the applicant is commissioned as a notary public (if
				different);
2. The applicant's
				email address;
3. A description of
				the technologies or devices that the applicant intends to use to perform remote
				online notarizations;
4. The name,
				address, and website URL of any vendors or other persons that will directly
				supply to the applicant the technologies that the applicant intends to
				use;
5. A statement certifying that
				the technologies described in the application comply with the requirements of
				this Article; and
6. A disclosure
				of any professional license or commission revocations or other professional
				disciplinary actions taken under the laws of any state against the
				applicant.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 12 - OFFICE OF THE SECRETARY OF STATE › Article 13 - REMOTE ONLINE NOTARIZATION › Section R2-12-1305 - Standards for Identity Verification

Current through Register Vol. 30, No. 28, July 12, 2024
A. If a notary public does not have
				satisfactory evidence of the identity of a remotely located individual under
				subsection (D), the notary public must reasonably verify the individual's
				identity through a multi-factor authentication procedure as provided in this
				section and in subsections (B) and (C). The procedure must analyze the
				individual's identification credential that is the subject of remote
				presentation against trusted third-person data sources, bind the individual's
				identity to the individual following successful dynamic knowledge-based
				authentication assessment, and permit the notary public to visually compare the
				identification credential and the individual. Credential analysis and identity
				proofing must be performed by a reputable third party who has provided evidence
				to the notary public of the ability to satisfy the requirements of this
				Article.
B. Credential analysis
				must use public or private data sources to confirm the validity of the
				identification credential that is the subject of remote presentation by a
				remotely located individual and shall, at a minimum:
1. Use automated software processes to aid
				the notary public in verifying the identity of each remotely located
				individual;
2. Require the
				identification credential to pass an authenticity test, consistent with sound
				commercial practices, that uses appropriate technologies to confirm the
				integrity of visual, physical, or cryptographic security features and to
				confirm that the identification credential is not fraudulent or inappropriately
				modified;
3. Use information held
				or published by the issuing source or an authoritative source, as available and
				consistent with sound commercial practices, to confirm the validity of personal
				details and identification credential details; and
4. Enable the notary public to visually
				compare for consistency the information and photograph on the identification
				credential and the remotely located individual as viewed by the notary public
				in real time through communication technology.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 12 - OFFICE OF THE SECRETARY OF STATE › Article 13 - REMOTE ONLINE NOTARIZATION › Section R2-12-1306 - Standards for Communication Technology

Current through Register Vol. 30, No. 28, July 12, 2024
A. Communication technology must provide for
				synchronous audio-video feeds of sufficient video resolution and audio clarity
				to enable the notary public and remotely located individual to see and speak
				with each other. The process must provide a means for the notary public
				reasonably to confirm that an electronic record before the notary public is the
				same record in which the remotely located individual made a statement or on
				which the remotely located individual executed a signature.
B. Communication technology must provide
				reasonable security measures to prevent unauthorized access to:
1. The live transmission of the audio-visual
				feeds;
2. The methods used to
				perform identify verification; and
3. The electronic record that is the subject
				of the remote online notarization.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 12 - OFFICE OF THE SECRETARY OF STATE › Article 13 - REMOTE ONLINE NOTARIZATION › Section R2-12-1308 - Record Retention and Depositories

Current through Register Vol. 30, No. 28, July 12, 2024
A. A notary public must retain the electronic
				journal required and any audio-visual recording of the performance of each
				remote online notarial act in a computer or other electronic storage device
				that protects the journal and recording against unauthorized access by password
				or cryptographic process. The recording must be created in an
				industry-standard, audiovisual file format and must not include images of any
				electronic record that was the subject of the remote online
				notarization.
B. An electronic
				journal must be retained for at least five years after the last remote online
				notarial act chronicled in the journal. An audio-visual recording must be
				retained for at least five years after the recording is made.
C. A notary public must take reasonable steps
				to ensure that a backup of the electronic journal and audio-visual recording
				exists and is secure from unauthorized use.
D. On the death or adjudication of
				incompetency of a current or former notary public, the notary public's personal
				representative or guardian or any other person knowingly in possession of an
				electronic journal or audio-visual recording must:
1. Comply with the retention requirements of
				this section;
2. Transmit the
				journal and recording to one or more depositories under subsection (E);
				or
3. Transmit the journal and
				recording in an industry-standard readable data storage device to the Secretary
				of State at: Secretary of State, Attn: Notary Department, 1700 W. Washington
				Street, Floor 7, Phoenix, AZ 85007-2808.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 12 - OFFICE OF THE SECRETARY OF STATE › Article 13 - REMOTE ONLINE NOTARIZATION › Section R2-12-1309 - Electronic Record of Remote Online Notarizations

