A. Each licensee, other than a corporation, a limited liability company, an association or a partnership, shall be a citizen of the United States who is a resident of this state, or a legal resident alien who is a resident of this state. A corporation, association or limited liability company shall be a domestic entity or a foreign entity that is qualified to do business in this state. A partnership shall have at least one partner who is a citizen of the United States and who is a resident of this state, or who is a legal resident alien and who is a resident of this state.

Terms Used In Arizona Laws 36-889

  • Child: means any person through the age of fourteen years. See Arizona Laws 36-881
  • Child care: means the care, supervision and guidance of a child or children, unaccompanied by a parent, guardian or custodian, on a regular basis, for periods of less than twenty-four hours per day, in a place other than the child's or the children's own home or homes. See Arizona Laws 36-881
  • Child care facility: means any facility in which child care is regularly provided for compensation for five or more children not related to the proprietor. See Arizona Laws 36-881
  • Controlling person: means a person who:

    (a) Through ownership, has the power to vote at least ten per cent of the outstanding voting securities. See Arizona Laws 36-881

  • 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.
  • Department: means the department of health services. See Arizona Laws 36-881
  • Director: means the director of the department of health services. See Arizona Laws 36-881
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • 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 an individual, partnership, corporation, limited liability company, association, day nursery, nursery school, day camp, kindergarten, child care agency, school governing board, charter school or child care center that operates a child care facility. See Arizona Laws 36-881
  • Service of process: The service of writs or summonses to the appropriate party.
  • United States: includes the District of Columbia and the territories. See Arizona Laws 1-215

B. The department shall not issue or renew a license unless a list of each of the applicant’s or licensee’s controlling persons is on file with the department and no controlling person has been denied a certificate to operate a child care group home or a license to operate a child care facility for the care of children in this state or other state or has had a license to operate a child care facility or a certificate to operate a child care group home revoked for reasons that relate to the endangerment of the health and safety of children.

C. The applicant or licensee shall notify the department within thirty days after the election of any new officer or director or of any change in the controlling persons and shall provide the department the name and business or residential address of each controlling person and an affirmation by the applicant that no controlling person has been denied a certificate to operate a child care group home or a license to operate a child care facility for the care of children in this state or another state or has had a license to operate a child care facility or a certificate to operate a child care group home revoked for reasons that relate to the endangerment of the health and safety of children.

D. Each applicant or licensee shall designate an agent who is authorized to receive communications from the department, including legal service of process, and to file and sign documents for the applicant or licensee. The designated agent shall be all of the following:

1. A controlling person.

2. A citizen of the United States or a legal resident alien.

3. A resident of this state.

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