Arizona Laws 28-4361. License application; criminal records check; education and training
A. A person shall apply for a license to the director in writing on forms prescribed by the director. The person shall include with the application all documents and bonds required and the annual license fees prescribed by section 28-4302.
Terms Used In Arizona Laws 28-4361
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Dealer: means a person who is engaged in the business of buying, selling or exchanging motor vehicles, trailers or semitrailers and who has an established place of business and has paid fees pursuant to section 28-4302. See Arizona Laws 28-101
- Department: means the department of transportation acting directly or through its duly authorized officers and agents. See Arizona Laws 28-101
- Director: means the director of the department of transportation. See Arizona Laws 28-101
- Distributor: means a person who either:
(a) Sells or distributes new motor vehicles to new motor vehicle dealers in this state. See Arizona Laws 28-4301
- Factory branch: means a branch office maintained or availed of by a manufacturer for either:
(a) The sale of new motor vehicles to distributors or the sale of new motor vehicles to new motor vehicle dealers in this state. See Arizona Laws 28-4301
- Importer: means a person who transports or arranges for the transportation of a foreign manufactured new motor vehicle into the United States for sale in this state. See Arizona Laws 28-4301
- Manufacturer: means any person who either:
(a) Manufactures or assembles new motor vehicles. See Arizona Laws 28-4301
- Motor vehicle: means an automobile, motor bus, motorcycle, truck or truck tractor or any other self-propelled vehicle, trailer or semitrailer. See Arizona Laws 28-4301
- Motor vehicle dealer: means a new motor vehicle dealer, a used motor vehicle dealer, a public consignment auction dealer, a broker or a wholesale motor vehicle auction dealer, excluding a person who comes into possession of a motor vehicle as an incident to the person's regular business and who sells, auctions or exchanges the motor vehicle. See Arizona Laws 28-4301
- 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: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- State: means a state of the United States and the District of Columbia. See Arizona Laws 28-101
- Wholesale motor vehicle dealer: means a person who sells used motor vehicles only to licensed motor vehicle dealers. See Arizona Laws 28-4301
- Writing: includes printing. See Arizona Laws 1-215
B. The application shall be verified and shall contain:
1. The name and residence of either:
(a) The applicant.
(b) If the applicant is a partnership, each partner.
(c) If the applicant is a corporation, each principal officer, director, agent or stockholder who owns twenty percent or more of the corporation and the name of the state in which the corporation was organized.
2. The principal place of business of the applicant.
3. The established place of business or the place of business at or from which the applicant will conduct the business.
4. The make or makes of new motor vehicles, if any, that the applicant will sell or offer for sale in this state.
5. The business hours of the applicant.
6. Other information that the director requires.
C. Each applicant who owns twenty percent or more of an entity, and each partner or stockholder who owns twenty percent or more of an entity, and who seeks a new license shall provide:
1. A full set of fingerprints to the department of transportation for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.
2. A nonrefundable fee to be paid to the department of public safety for the criminal records check.
D. If a licensee adds or changes a partner or stockholder who owns twenty percent or more of the entity and who was not included in the criminal records check on a prior application, the licensee shall notify the department within thirty days of the change. At the time of notification, an application and, if applicable, a full set of fingerprints and the fee for a criminal records check shall be submitted to the department. If any individual who is added or changed by the licensee is found to be ineligible pursuant to section 28-4365, the director, on completion of the criminal records check, shall advise the licensee and the individual in writing that the license will be revoked, unless the individual is removed from the position, and of the grounds for the action.
E. The requirement for a criminal records check:
1. Does not apply to a manufacturer, importer, factory branch or distributor or a person who is under eighteen years of age on the date the application is filed with the department.
2. May not apply if the application is for a subsequent license and each applicant who owns twenty percent or more of an entity, and each partner or stockholder who owns twenty percent or more of an entity, either:
(a) Have submitted to a criminal records check during the past five years.
(b) Are currently licensed under this section.
3. Does not apply to a new motor vehicle dealer who has paid fees pursuant to section 28-4302.
F. The director may establish education and training for a person applying for an initial or a renewal of a used motor vehicle dealer or wholesale motor vehicle dealer license pursuant to this section. The director may contract with a private entity to provide the education and training established under this subsection. The private entity that contracts with the director pursuant to this subsection may charge a fee for the education and training.