Current through Register Vol. 30, No. 28, July 12, 2024
A. A notary public shall record each remote
				online notarial act performed by the notary public in chronological order in
				one or more journals maintained in a permanent, tamper-evident electronic
				format that complies with this Article. A notary public may not record a remote
				online notarial act in a paper journal required by section A.R.S. §
									41-319.
				Each journal entry shall include:
1. The date
				and time of the notarial act;
2. A
				description of the record, if any, and type of notarial act;
3. The full name and address of each
				individual for whom the remote online notarial act is performed;
4. If the identity of the individual is based
				on personal knowledge, a statement to that effect;
5. If the identity of the individual is based
				on credential analysis and identity proofing, a brief description of the
				results of the identity verification process and the identification credential
				presented, including the date of issuance and expiration of the identification
				credential but not its serial or identification number;
6. If the identity of the individual is based
				on an oath or affirmation of a credible witness, the information required by
				subsections (3), (4) and (5) of this section with respect to the credible
				witness;
7. A fee, if any, charged
				by the notary public.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 13 - State Board of Investment › Article 1 - GENERAL PROVISIONS › Section R2-13-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In this Article, unless otherwise specified, the following
				  terms mean:
1. "General Accounting Office" means the General Accounting
				  Office of the Department of Administration.
2. "General Fund" means the General Fund of the State as
				  defined in A.R.S. §
									35-141.
3. "Servicing Bank" means the bank awarded the servicing bank
				  contract pursuant to A.R.S. §
									35-315(C).
4. "Servicing Bank Contract" means the contract awarded
				  pursuant to A.R.S. §
									35-315.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 13 - State Board of Investment › Article 1 - GENERAL PROVISIONS › Section R2-13-102 - Servicing Bank Charges Account

Current through Register Vol. 30, No. 28, July 12, 2024
A. As authorized by A.R.S. §
									35-315(B),
				General Fund interest earnings shall be deposited monthly into a General Fund
				account known as the "Servicing Bank Charges Account" to the extent necessary
				to pay for current servicing charges.
B. Claims for servicing bank charges shall be
				paid from the Servicing Bank Charges Account. After each payment the General
				Accounting Office shall transfer any remaining interest earnings in the
				Servicing Bank Charges Account into the General Fund.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 13 - State Board of Investment › Article 1 - GENERAL PROVISIONS › Section R2-13-103 - Information Required to be Submitted with Servicing Bank's Monthly Statement

Current through Register Vol. 30, No. 28, July 12, 2024
This Servicing Bank shall deliver to the state treasurer its
				  monthly account analysis statement for services rendered in the preceding month
				  which shall include the number and type of transactions performed, amount and
				  time duration of deposits, and any other information required under the
				  servicing bank contract.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 13 - State Board of Investment › Article 2 - AZ529, ARIZONA'S EDUCATION SAVINGS PLAN › Section R2-13-201 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
A. "Account year"
				means the period beginning on October 1 and ending on September 30 of each
				year.
B. "A.R.S." means Arizona
				Revised Statutes.
C. "Board" means
				the Arizona State Board of Investment.
D. "Cash" means
				currency, bills and coin in circulation, or converting a negotiable instrument
				to cash by endorsing and presenting to a financial institution for deposit. An
				automatic transfer, cashier's check, certified check, money order, payroll
				deposit, traveler's check, personal check, and wire transfer will be treated as
				cash. Deposits will also be accepted by credit card.
E. "Code" means the
				Internal Revenue Service Code of 1986, as amended, or the corresponding
				provision of any future United States Internal Revenue law.
F.
				"Distributee" means the designated beneficiary or the account owner who
				receives or is treated as receiving a distribution from an account. If a
				distribution is made directly to the designated beneficiary or to an eligible
				educational institution for the benefit of the designated beneficiary, the
				designated beneficiary is the distributee. In all other circumstances, the
				account owner is the distributee.
G. "Eligible
				educational institution" means an institution of higher education that
				qualifies under § 529 of the Code as an eligible educational
				institution.
H. "Financial
				institution" means a financial institution as defined in A.R.S. §
									15-1871(6).
I. "Negotiable instrument" means negotiable
				instrument as defined in A.R.S. §
									47-3104.
J. "Qualified Tuition Program" means a
				qualified tuition program as defined in § 529 of the Code.
K. "Treasurer" means the Office of the
				Arizona State Treasurer.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 13 - State Board of Investment › Article 2 - AZ529, ARIZONA'S EDUCATION SAVINGS PLAN › Section R2-13-202 - Cash Contributions; Fees

