Sections
Article 1 Licenses and Regulation 6-1201 – 6-1218
Article 2 Money Laundering 6-1241 – 6-1242

Terms Used In Arizona Laws > Title 6 > Chapter 12

  • Act: means a bodily movement. See Arizona Laws 13-105
  • Administrative fee: means a fixed amount paid by a corporation on a periodic basis to a contracted attorney for the contracted attorney's overhead and administrative costs. See Arizona Laws 20-1097
  • Agency captive insurer: means a captive insurer that is owned by one or more business entities that are licensed in any state as insurance producers or managing general agents and that only insure risks on policies placed through their owners. See Arizona Laws 20-1098
  • Alien captive insurer: means any insurer that is formed to write insurance business for its affiliates and that is licensed pursuant to the laws of an alien jurisdiction that imposes statutory or regulatory standards that are acceptable to the director on companies transacting the business of insurance in such a jurisdiction. See Arizona Laws 20-1098
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annuity: means an annuity that is individually solicited, whether the product is classified as an individual or group annuity. See Arizona Laws 20-1243
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assistant director: means the assistant director of the office of agricultural safety in the Arizona department of agriculture. See Arizona Laws 3-3101
  • Associate director: means the associate director of the division. See Arizona Laws 3-3401
  • Association: means any lawfully formed association of individuals or business entities that has been in existence for at least one year and that is organized for a primary purpose other than procuring or providing insurance for its members. See Arizona Laws 20-1098
  • Association captive insurer: means a captive insurer that is completely under the direct or indirect voting control of an association. See Arizona Laws 20-1098
  • Association or order: means any association or order that is a nonprofit military mutual aid association, whose members are officers or enlisted, regular or reserve, active, retired or honorably discharged members of the armed forces or sea services of the United States, and whose principal purpose is to provide life insurance and annuities to its members and their dependents or beneficiaries. See Arizona Laws 20-861
  • Attorney: as used in this article refers to the attorney-in-fact of a reciprocal insurer. See Arizona Laws 20-767
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Authorized delegate: means a person designated by the licensee under section 6-1208. See Arizona Laws 6-1201
  • Balanced budget: A budget in which receipts equal outlays.
  • Bank: means a corporation that holds a banking permit issued pursuant to chapter 2 of this title. See Arizona Laws 6-101
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Benefit: means anything of value or advantage, present or prospective. See Arizona Laws 13-105
  • Benefit contract: means an agreement for the provision of benefits. See Arizona Laws 20-861
  • Benefit member: means an adult who is a member of a fraternal benefit society and who is designated by the laws or rules of the society to be a benefit member under a benefit contract. See Arizona Laws 20-861
  • Biodiesel: means a mono-alkyl ester that meets ASTM D6751. See Arizona Laws 3-3401
  • Biodiesel blend: means a motor fuel that is composed of biodiesel and diesel fuel and that is designated by the letter "B" followed by the numeric value of the volume percentage of biodiesel in the blend. See Arizona Laws 3-3401
  • Biofuel: means a solid, liquid or gaseous fuel that is derived from biomass and that can be used directly for heating or power or as a blend component in motor fuel. See Arizona Laws 3-3401
  • Biomass: means biological material, such as plant or animal matter, excluding organic material that has been transformed by geological processes into substances such as coal or petroleum or derivatives thereof, that may be transformed into biofuel. See Arizona Laws 3-3401
  • Biomass-based diesel: means a diesel fuel substitute produced from nonpetroleum renewable resources that meets the registration requirements for fuels and fuel additives established by the United States environmental protection agency under 42 United States Code 7545 and includes fuel derived from animal wastes, including poultry wastes and other waste materials, municipal solid waste and sludge and oil derived from wastewater and the treatment of wastewater. See Arizona Laws 3-3401
  • Biomass-based diesel blend: means a blend of petroleum-based diesel fuel with biomass-based diesel. See Arizona Laws 3-3401
  • Branch: means any banking office other than the principal banking office. See Arizona Laws 6-101
  • Branch business: means any insurance business that is transacted by a branch captive insurer in this state. See Arizona Laws 20-1098
  • Branch captive insurer: means an alien captive insurer that is licensed pursuant to this chapter to transact the business of insurance through a business unit with a principal place of business in this state. See Arizona Laws 20-1098
  • Branch operations: means any business operations of a branch captive insurer in this state. See Arizona Laws 20-1098
  • Business entity: means any legal entity other than an individual or sole proprietorship. See Arizona Laws 20-1098
  • Captive insurer: means any pure captive insurer, agency captive insurer, group captive insurer or protected cell captive insurer that is domiciled in this state and that is formed and licensed under this article. See Arizona Laws 20-1098
  • Certificate: means a document that is issued as written evidence of the benefit contract. See Arizona Laws 20-861
  • Certification: means the process of determining the accuracy of a commercial device to the standards of this state by a registered service representative or the division. See Arizona Laws 3-3401
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Check cashing: means exchanging for compensation a check, debit card payment order, draft, money order, traveler's check or payment instrument of a licensee for money delivered to the presenter at the time and place of the presentation. See Arizona Laws 6-1201
  • Commercial device: means any weighing, measuring, metering or counting device that is used to determine the direct cost of things sold or offered or exposed for sale, or used to establish a fee for service if the cost is based on weight, measure or count, except that it does not include those devices used for in-house packaging, inventory control or law enforcement purposes. See Arizona Laws 3-3401
  • commission: means the department of insurance. See Arizona Laws 20-101
  • Commodity: means any merchandise, product or substance produced or distributed for sale to or use by others. See Arizona Laws 3-3401
  • Community supervision: means that portion of a felony sentence that is imposed by the court pursuant to section 13-603, subsection I and that is served in the community after completing a period of imprisonment or served in prison in accordance with section 41-1604. See Arizona Laws 13-105
  • compensation: means any fee, commission or other benefit. See Arizona Laws 6-1201
  • Conduct: means an act or omission and its accompanying culpable mental state. See Arizona Laws 13-105
  • Consumer: means a buyer other than for purposes of resale of any consumer product, any person to whom the product is transferred during the duration of an implied or written warranty or service contract applicable to the product and any other person who is entitled by the terms of the warranty or service contract or under applicable federal or state law to enforce against the warrantor or service company the obligations of the warranty or service contract. See Arizona Laws 20-1095
  • Consumer: means a buyer other than for purposes of resale of any consumer product, any person to whom the product is transferred during the duration of an implied or written warranty or service contract applicable to the product and any other person who is entitled by the terms of the warranty or service contract or under applicable federal or state law to enforce against the warrantor or issuer of the service contract the obligations of the warranty or service contract. See Arizona Laws 20-1096
  • Consumer product: means any tangible personal property that is distributed in commerce and that is normally used solely for personal, family or household purposes including any such property intended to be attached to or installed in any real property without regard to whether it is so attached or installed. See Arizona Laws 20-1095
  • Consumer product: means any tangible personal property which is distributed in commerce and which is normally used solely for personal, family or household purposes including any such property intended to be attached to or installed in any real property without regard to whether it is so attached or installed. See Arizona Laws 20-1096
  • Contract: means a contract for the purchase of an annuity. See Arizona Laws 20-1241
  • Control: means ownership of fifteen per cent or more of a licensee or controlling person, or the power to vote fifteen per cent or more of the outstanding voting securities of a licensee or controlling person. See Arizona Laws 6-1201
  • Controlled unaffiliated business: means an individual or business entity that satisfies all of the following:

