A. Licenses issued under this article shall expire one year after the date of issuance. An application for renewal of any current license with evidence of a valid bond or cash deposit when accompanied by the required fee and received by the director before the expiration date shall authorize the licensee to operate until actual issuance of the renewal license for the ensuing year.
Terms Used In Arizona Laws 41-4027
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Board: means the board of manufactured housing. See Arizona Laws 41-4001
- Certificate: means a numbered or serialized label or seal that is issued by the director as certification of compliance with this chapter. See Arizona Laws 41-4001
- 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 Arizona department of housing. See Arizona Laws 41-4001
- Director: means the director of the department. See Arizona Laws 41-4001
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Qualifying party: means a person who is an owner, employee, corporate officer or partner of the licensed business and who has active and direct supervision of and responsibility for all operations of that licensed business. See Arizona Laws 41-4001
- Salesperson: means any person who, for a salary, commission or compensation of any kind, is employed by or acts on behalf of any dealer or broker of manufactured homes, mobile homes or factory-built buildings to sell, exchange, buy, offer or attempt to negotiate or act as an agent for the sale or exchange of an interest in a manufactured home, mobile home or factory-built building. See Arizona Laws 41-4001
- Writing: includes printing. See Arizona Laws 1-215
B. A license that expires may be reactivated and renewed within one year of its expiration by filing the required renewal application, signed by the licensee or qualifying party for a business licensee, evidence of a valid bond and payment of a fee of one hundred twenty-five percent of the amount required for that license class. When a license has been expired for more than one year for failure to renew, a new application for license shall be made and a new license issued pursuant to this article. If the license has been expired for more than one year, the fee required shall be two hundred percent of the fee required for that license class.
C. An applicant for renewal of a license issued pursuant to this article shall not be required to take a written examination.
D. A license is not transferable. Any change in the legal entity of a licensee that includes any change in the ownership of a sole proprietorship or a partner of a partnership or in the creation of a new corporate entity requires a new license.
E. A license may be canceled on the written request of the owner of a sole proprietorship, a partner of a partnership or, in the case of a corporation or a limited liability corporation, any person with written evidence of his authority to request the cancellation. A salesperson‘s license may be canceled on the written request of the salesperson. The director may refuse to accept voluntary cancellation of a license if good cause may exist for disciplinary action.
F. If possible, the licensee shall notify the director in writing of the disassociation of a qualifying party before the action, and in any event no later than five business days after the action. The licensee shall also notify the director as to who will be temporarily responsible for the operation of the business. The absence of a written designated qualifying party for sixty days is grounds for suspension of the license. If a person ceases to be the qualifying party for a licensee, the person shall notify the department within five days.
G. An application for a new qualifying party shall include the completion of the prescribed forms, fingerprints and testing, if applicable, in accordance with sections 41-4025 and 41-4026.
H. A licensee may request the director, on forms prescribed by the director, to inactivate the licensee’s current license for a period of not more than two years. In the absence of any disciplinary proceeding or disciplinary suspension and on payment of reasonable fees determined by the board the director may issue an inactive license certificate to the licensee if the licensee has turned in his license. The inactive license certificate may consist of an endorsement on the licensee’s license stating that the license is inactive. The director may not refund any of the license renewal fee which a licensee paid before requesting inactive status. A licensee’s license that is not suspended or revoked and is inactive shall be reactivated as an active license on payment of the current year’s renewal fee and thirty days’ written notice to the director. An examination may not be required to reactivate an inactive license. If the license is not reactivated within two years, a new application for licensing must be made and the new license issued pursuant to this chapter. A licensee may not inactivate the license more than once. The holder of an inactive license shall not work as a licensee until the licensee’s license is reactivated as an active license. The inactive status of a licensee’s license does not bar any disciplinary action by the director against a licensee for any of the grounds stated in this chapter.