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Contributions to accounts in all qualified tuition programs shall be made only
				in cash as defined in R2-13-201.
B. Application fee. The
				application fee is $10. Application fees shall be forwarded to the Treasurer at
				the end of the month in which the account is opened. A financial institution
				may waive the application fee but will nevertheless be responsible for
				tendering to the Treasurer $10 for each new account opened; said tender to be
				made at the end of the month in which the account is opened. The Treasurer
				shall review the application fee every 24 months and recommend to the Board
				whether the application fee should be adjusted.
C. Reasonable fees and charges. Reasonable
				fees and charges may be levied against a qualified tuition program pursuant to
				an agreement for services between a financial institution and the Board. Fees
				shall be forwarded to the Treasurer at the end of each month.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 13 - State Board of Investment › Article 2 - AZ529, ARIZONA'S EDUCATION SAVINGS PLAN › Section R2-13-203 - Changing Designated Beneficiary

Current through Register Vol. 30, No. 28, July 12, 2024
An account owner may change the designated beneficiary so
				  long as the new designated beneficiary is a member of the family, as defined in
				  § 529 of the Code, A.R.S. §
									15-1871(8)
				   or both, of the previously named designated
				  beneficiary. The account owner must certify and provide to the financial
				  institution the name, address, social security number, and relationship of the
				  new designated beneficiary to the previously named designated beneficiary on a
				  form prescribed by the financial institution and approved by the Treasurer. The
				  change shall be effective upon the financial institution's receipt of such
				  certification.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 13 - State Board of Investment › Article 2 - AZ529, ARIZONA'S EDUCATION SAVINGS PLAN › Section R2-13-204 - Account Balance Limitations

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				For each designated beneficiary, the balance in all qualified tuition programs,
				as defined in § 529 of the Code, shall not exceed the lesser of:
1. The product (rounded down to the nearest
				multiple of $1000) of 7 and the average one year's undergraduate tuition, fees,
				room and board at the ten independent four year eligible educational
				institutions as measured and last published by the College Board's Independent
				College 500 Index that have the largest total direct charges. For purposes of
				this subsection, "total direct charges" means the charges determined for each
				eligible educational institution by multiplying the eligible educational
				institution's undergraduate enrollment by the reported tuition, fees, room and
				board for an on-campus student at the eligible educational institution;
				or
2. The cost in current dollars
				of qualified higher education expenses the account owner reasonably anticipates
				the designated beneficiary will incur.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 13 - State Board of Investment › Article 2 - AZ529, ARIZONA'S EDUCATION SAVINGS PLAN › Section R2-13-205 - Withdrawals; Uses of Withdrawn Funds

Current through Register Vol. 30, No. 28, July 12, 2024
A. An account owner may withdraw funds from
				an account at any time. The designated beneficiary of an account shall not have
				any authority to withdraw funds from an account unless the account is
				structured to give the designated beneficiary such right of withdrawal upon
				matriculation or upon incurring qualified higher education expenses as defined
				in A.R.S. §
									15-1871(12)
				 and § 529 of the Code.
B. Neither the Board nor the Treasurer are
				responsible for tracking how withdrawn funds are used. It is the responsibility
				of the account owner to ensure that withdrawn funds are used for qualified
				higher education expenses as defined in A.R.S. §
									15-1871(12)
				 and § 529 of the Code, and to substantiate
				any exemption from tax or penalty.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 13 - State Board of Investment › Article 2 - AZ529, ARIZONA'S EDUCATION SAVINGS PLAN › Section R2-13-206 - Oversight of Financial Institutions

