Terms Used In Arizona Laws > Title 6 > Chapter 13 - Advance Fee Loan Brokers

• Act: means a bodily movement. See Arizona Laws 13-105
• Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
• Advance fee: means a fee, interest or other consideration directly or indirectly received by a person prior to a loan of money or extension of credit or a commitment to loan money or extend credit being made by the person. See Arizona Laws 6-1301
• Advance fee loan broker: means a person who is not exempt under section 6-1302 and who for an advance fee or in the expectation of an advance fee either directly or indirectly makes or procures, attempts to make or procure or offers to make or procure or attempt to make or procure a loan of money or extension of credit. See Arizona Laws 6-1301
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agency: means any agency, department, board or commission of this state or a county, city or town that issues a license for purposes of operating a business in this state. See Arizona Laws 23-211
• Appraisal: A determination of property value.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Automatic elevator: means a passenger or freight lift operated by push buttons so that the starting, moving, leveling, holding and opening and closing of the doors is entirely automatic. See Arizona Laws 23-230
• Branch office: means any fixed place of business, other than the primary office, where records are kept, mail is received, statements are rendered, money is collected, requests for service or bids are received, information pertaining to the business of pest management is given or pesticides are stored or disposed of. See Arizona Laws 3-3601
• Branch supervisor: means a certified applicator working at or from a branch office who is responsible for ensuring the training, equipping and supervision of all applicators of the branch office. See Arizona Laws 3-3601
• Business license: means a license that is issued pursuant to this chapter or rules adopted pursuant to this chapter to a person and that entitles that person and the person's employees to engage in the business of pest management. See Arizona Laws 3-3601
• Business of pest management: means engaging in, offering to engage in, advertising for, soliciting or performing pest management, including any of the following:

  (a) Identifying infestations or making inspections for the purpose of identifying or attempting to identify infestations. See Arizona Laws 3-3601