    (a) Is not an affiliate of the captive insurer providing coverage or reinsurance. See Arizona Laws 20-1098

  • Controlling person: means a person directly or indirectly in control of a licensee. See Arizona Laws 6-1201
  • Conviction: A judgement of guilt against a criminal defendant.
  • corporation: means any corporation organized for the purpose of selling prepaid legal insurance contracts in this state or any insurer licensed pursuant to this title. See Arizona Laws 20-1097
  • Credit life and disability reinsurer: means a domestic life and disability reinsurer that reinsures only credit life insurance or credit disability insurance that is issued according to chapter 6, article 10 of this title by an insurer that is authorized to transact insurance in this state, as certified in a form prescribed by the director and reaffirmed annually in conjunction with the annual statement filed pursuant to section 20-223. See Arizona Laws 20-1082
  • Criminal street gang: means an ongoing formal or informal association of persons in which members or associates individually or collectively engage in the commission, attempted commission, facilitation or solicitation of any felony act and that has at least one individual who is a criminal street gang member. See Arizona Laws 13-105
  • Criminal street gang member: means an individual to whom at least two of the following seven criteria that indicate criminal street gang membership apply:

    (a) Self-proclamation. See Arizona Laws 13-105

  • Dangerous drug: means dangerous drug as defined in section 13-3401. See Arizona Laws 13-105
  • Dangerous instrument: means anything that under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious physical injury. See Arizona Laws 13-105
  • Deadly physical force: means force that is used with the purpose of causing death or serious physical injury or in the manner of its use or intended use is capable of creating a substantial risk of causing death or serious physical injury. See Arizona Laws 13-105
  • Deadly weapon: means anything designed for lethal use, including a firearm. See Arizona Laws 13-105
  • Deductible reimbursement: means insurance coverage that reimburses the insured for the deductible it paid under a separate commercial insurance policy issued to the same insured, without other conditions related to the underlying loss. See Arizona Laws 20-1098
  • Department: means the Arizona department of agriculture. See Arizona Laws 3-101
  • Department: means the department of insurance. See Arizona Laws 20-822
  • Department: means the department of financial institutions. See Arizona Laws 6-101
  • Dependent: A person dependent for support upon another.
  • Determinable elements: means elements that are derived from processes or methods that are guaranteed at issue and that are not subject to company discretion, but where the values or amounts cannot be determined until some point after issue. See Arizona Laws 20-1242
  • Devise: To gift property by will.
  • Diesel fuel: means a refined middle distillate that is used as a fuel in a compression-ignition internal combustion engine and that meets the specifications of ASTM D975. See Arizona Laws 3-3401
  • Direct response solicitation: means a solicitation to purchase a policy or contract solely through mail, telephone, the internet or other mass communication media. See Arizona Laws 20-1241
  • Direct solicitation: means personal contact to solicit someone to purchase a policy or contract, but does not include any group meeting held by an insurance producer solely for the purpose of educating or enrolling individuals or when initiated by an individual member of a group assisting the individual with selection of investment options offered by a single insurer in connection with enrolling that individual. See Arizona Laws 20-1241
  • Director: means the director of the department. See Arizona Laws 3-101
  • Director: means the director of the department of insurance. See Arizona Laws 20-822
  • Director: means the director of the department of insurance. See Arizona Laws 20-1051
  • Division: means the weights and measures services division of the department. See Arizona Laws 3-3401
  • Docket: A log containing brief entries of court proceedings.
  • Domestic life and disability reinsurer: means an incorporated stock reinsurer holding a certificate of authority to accept insurance ceded by any domestic insurer or foreign insurer. See Arizona Laws 20-1082
  • Employee: means any person performing agricultural services for an employer. See Arizona Laws 3-3101
  • Employer: means any individual or type of organization, including this state and its political subdivisions, which has in its employ one or more individuals performing agricultural services for it in employment, including self-employed persons. See Arizona Laws 3-3101
  • Engage in the business: means conducting activities regulated under this chapter more than ten times in any calendar year for compensation or in the expectation of compensation. See Arizona Laws 6-1201