Current through Register Vol. 30, No. 28, July 12, 2024
A. Disclaimer of state liability. Unless
				otherwise expressly agreed upon by the Treasurer in writing, every document
				pertaining to the AZ529, Arizona's Education Savings Plan shall clearly
				indicate that "The account is not insured by the state of Arizona and neither
				the principal deposited nor the investment return is guaranteed by the state of
				Arizona." A rubber stamp may be used to imprint this language on deposit slips,
				account statements, payroll stubs, or other documents pertaining to the AZ529,
				Arizona's Education Savings Plan. This language may also be hand-written or
				typed or provided by any other method to facilitate compliance.
B. No Investment Direction. A financial
				institution shall not permit an account owner to move funds, once deposited,
				that in any way would result in investment direction of the funds or earnings
				on the funds except to the extent permissible under § 529 of the Code and any
				applicable regulations and guidance.
C. Reporting Requirements.
1. At least quarterly, every financial
				institution shall provide each account owner with a statement. The statement
				shall list a beginning balance, all activity during the quarter, including any
				interest paid or dividends earned, and an ending balance. Additionally, the
				statement for the fourth quarter shall include the following information: an
				annual beginning balance, an annual total of the interest earned or dividends
				paid, a year-end balance, and any distributions paid.
2. Within the time-frames established by the
				Code, financial institutions, at the request of the Treasurer, shall provide
				Form 1099Q to all distributees.
3.
				A copy of the statement described in (C)(1) and (2) shall be sent to the
				Treasurer. Additionally, each financial institution shall provide the Treasurer
				with the information required by A.R.S. §
										15-1874(H).
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 13 - State Board of Investment › Article 2 - AZ529, ARIZONA'S EDUCATION SAVINGS PLAN › Section R2-13-207 - IRS Regulations, Rulings, Notices, and Other Guidance

Current through Register Vol. 30, No. 28, July 12, 2024
A. If (i) the
				Internal Revenue Service issues on or after February 27, 2002, any regulation,
				ruling, notice or other precedential guidance on procedures or activities that
				a qualified tuition program may adopt or undertake without jeopardizing its
				exemption under § 529 of the Code, (ii) such guidance is less restrictive than
				any rule contained in Title 2, Chapter 13, Article 2, and (iii) the more
				restrictive rule was not mandated by A.R.S. §§
									15-1871 to
				15-1877,
				then the more restrictive rule shall be deemed liberalized to the maximum
				extent possible without violating A.R.S. §§
									15-1871
				through
				15-1877
				or any requirements for a program to qualify as a qualified tuition program
				under § 529 of the Code.
B. If (i)
				the Internal Revenue Service issues on or after February 27, 2002, any
				regulation, ruling, notice or other precedential guidance on procedures or
				activities that a qualified tuition program shall or shall not adopt or
				undertake to avoid jeopardizing its exemption under § 529 of the Code and (ii)
				the rules contained in Title 2, Chapter 13, Article 2 or the statutes contained
				in A.R.S. §§
									15-1871 to
				15-1877
				do not include such requirement or prohibition, then these rules shall be
				deemed amended to the maximum extent possible without violating A.R.S. §§
									15-1871
				through
				15-1877
				to adopt such requirement or prohibition.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 14 - OFFICE OF THE ARIZONA STATE TREASURER - STATEWIDE COLLATERAL POOL › Article 1 - STATEWIDE COLLATERAL POOL › Section R2-14-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
A.The definitions
				in A.R.S. §
									35-1201
				apply to this Chapter.
B.Additionally, in this Chapter:
1. "Collateral pool" means the method of
				securing repayment of uninsured balances of public deposits made with an
				eligible depository through the pledge of eligible investments specified under
				A.R.S. §
										35-323.
2. "CUSIP" means Committee on Uniform
				Security Identification Procedures and refers to a nine character alphanumeric
				code that uniquely identifies a financial security.
3. "EST" means Eastern Standard
				Time.
4. "FDIC" means the Federal
				Deposit Insurance Corporation.
5.
				"Treasurer" means the Office of the Arizona State Treasurer.
6. "Uninsured" means public monies deposited
				with an eligible depository that exceed the amount insured by an
				instrumentality of the United States.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 14 - OFFICE OF THE ARIZONA STATE TREASURER - STATEWIDE COLLATERAL POOL › Article 1 - STATEWIDE COLLATERAL POOL › Section R2-14-102 - Participation Mandatory

Current through Register Vol. 30, No. 28, July 12, 2024
A.Public
				depositors.
1. Except as provided under
				A.R.S. §
										35-1204(B),
				all public depositors shall place deposits of uninsured public monies with an
				eligible depository.
2. A public
				depositor that decides to exercise the exemption provided under A.R.S. §
										35-1204(B)
				 shall provide written notice of the decision
				to the Administrator.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 14 - OFFICE OF THE ARIZONA STATE TREASURER - STATEWIDE COLLATERAL POOL › Article 1 - STATEWIDE COLLATERAL POOL › Section R2-14-103 - Collateral Required

