Arizona Laws 41-4039. Grounds for disciplinary action
The director may, on the director’s own motion, and shall, on the complaint in writing of any person, cause to be investigated by the department the acts of any manufacturer, dealer, broker, salesperson or installer licensed with the department and may temporarily suspend or permanently revoke any license issued under this article, impose an administrative penalty or place on probation any licensee, if the holder of the license, while a licensee, is guilty of or commits any of the following acts or omissions:
Terms Used In Arizona Laws 41-4039
- Act: means the national manufactured housing construction and safety standards act of 1974 and title VI of the housing and community development act of 1974 (P. See Arizona Laws 41-4001
- 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
- Broker: means any person who acts as an agent for the sale or exchange of a used manufactured home or mobile home except as exempted in section 41-4028. See Arizona Laws 41-4001
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Consumer: means either a purchaser or seller of a unit regulated by this chapter who uses the services of a person licensed by the department. See Arizona Laws 41-4001
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Dealer: means any person who sells, exchanges, buys, offers or attempts to negotiate or who acts as an agent for the sale or exchange of factory-built buildings, manufactured homes or mobile homes except as exempted in section 41-4028. See Arizona Laws 41-4001
- Department: means the Arizona department of housing. See Arizona Laws 41-4001
- Director: means the director of the department. See Arizona Laws 41-4001
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Installer: means any person who engages in the business of performing installations of manufactured homes, mobile homes or factory-built buildings. See Arizona Laws 41-4001
- Manufacturer: means any person that is engaged in manufacturing, assembling or reconstructing any unit regulated by this chapter. See Arizona Laws 41-4001
- Mobile home: means a structure built before June 15, 1976, on a permanent chassis, capable of being transported in one or more sections and designed to be used with or without a permanent foundation as a dwelling when connected to on-site utilities. See Arizona Laws 41-4001
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- 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
- Unit: means a manufactured home, mobile home, factory-built building or accessory structures. See Arizona Laws 41-4001
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
- Writing: includes printing. See Arizona Laws 1-215
1. Failure in any material respect to comply with this article or article 3 of this chapter.
2. Violation of any rule that is adopted by the board and that pertains to the construction of any unit or of any rule that is adopted by the board and that is necessary to effectively carry out the intent of this article, article 3 of this chapter or the laws of the United States or of this state.
3. Misrepresentation of a material fact by the applicant in obtaining a license.
4. Aiding or abetting an unlicensed person or knowingly combining or conspiring with an unlicensed person to evade this article or article 3 of this chapter, or allowing one’s license to be used by an unlicensed person or acting as an agent, partner or associate of an unlicensed person with intent to evade this article or article 3 of this chapter.
5. Conviction of a felony.
6. The doing of a wrongful or fraudulent act by a licensee that relates to this article or article 3 of this chapter, including failure to comply with section 41-4030, subsection A, or the doing of any other wrongful or fraudulent act in conjunction with the sale, transfer or relocation of a mobile home in this state.
7. Departure from or disregard of any code or any rule adopted by the board.
8. Failure to disclose or subsequent discovery by the department of facts that, if known at the time of issuance of a license or the renewal of a license, would have been grounds to deny the issuance or renewal of a license.
9. Knowingly entering into a contract with a person not duly licensed in the required classification for work to be performed for which a license is required.
10. Acting in the capacity of a licensee under any license issued under this article in a name other than as set forth on the license.
11. Acting as a licensee while the license is under suspension or in any other invalid status.
12. Failure to respond relative to a verified complaint after notice of such complaint.
13. Violation of Title 28, Chapter 10 or rules adopted pursuant to Title 28, Chapter 10, except for the licensing requirements of sections 28-4334, 28-4335, 28-4361, 28-4362, 28-4364, 28-4401 and 28-4402.
14. False, misleading or deceptive sales practices by a licensee in the sale or offer of sale of any unit regulated by this article or article 3 of this chapter.
15. Failure to remit the consumer recovery fund fee pursuant to section 41-4042.
16. Acting as a salesperson while not employed by a dealer.
17. As a salesperson, representing or attempting to represent a dealer other than by whom the salesperson is employed.
18. Acting beyond the scope of activity authorized by the salesperson’s license classification of the employing dealer.
19. Failure by a salesperson to promptly place all cash, checks and other items of value and any related documents received in connection with a sales transaction in the care of the employing dealer.
20. Failure to provide all agreed on goods and services.
21. Failure to manufacture or install in a workmanlike manner all units and accessory structures that are suitable for their intended purpose.
22. Failure of the licensee to work only within the scope of the license held.
23. An action by a licensee, who is also a mobile home park owner, manager, agent or representative, that restricts a resident’s or prospective resident’s access to buyers, sellers or licensed dealers or brokers in connection with the sale of a home or the rental of a space, that the department finds constitutes a violation of section 33-1434, subsection B or section 33-1452, subsection F or that violates any law or regulation relating to fair housing or credit practices.