Arizona Laws 41-4062. Hearing; rights and procedures; definitions
A. A person that is subject to Title 33, Chapter 11 or a party to a rental agreement entered into pursuant to Title 33, Chapter 11 may petition the department for a hearing concerning violations of the Arizona mobile home parks residential landlord and tenant act by filing a petition with the department and paying a nonrefundable filing fee in an amount to be established by the director. All monies collected shall be deposited in the Arizona department of housing program fund established by section 41-3957 and are not refundable.
Terms Used In Arizona Laws 41-4062
- 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
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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
- 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
- Office: means the office of manufactured housing within the department. See Arizona Laws 41-4001
- 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
- Residential: means a building with a use-occupancy classification of a single-family dwelling or as governed by the international residential code. See Arizona Laws 41-4001
- Writing: includes printing. See Arizona Laws 1-215
B. The petition shall be in writing on a form approved by the department, list the complaints, be signed by or on behalf of the persons filing and include their addresses, state that a hearing is desired and be filed with the department.
C. On receipt of the petition and the filing fee, the department shall mail to the named respondent by certified mail a copy of the petition along with notice that a response showing cause, if any, why the petition should be dismissed is required within twenty days after mailing of the petition.
D. After receiving the response, the director or the director’s designee shall promptly review the petition for hearing and, if justified, refer the petition to the office of administrative hearings. The director may dismiss a petition for hearing if it appears to the director’s satisfaction that the disputed issue or issues have been resolved by the parties.
E. Failure of the respondent to answer is deemed an admission of the allegations made in the petition, and the director shall issue a default decision.
F. Informal disposition may be made of any contested case.
G. Either party or the party’s authorized agent may inspect any file of the department that pertains to the hearing if the authorization is filed in writing with the department.
H. At a hearing conducted pursuant to this section, a corporation may be represented by a corporate officer, employee or contractor of the corporation who is not a member of the state bar if:
1. The corporation has specifically authorized the officer, employee or contractor of the corporation to represent it.
2. The representation is not the officer’s, employee’s or contractor of the corporation’s primary duty to the corporation but is secondary or incidental to the officer’s, employee’s or contractor of the corporation’s, limited liability company’s, limited liability partnership‘s, sole proprietor’s or other lawfully formed and operating entity’s duties relating to the management or operation of the corporation.
I. For the purposes of this section:
1. "Department" means the Arizona department of housing.
2. "Director" means the director of the department.