Current through Register Vol. 30, No. 28, July 12, 2024
A.An
				eligible depository that intends to accept and retain uninsured public monies
				shall execute a Collateral Security Agreement with the Treasurer, using a form
				that is available on the web site of the Treasurer. In the agreement, the
				eligible depository shall pledge for the benefit of the Treasurer eligible
				collateral having a market value of at least 102 percent of the retained amount
				of uninsured public monies.
B.An
				eligible depository shall deposit all eligible collateral, including a letter
				of credit that satisfies the requirements at A.R.S. §§
									35-312(A)(4)
				 and
				35-323(G)(4),
				with a qualified escrow agent that will hold the required collateral in trust
				for the use and benefit of the Treasurer on behalf of the collateral
				pool.
C.An eligible depository that
				does not have a preferred qualified escrow agent may ask the Administrator for
				permission to use the Treasurer's existing custodial contracts as a qualified
				escrow agent.
D.An eligible
				depository that has pledged required collateral to a housing authority in an
				amount and manner required by the United States Department of Housing and Urban
				Development is not required to pledge additional collateral to the collateral
				pool. However, the eligible depository shall include the HUD-related public
				monies in the reports required under
				R2-14-105.
E.  If an eligible depository uses
				a security as eligible collateral, the eligible depository shall:
1. At the time the security is deposited with
				a qualified escrow agent, forward to the Administrator the par and market value
				of the security, identified by the security's CUSIP, and the source of the
				valuation. The Administrator shall, from time to time, test the market value of
				the security using an independent source; and
2. If the security matures or is called for
				redemption, the cash proceeds will be retained by the qualified escrow agent
				until substitute collateral is pledged to replace the matured or called
				security.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 14 - OFFICE OF THE ARIZONA STATE TREASURER - STATEWIDE COLLATERAL POOL › Article 1 - STATEWIDE COLLATERAL POOL › Section R2-14-104 - Increasing, Releasing, and Substituting Eligible Collateral

Current through Register Vol. 30, No. 28, July 12, 2024
A.If a public
				depositor anticipates making a late-day (5:00 p.m. EST or later) increase in
				the amount of public monies deposited with an eligible depository, the public
				depositor shall notify the Administrator. The Administrator shall notify the
				eligible depository of the anticipated deposit and if needed, require that
				additional eligible collateral be pledged.
B.If an eligible depository determines that
				the amount of eligible collateral deposited with a qualified escrow agent
				exceeds the amount required under
				R2-14-103(A),
				the eligible depository may request that the Administrator release the excess
				collateral or if the collateral is a letter of credit, consent to a reduction
				in the face amount of credit. The Administrator shall approve the request as
				soon as the Administrator determines that the amount of collateral held by the
				qualified escrow agent exceeds the amount required.
C.Except as provided in A.R.S. §
									35-1208(C),
				an eligible depository may make substitutions of pledged eligible collateral if
				the amount of required collateral is maintained.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 14 - OFFICE OF THE ARIZONA STATE TREASURER - STATEWIDE COLLATERAL POOL › Article 1 - STATEWIDE COLLATERAL POOL › Section R2-14-105 - Reports Required

Current through Register Vol. 30, No. 28, July 12, 2024
A.Contact
				information. An eligible depository shall provide the Administrator, using a
				form available on the Treasurer's web site, with the following:
1. Information the Administrator needs to
				contact the individual responsible for ensuring that the eligible depository
				complies with A.R.S. Title 35, Chapter 10, and this Chapter;
2. Information the Administrator needs to
				contact each public depositor including:
a.
				Name and physical address of the public depositor; and
b. Telephone and fax numbers and e-mail
				address of the individual who is to receive monthly statements from the
				Administrator; and
3.
				Updated information promptly after any of the information provided under
				subsection (A)(1) or (2) changes.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 14 - OFFICE OF THE ARIZONA STATE TREASURER - STATEWIDE COLLATERAL POOL › Article 1 - STATEWIDE COLLATERAL POOL › Section R2-14-106 - Use of Reports

Current through Register Vol. 30, No. 28, July 12, 2024
A.If the
				Administrator determines after reviewing either the daily report or detailed
				daily report that an eligible depository has pledged insufficient collateral to
				the collateral pool, the Administrator shall immediately contact the eligible
				depository and require that additional collateral be pledged.
B.An eligible depository that is contacted
				under subsection (A) shall send a report to the Administrator identifying the
				additional collateral pledged by CUSIP, par value, and market value.
C.If an eligible depository fails to pledge
				additional collateral as required under subsection (A) or provide the report
				required under subsection (B) by 3:00 p.m. EST of the day contacted by the
				Administrator, the Administrator shall take one or more of the following
				actions:
1. Provide written notice to the
				eligible depository of intent to assess a daily civil penalty of:
a. $250 for failure to comply with subsection
				(A), and
b. $100 for failure to
				comply with subsection (B);
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 14 - OFFICE OF THE ARIZONA STATE TREASURER - STATEWIDE COLLATERAL POOL › Article 1 - STATEWIDE COLLATERAL POOL › Section R2-14-107 - Fee Assessment