• Certified applicator: means an individual who is licensed by the division to provide pest management services in accordance with this chapter. See Arizona Laws 3-3601
• Commission: means the industrial commission of Arizona. See Arizona Laws 23-311
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conduct: means an act or omission and its accompanying culpable mental state. See Arizona Laws 13-105
• Construction: means building, altering, repairing, adding to, subtracting from, improving, moving, wrecking or demolishing a building, highway, road, railroad, excavation or other structure, project, development or improvement, including the erection and use of scaffolding or a similar structure and providing mechanical or structural service for a structure, project, development or improvement. See Arizona Laws 23-230
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Criminal street gang: means an ongoing formal or informal association of persons in which members or associates individually or collectively engage in the commission, attempted commission, facilitation or solicitation of any felony act and that has at least one individual who is a criminal street gang member. See Arizona Laws 13-105
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Damaging: means damage as defined in section 13-1701. See Arizona Laws 13-1601
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defacing: means any unnecessary act of substantially marring any surface or place, by any means, or any act of putting up, affixing, fastening, printing or painting any notice on any structure, without permission from the owner. See Arizona Laws 13-1601
• Department: means the department of insurance and financial institutions. See Arizona Laws 6-101
• Dependent: A person dependent for support upon another.
• Deputy director: means the deputy director of the financial institutions division of the department. See Arizona Laws 6-101
• Direct supervision: means the use of a pesticide under the instructions, control and responsibility of a certified applicator who is available if needed for consultation or assistance even though the certified applicator is not physically present at the time and place the pesticide is used. See Arizona Laws 3-3601
• Directory order: means a temporary order which becomes mandatory as provided in this article. See Arizona Laws 23-311
• Division: means the pest management division of the department. See Arizona Laws 3-3601
• E-verify program: means the employment verification program as jointly administered by the United States department of homeland security and the social security administration or any of its successor programs. See Arizona Laws 23-211
• Elevator: means a power-driven hoisting or lowering mechanism equipped with a car or platform which moves in guides in a substantially vertical direction. See Arizona Laws 23-230
• Employ: means hiring an employee after December 31, 2007. See Arizona Laws 23-211
• Employee: means every minor in receipt of or entitled to compensation for labor performed for any employer. See Arizona Laws 23-311
• Employer: means any individual or type of organization that transacts business in this state, that has a license issued by an agency in this state and that employs one or more employees in this state. See Arizona Laws 23-211
• Employer: means every person, firm, corporation, agent, manager, representative, contractor, subcontractor, principal or other person having control or direction of any minor employed at any labor, or responsible directly or indirectly for the wages of another. See Arizona Laws 23-311
• Enterprise: includes any corporation, association, labor union or other legal entity. See Arizona Laws 13-105
• Fair wage: means a wage both fairly and reasonably commensurate with the value of the service or class of service rendered, and sufficient to meet the minimum cost of living necessary for health. See Arizona Laws 23-311
• Felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
• Fiduciary: A trustee, executor, or administrator.
• Final grade treatment: means the establishment of a complete vertical barrier at the exterior of foundation walls in stem wall or monolithic construction. See Arizona Laws 3-3601
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Hazardous agricultural chemicals: means any substance that has a toxicity level that requires manufacturer or distributor labeling as category I, category II and category III toxicity in accordance with the regulations adopted by the administrator pursuant to the federal environmental pesticide control act of 1972, as amended. See Arizona Laws 23-230
• Immediate supervision: means the use of a pesticide by an individual acting under the instructions, control and responsibility of a certified applicator who is within the direct line of sight or within hearing distance of the individual and who is available for consultation or assistance at the time and place the pesticide is used. See Arizona Laws 3-3601
• including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
• Independent contractor: means any individual or entity that carries on an independent business, that contracts to do a piece of work according to the individual's or entity's own means and methods and that is subject to control only as to results. See Arizona Laws 23-211
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Industrial hemp: means the plant cannabis sativa L. See Arizona Laws 3-311
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Knowingly employ an unauthorized alien: means the actions described in 8 United States Code § 1324a. See Arizona Laws 23-211
• License: means the authorization that is granted by the department to propagate, harvest, transport or process industrial hemp in this state under this article and rules and orders adopted by the director pursuant to this article. See Arizona Laws 3-311
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litter: includes any rubbish, refuse, waste material, offal, paper, glass, cans, bottles, organic or inorganic trash, debris, filthy or odoriferous objects, dead animals or any foreign substance of whatever kind or description, including junked or abandoned vehicles, whether or not any of these items are of value. See Arizona Laws 13-1601
• Logging: means felling timber, bucking or converting timber into logs, poles, piles, ties, bolts, pulpwood, chemical wood, excelsior wood, cordwood, fence posts or similar products, collecting, skidding, yarding, loading, transporting and unloading such products, constructing, repairing and maintaining roads, railroads, flumes or camps used in connection with logging, moving, installing, rigging and maintenance of machinery or equipment used in logging, operation of a sawmill, lath mill, shingle mill or cooperage stock mill in connection with the storing of logs and bolts, converting logs or bolts into sawed lumber, laths, shingles or cooperage stock and storing, drying and shipping lumber, laths, shingles and cooperage stock or other products of such mills. See Arizona Laws 23-230
• Manufacturing: means designing, assembling, fabricating, producing, constructing or preparing a product or part of a product before sale or use. See Arizona Laws 23-230
• Mine or quarry: means an underground or surface rock or mineral extracting, placer, dredging or bore-hole operation including all grinding and metal mills, washer plants and any other cutting, crushing, grinding, screening, sizing, washing or cleaning operation performed on extracted rocks or minerals. See Arizona Laws 23-230
• Minor: means a person of either sex under the age of eighteen years. See Arizona Laws 23-311
• Misdemeanor: means an offense for which a sentence to a term of imprisonment other than to the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
• Moral turpitude: means an offense, whether a misdemeanor or felony, that is related to extortion, burglary, larceny, bribery, embezzlement, robbery, racketeering, money laundering, forgery, fraud, murder, voluntary manslaughter or a sexual offense that requires the individual to register pursuant to section 13-3821. See Arizona Laws 1-215
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Motor vehicle: means an automobile, truck, truck tractor, trailer, semitrailer, motorcycle or similar vehicle propelled or drawn by mechanical power and designed for use as a means of transportation. See Arizona Laws 23-230
• municipal court: as used in this title includes city or town magistrates' courts and all other courts established by law in incorporated cities and towns. See Arizona Laws 22-401
• New-construction treatment: means a treatment that protects all cellulose components of a structure from subterranean termites and that is performed after a permanent concrete slab foundation is installed or footings and supports for a raised foundation are installed, but before the structure or a final grade treatment is completed. See Arizona Laws 3-3601
• Occupation: means any class of work in any industry, trade, business, or branch thereof, in which minors are gainfully employed, but does not include domestic service in the home of an employer or agricultural labor. See Arizona Laws 23-311
• Oppressive and unreasonable wage: means a wage which is both less than the fair and reasonable value of the services rendered and less than sufficient to meet the minimum cost of living necessary for health. See Arizona Laws 23-311
• Outside helper: means a person who rides on a motor vehicle other than in the driver or passenger compartment for the purpose of transporting, loading or unloading items. See Arizona Laws 23-230
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
• Pest management services: means identifying infestations or making inspections for the purpose of identifying or attempting to identify infestations, making written or oral inspection reports or recommendations with respect to infestations and the application of pesticides or the use of devices not exempt by section 3-3603, subsection B, paragraph 17 for the purpose of eliminating, exterminating, controlling or preventing infestations. See Arizona Laws 3-3601
• Pesticide: means any substance or mixture of substances intended to be used for preventing, destroying, repelling or mitigating insects, fungi, bacteria, microbes, weeds, rodents, predatory animals or any form of plant or animal life that is, or that the director may declare to be, a pest and that may infest or be detrimental to vegetation, humans, animals or households or be present in any environment. See Arizona Laws 3-3601
• Petty offense: A federal misdemeanor punishable by six months or less in prison. ^{Source: U.S. Courts}
• Power-driven bakery machine: means a horizontal or vertical dough mixer, batter mixer, bread dividing, rounding or molding machine, dough brake, dough sheeter, combination bread slicing and wrapping machine, cake cutting band saw, cookie machine or cracker machine. See Arizona Laws 23-230
• Power-driven hoist: means an apparatus for raising or lowering a load by the application of a pulling or pushing force including a crane, derrick or forklift. See Arizona Laws 23-230
• Power-driven meat processing machine: means a meat patty forming machine, meat and bone cutting saw or knife, head splitter, guillotine cutter, snout puller, jaw puller, skinning machine, horizontal rotary washing machine, casing cleaning machine, grinding, mixing, chopping and hashing machines and meat presses. See Arizona Laws 23-230
• Power-driven paper products machine: means a platen die-cutting press, platen printing press, punch press which involves hand feeding of the machine, arm-type wirestitcher or stapler, circular or band saw, corner cutter or mitering machine, corrugating and single or double-lacing machine, envelope die-cutting press, guillotine paper cutter or shear, horizontal bar scorer, laminating or combining machine, sheeting machine, scrap paper baler or vertical slotter or other machine used in the remanufacture or conversion of paper or pulp into a finished product. See Arizona Laws 23-230
• Power-driven woodworking machine: means a fixed or portable machine or tool driven by power and used or designed for cutting, shaping, forming, surfacing, nailing, stapling, wire stitching, fastening, assembling, pressing or printing wood or veneer. See Arizona Laws 23-230
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Pretreatment: means a termite treatment that protects all cellulose components of a structure from subterranean termites, that is performed before a permanent concrete slab foundation is installed or in conjunction with establishing footings and supports for a raised foundation and that establishes thorough and complete horizontal and vertical treated barriers. See Arizona Laws 3-3601
• Processing: means an activity involving an addition to, subtraction from, change in or cleaning of any food or foodstuff including filleting fish, dressing poultry or cracking nuts. See Arizona Laws 23-230
• Property: means anything of value, tangible or intangible. See Arizona Laws 13-105
• Property of another: means property in which any person other than the defendant has an interest, including community property and other property in which the defendant also has an interest and, for damage caused by theft of scrap metal, the property of other persons damaged directly or indirectly as a result of the acts of the defendant. See Arizona Laws 13-1601
• Qualifying party: means a certified qualified applicator registered with the division as the individual responsible for ensuring the training, equipping and supervision of all applicators of a business licensee or school district. See Arizona Laws 3-3601
• Quorum: The number of legislators that must be present to do business.
• Radiation: means ionizing radiation including gamma rays, x-rays, alpha and beta particles, high speed electrons, neutrons, protons and other nuclear particles or rays. See Arizona Laws 23-230
• Recklessly: means , with respect to a result or to a circumstance described by a statute defining an offense, that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. See Arizona Laws 13-105
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Roofing: means all work performed in connection with the application of weatherproofing materials and substances, including tar, pitch, asphalt, prepared paper, tile, slate, metal, translucent materials and shingles of asbestos, asphalt or wood, to roofs of buildings and other structures. See Arizona Laws 23-230
• Silica refractory products: means items produced from raw materials and containing free silica as their main constituent. See Arizona Laws 23-230
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Tampering with utility property: means any of the following if committed against property that is owned or operated by a utility for the purposes of transmission or distribution:

  (a) Rearranging, damaging, altering, interfering with or otherwise preventing the performance of a normal or customary function of utility property. See Arizona Laws 13-1601

• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testify: Answer questions in court.
• Testify: includes every manner of oral statement under oath or affirmation. See Arizona Laws 1-215
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trustee: A person or institution holding and administering property in trust.
• Unauthorized alien: means an alien who does not have the legal right or authorization under federal law to work in the United States as described in 8 United States Code § 1324a(h)(3). See Arizona Laws 23-211
• Utility: means any enterprise, public or private, that provides gas, electric, irrigation, steam, water, water conservation, sewer or communications services, as well as any common carrier on land, rail, sea or air. See Arizona Laws 13-1601
• Vehicle: means a device in, upon or by which any person or property is, may be or could have been transported or drawn upon a highway, waterway or airway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. See Arizona Laws 13-105
• Wage board: means a board created as provided in section 23-314. See Arizona Laws 23-311
• wages: means any compensation for labor measured by time, piece, or otherwise. See Arizona Laws 23-311
• Warehousing: means loading, unloading, storing or otherwise moving any item or items to and from trucks, railroad cars, conveyors and buildings. See Arizona Laws 23-230
• Wood-destroying insect inspection report: means a written inspection report on a form approved by the director that is prepared in connection with the sale or refinancing of real property whether or not the report is used as part of the transaction. See Arizona Laws 3-3601
• Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
• Writing: includes printing. See Arizona Laws 1-215