A. On the complaint of any person or on the superintendent‘s own motion, the superintendent shall investigate any suspected violation of this article by a property tax agent. If the superintendent finds a violation, the superintendent may issue a letter of concern.
Terms Used In Arizona Laws 32-3654
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Fraud: Intentional deception resulting in injury to another.
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Property: includes both real and personal property. See Arizona Laws 1-215
- Property tax agent: means an individual who is designated by a person or is an employee of an entity designated as an agent pursuant to section 42-16001, who acts on behalf of a person who owns, controls or possesses property valued by a county assessor or the department of revenue and who receives a fee for the analysis of any matter relating to the review of the valuation or legal classification of the person's property before the assessor, the county or state board of equalization or the department of revenue. See Arizona Laws 32-3651
- Superintendent: means the superintendent of financial institutions. See Arizona Laws 32-3601
B. If the superintendent finds that the property tax agent committed any of the following violations, the superintendent shall revoke or suspend the agent’s registration:
1. Secured registration by fraud or deceit.
2. Committed an act or is responsible for an omission involving fraud or knowing misrepresentation with the intent to obtain a benefit.
3. Knowingly violated section 32-3653.
C. The superintendent shall:
1. Suspend the agent’s registration for not less than six months on the first finding of a violation pursuant to subsection B of this section.
2. Suspend the agent’s registration for not less than twelve months on the second finding of a violation pursuant to subsection B of this section.
3. Revoke the agent’s registration on a third or subsequent finding of a violation pursuant to subsection B of this section.
D. The superintendent shall not impose discipline until the agent has been provided an opportunity for a hearing pursuant to title 41, chapter 6, article 10. The superintendent shall notify the agent of the charges and the date and time of the hearing. The notice may be personally served or sent by certified mail to the agent’s last known address. Except as provided in section 41-1092.08, subsection H, the final decision of the superintendent is subject to judicial review pursuant to title 12, chapter 7, article 6.
E. The superintendent shall not renew an agent’s registration during the time the registration is suspended or revoked.