Current through Register Vol. 30, No. 28, July 12, 2024
A.Under
				A.R.S. §
									35-1212,
				the collateral pool is required to be self-supporting. The Administrator is
				authorized to assess fair and equitable fees from eligible
				depositories.
B.Annual assessment.
				The Administrator shall annually assess an eligible depository required under
				R2-14-102(B)
				to pledge eligible collateral to the collateral pool an amount that reflects
				the eligible depository's daily average portion of uninsured public monies on
				deposit.
1. The Administrator shall determine
				the total amount to be assessed based on expenses incurred to administer and
				enforce the collateral pool during a calendar year.
2. The Administrator shall inform each
				eligible depository of the depository's assessed amount by January 15 of each
				year.
3. An eligible depository
				shall pay the assessed amount by February 15 of each year.
4. If an eligible depository enters or leaves
				the collateral pool during a calendar year, the Administrator shall make or
				refund a partial assessment.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 14 - OFFICE OF THE ARIZONA STATE TREASURER - STATEWIDE COLLATERAL POOL › Article 1 - STATEWIDE COLLATERAL POOL › Section R2-14-108 - Payment of Losses

Current through Register Vol. 30, No. 28, July 12, 2024
A.The
				Administrator shall find that an eligible depository is in default if the
				eligible depository:
1. Fails to return to a
				public depositor public monies including earned interest in accordance with the
				terms of the depository agreement;
2. Is subject to a court order or formal
				action by a supervisory authority that has the effect of restraining the
				eligible depository from making payments of deposit liabilities; or
3. Has had a receiver appointed by a
				supervisory authority.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 14 - OFFICE OF THE ARIZONA STATE TREASURER - STATEWIDE COLLATERAL POOL › Article 1 - STATEWIDE COLLATERAL POOL › Section R2-14-109 - Civil Penalty for Noncompliance; Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A.The Administrator may assess a civil
				penalty in the amount specified under A.R.S. §
									35-1211
				against an eligible depository for failing to:
1. Maintain required collateral, or
2. File a report required under
				R2-14-105.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 15 - Department of Administration - General Services Division › Article 3 - MATERIALS MANAGEMENT › Section R2-15-301 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In this Article, unless the context otherwise states:
"Capital asset" has the same meaning as "nonexpendable
				  materials" in A.R.S. §
									41-2601.
"Department" means the Department of Administration.
"Direct transfer" means the transfer of surplus or excess
				  materials by the Surplus Property Management Office from one state governmental
				  unit to another without physically moving the property to the Surplus Property
				  Management Office.
"Director" means the director of the Department of
				  Administration.
"Established markets" means those places where materials are
				  regularly bought and sold at prices set by open competition.
"Fair market value" means the price at which sales have been
				  consummated for materials of like type, quality, and quantity in a particular
				  market at the time of acquisition.
"General Accounting Administrator" means the person holding
				  the position as Administrator of the General Accounting Office, Financial
				  Services Division of the Department of Administration.
"Posted prices" means the sale price determined by the
				  Surplus Property Administrator to be fair market value.
"State governmental unit" means any department, commission,
				  council, board, bureau, committee, institution, agency, government corporation
				  or other establishment or official of the executive branch or corporation
				  commission of this state. A.R.S. §
									41-2503.
"State plan of operation" means the agreement for acquiring
				  federal surplus property between the state and the United States General
				  Services Administration.
"Surplus Property Administrator" means the person holding the
				  position as Administrator of the Surplus Property Management Office, Management
				  Services Division of the Department of Administration.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 15 - Department of Administration - General Services Division › Article 3 - MATERIALS MANAGEMENT › Section R2-15-304 - Materials Inventory Report and Submission of Contracts

