A. After notice and an opportunity for a hearing in accordance with title 41, chapter 6, article 6, the sheriff may suspend any license for a period of not more than thirty days for acts that demonstrate a pattern of misrepresentation or wilful omissions or a violation of or noncompliance with any provision of this article other than a violation or noncompliance resulting from a bona fide error that occurred provided that the pawnshop maintains procedures reasonably adapted to avoid the occurrence of bona fide errors. The sheriff or the sheriff’s designee shall provide procedures for the redemption of pledged goods and the renewal of pawn transactions on maturity during a period when a license is suspended. For the purposes of this subsection, "bona fide error" includes clerical, calculation, computer malfunction, programming and printing errors and other similar errors.
Terms Used In Arizona Laws 44-1628
- Designee: means a local law enforcement agency designated in writing by a county sheriff to perform designated duties specified in this article on behalf of the sheriff. See Arizona Laws 44-1621
- Felony: A crime carrying a penalty of more than a year in prison.
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- Misrepresentation: means a false or misleading representation made by a person with an intent to deceive or defraud. See Arizona Laws 44-1621
- Pawnshop: means the location or premises at which a pawnbroker is licensed to regularly conduct the pawnbroker's business. See Arizona Laws 44-1621
- Pledged goods: means tangible personal property which is deposited with or otherwise actually delivered into the possession of a pawnbroker in the course of the pawnbroker's business in connection with the pawn transaction. See Arizona Laws 44-1621
- Property: includes both real and personal property. See Arizona Laws 1-215
- redemption: means the act of the pledgor or the pledgor's agent of retrieving and paying in full all charges and fees for the pledged goods left with the pawnshop. See Arizona Laws 44-1621
B. The sheriff may revoke or refuse to renew a license if more than two suspensions of the license have occurred within the preceding twelve calendar months or if the licensee has been convicted of a felony involving trafficking in stolen property, fraudulent schemes, forgery, theft, extortion or conspiracy to defraud or a felony involving moral turpitude.
C. Decisions of the sheriff or the sheriff’s designee are subject to judicial review pursuant to title 12, chapter 7, article 6.