Current through Register Vol. 30, No. 28, July 12, 2024
A. Each state governmental unit, at the end
				of each fiscal year, shall prepare and submit to the General Accounting
				Administrator an inventory report of all materials warehoused or otherwise held
				by the unit, verified by a physical count and certified by the unit's
				highest-ranking officer, which lists all of the following:
1. Nonexpendable materials (capital assets),
				capitalized in accordance with the state of Arizona Accounting
				Manual;
2. Nonexpendable materials
				(capital assets) held under capital leases and similar financial
				arrangements;
3. Nonexpendable
				materials (capital assets) that have been, or will be, leased or rented for
				more than 90 days; and
4. Other
				materials warehoused or otherwise held by the units that are subject to the
				stewardship requirements of the state of Arizona Accounting Manual.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 15 - Department of Administration - General Services Division › Article 3 - MATERIALS MANAGEMENT › Section R2-15-305 - Lost, Stolen, or Destroyed Nonexpendable Materials (Capital Assets)

Current through Register Vol. 30, No. 28, July 12, 2024
A. A state
				governmental unit shall immediately report theft of nonexpendable materials to
				the appropriate law enforcement agency.
B. Within 10 days after discovery, a state
				governmental unit shall report lost, stolen, or destroyed nonexpendable
				materials to the General Accounting Administrator. Based upon results of an
				investigation, the General Accounting Administrator may authorize the unit, in
				writing, to delete the missing nonexpendable materials from any internal
				inventory report and the AFIS Fixed Asset Subsystem (FAS). If materials are
				deleted from the inventory and subsequently located, the unit shall again list
				the materials in any internal inventory report and on the FAS.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 15 - Department of Administration - General Services Division › Article 3 - MATERIALS MANAGEMENT › Section R2-15-306 - Federal Surplus Materials Program

Current through Register Vol. 30, No. 28, July 12, 2024
The Surplus Property Administrator shall:
1. Prepare and file a state plan of operation
				with the United States General Services Administration.
2. Act on behalf of the state with any
				federal agencies or other surplus property agencies regarding federal surplus
				materials.
3. Distribute federal
				surplus materials to eligible entities.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 15 - Department of Administration - General Services Division › Article 3 - MATERIALS MANAGEMENT › Section R2-15-307 - Authority for Transfer of Materials

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Surplus Property Administrator shall
				determine whether an entity is eligible to acquire federal or state surplus
				materials. Eligibility for federal surplus materials is determined in
				accordance with federal law. The determination of whether an entity is eligible
				for state surplus materials is based on whether the entity:
1. Is eligible to receive federal surplus
				materials, or
2. Is a federal
				income tax exempt non-profit entity that is a health or educational
				organization as defined in federal law that has at least one full-time salaried
				employee and demonstrates a public benefit for receiving state surplus
				materials.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 15 - Department of Administration - General Services Division › Article 3 - MATERIALS MANAGEMENT › Section R2-15-308 - Fees and Charges

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Surplus Property Administrator shall determine and assess proper service and
				handling fees, with the approval of the Director for the acquisition, receipt,
				warehousing, rehabilitation, delivery, distribution, or transfer of state
				surplus materials. The Surplus Property Administrator shall ensure that fees
				are fair and equitable, based on the cost of services performed, and consistent
				with the continuous maintenance support requirements of the Surplus Property
				Management Office.
1. The Surplus Property
				Administrator shall approve or deny any direct transfer of state surplus
				materials between state governmental units. The Surplus Property Office shall
				not assess a service and handling fee if a direct transfer between state
				governmental units can be accomplished without the use of personnel, equipment,
				or facilities, of the Surplus Property Management Office.
2. For all other direct transfers of state
				surplus materials, the Surplus Property Administrator shall assess a service
				and handling fee. The receiving entity shall pay a transfer fee of 10% of the
				fair market value of the materials. The minimum fee is $20.00 and the maximum
				fee is $300.00.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 15 - Department of Administration - General Services Division › Article 3 - MATERIALS MANAGEMENT › Section R2-15-309 - Surplus Materials Revolving Funds

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Surplus Property Administrator may,
				after a determination that a portion of the monies in the state surplus
				materials revolving fund is uncommitted for a period of three months, authorize
				the State Treasurer to deposit that portion of the monies in a
				government-insured depository institution offering a rate of return with
				maturity of 13 months or less from the date of purchase. All interest earned
				shall be credited to the revolving fund.
B. The federal surplus materials revolving
				fund shall be maintained in accordance with the state plan of operation.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 15 - Department of Administration - General Services Division › Article 3 - MATERIALS MANAGEMENT › Section R2-15-310 - Allocation of Proceeds from Sale or Disposal of Excess or Surplus Materials

Current through Register Vol. 30, No. 28, July 12, 2024
A. Except
				as provided in other law, subsection (B), or subsection (C), the Surplus
				Property Administrator shall ensure that proceeds from the disposition of
				excess or surplus materials are retained by the Surplus Property
				Office.
B. Except the Department of
				Public Safety, under A.R.S. §
									41-1713(B)(6),
				the Surplus Property Office shall not reimburse a state government unit for
				transfer or sale of materials if the unit originally purchased the materials
				with General Fund monies.
C. The
				Surplus Property Administrator shall reimburse proceeds from the disposition of
				materials originally purchased with special fund monies, such as revolving,
				dedicated, or federal funds, less the Surplus Property Office's fee, for the
				material's transfer or sale, according to the following schedule. The Surplus
				Property Administrator shall:
1. For direct
				transfer of state excess or surplus materials, collect the fee required in
				R2-15-308(A) and reimburse the balance of the sale proceeds to the transferring
				agency; or
2. For non-direct
				transfer or sale of state excess or surplus materials:
a. Reimburse nothing if the sale proceeds for
				an item are less than or equal to $50.00; or
b. Reimburse at a rate of not less than 70%
				of the sale proceeds for an item that sells for a price greater than $50.00;
				and
3. Reimburse sale
				proceeds after the sale is completed.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 16 - Office of the Ombudsman - Citizens' Aide › Article 1 - GENERAL PROVISIONS › Section R2-16-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions provided in A.R.S. §
									41-1371,
				  the following apply in this Chapter:
1. "Complainant" means a person who files a complaint with
				  the Office.
2. "Confidential information" means oral or written
				  information, including a record, for which restricted access is required by
				  federal or Arizona law. Confidential information also includes identifying
				  personal information a complainant or witness requests not be disclosed.
3. "Document" means a paper or electronic: record,
				  memorandum, form, book, letter, file, drawing, map, or plat.
4. "Misconduct" means any act or omission by an employee that
				  constitutes a material or substantial breach of the employee's duties or
				  obligations or that adversely affects a material or substantial interest of the
				  employer.
5. "Office" means the Office of the Ombudsman-Citizens'
				  Aide.
6. "Ombudsman-citizens' aide" means the person appointed to
				  the position of ombudsman-citizens' aide under the provisions of A.R.S. §
									41-1373.
7. "Photograph" means a paper or electronic photographic
				  representation, photographic file, motion picture, video tape, microfilm, or
				  microphotograph.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 16 - Office of the Ombudsman - Citizens' Aide › Article 2 - HANDLING CONFIDENTIAL MATERIAL › Section R2-16-201 - Protecting the Identity of a Complainant or Witness

Current through Register Vol. 30, No. 28, July 12, 2024
The Office shall not release to an agency, the public, or
				  anyone else, information that reveals the identity of a complainant or witness
				  without permission from the complainant or witness.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 16 - Office of the Ombudsman - Citizens' Aide › Article 2 - HANDLING CONFIDENTIAL MATERIAL › Section R2-16-203 - Requirement to Close Case before Violating Confidentiality

Current through Register Vol. 30, No. 28, July 12, 2024
The Office shall stop an investigation and close a case if it
				  cannot proceed further without releasing identifying information about a
				  complainant who requested confidentiality. Before stopping the investigation
				  and closing the case for this reason, the Office shall ask the complainant for
				  permission to release identifying information.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 16 - Office of the Ombudsman - Citizens' Aide › Article 2 - HANDLING CONFIDENTIAL MATERIAL › Section R2-16-205 - Protecting Confidential Agency Information

Current through Register Vol. 30, No. 28, July 12, 2024
The Office shall give confidential information received from
				  an agency the same degree of protection as provided by the agency. The Office
				  shall not release confidential agency information to the complainant, or any
				  other person, without the agency's prior authorization, unless ordered by a
				  court or other lawful authority.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 16 - Office of the Ombudsman - Citizens' Aide › Article 2 - HANDLING CONFIDENTIAL MATERIAL › Section R2-16-208 - Returning a Confidential Document to a Complainant

Current through Register Vol. 30, No. 28, July 12, 2024
When requested, the Office shall return a confidential
				  document received from a complainant to the complainant. The Office shall not
				  release a confidential document to anyone other than the complainant unless the
				  complainant provides written authorization for release of the document to a
				  third party or the Office determines that the document was not lawfully in the
				  possession of the complainant.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 16 - Office of the Ombudsman - Citizens' Aide › Article 2 - HANDLING CONFIDENTIAL MATERIAL › Section R2-16-209 - Prohibition against Discussing Open Complaint Investigations

Current through Register Vol. 30, No. 28, July 12, 2024
The Office shall not discuss an open complaint investigation
				  with the general public or the media.