  • Enrollee: means an individual who has been enrolled in a health care plan. See Arizona Laws 20-1051
  • Enterprise: includes any corporation, association, labor union or other legal entity. See Arizona Laws 13-105
  • Enterprise: means any person under the jurisdiction of the department other than a financial institution. See Arizona Laws 6-101
  • Ethanol flex fuel: means a fuel ethanol gasoline blend that meets the specifications of ASTM D5798 standard specification for ethanol fuel blends for flexible-fuel automotive spark-ignition engines. See Arizona Laws 3-3401
  • Evidence of coverage: means any certificate, agreement or contract issued to an enrollee and setting out the coverage to which the enrollee is entitled. See Arizona Laws 20-1051
  • Executor: A male person named in a will to carry out the decedent
  • Existing insurer: means the insurer whose policy or contract is or will be replaced. See Arizona Laws 20-1241
  • Existing policy or contract: means a policy or contract that is in force and includes a policy under a binding or conditional receipt and a policy or contract that is within an unconditional refund period. See Arizona Laws 20-1241
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
  • Fiduciary: A trustee, executor, or administrator.
  • Financed purchase: means the purchase of a new policy involving the actual or intended use of monies obtained by the withdrawal or surrender of, or by borrowing from values of, an existing policy to pay all or part of any premium due on the new policy. See Arizona Laws 20-1241
  • Financial institution: means banks, trust companies, savings and loan associations, credit unions, consumer lenders, international banking facilities and financial institution holding companies under the jurisdiction of the department. See Arizona Laws 6-101
  • Firearm: means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will or is designed to or may readily be converted to expel a projectile by the action of expanding gases, except that it does not include a firearm in permanently inoperable condition. See Arizona Laws 13-105
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fleet owner: means a registered owner or lessee of at least twenty-five vehicles. See Arizona Laws 3-3401
  • Foreign money exchange: means exchanging for compensation money of the United States government or a foreign government to or from money of another government at a conspicuously posted exchange rate at the time and place of the presentation of the money to be exchanged. See Arizona Laws 6-1201
  • Fraternal benefit society: means a society, order or supreme lodge without capital stock, including an incorporated or unincorporated society that is exempt under section 20-893, that is conducted solely for the benefit of its members and their beneficiaries, is not for profit, operates on a lodge system with a ritualistic form of work, has a representative form of government and provides benefits according to this article. See Arizona Laws 20-861
  • Fraud: Intentional deception resulting in injury to another.
  • Gasoline: means a volatile, highly flammable liquid mixture of hydrocarbons that does not contain more than five one-hundredths grams of lead for each United States gallon, that is produced, refined, manufactured, blended, distilled or compounded from petroleum, natural gas, oil, shale oils or coal and other flammable liquids free from undissolved water, sediment or suspended matter, with or without additives, and that is commonly used as a fuel for spark-ignition internal combustion engines. See Arizona Laws 3-3401
  • Gasoline provider: means any manufacturer of gasoline or any person who imports gasoline into a vehicle emissions control area by means of a pipeline or in truckload quantities for the person's own use within the vehicle emissions control area or any person who sells gasoline intended for ultimate consumption within a vehicle emissions control area. See Arizona Laws 3-3401
  • Generic name: means a short title descriptive of the annuity contract being applied for or illustrated such as "single premium deferred annuity". See Arizona Laws 20-1242
  • Genetic information: means information about genes, gene products and inherited characteristics that may derive from the individual or a family member, including information regarding carrier status and information derived from laboratory tests that identify mutations in specific genes or chromosomes, physical medical examinations, family histories and direct analysis of genes or chromosomes. See Arizona Laws 20-1051
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Government: means the state, any political subdivision of the state or any department, agency, board, commission, institution or governmental instrumentality of or within the state or political subdivision. See Arizona Laws 13-105
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Group captive insurer: means any of the following:

    (a) A risk retention group. See Arizona Laws 20-1098

  • Guaranteed elements: means the premiums, credited interest rates, including any bonus, benefits, values, noninterest based credits, charges, or elements of formulas used to determine any of these, that are guaranteed and determined at issue. See Arizona Laws 20-1242
  • guaranteed investment contract: means any unallocated group contract, investment contract, funding agreement, guaranteed interest contract or other similar instrument by whatever name in which an insurance company agrees to guarantee a fixed or variable rate of interest or a future payment that is based on an index or any other similar criteria, that is payable at a predetermined date on monies that are deposited with the insurance company and that is not dependent on the continuance of human life. See Arizona Laws 20-208
  • Health care plan: means any contractual arrangement whereby any health care services organization undertakes to provide directly or to arrange for all or a portion of contractually covered health care services and to pay or make reimbursement for any remaining portion of the health care services on a prepaid basis through insurance or otherwise. See Arizona Laws 20-1051
  • Health care services: means services for the purpose of diagnosing, preventing, alleviating, curing or healing human illness or injury. See Arizona Laws 20-1051
  • Health care services organization: means any person that undertakes to conduct one or more health care plans. See Arizona Laws 20-1051
  • Health status-related factor: means any factor in relation to the health of the individual or a dependent of the individual enrolled or to be enrolled in a health care services organization including:

    (a) Health status. See Arizona Laws 20-1051

  • Illustration: means a presentation or depiction that includes nonguaranteed elements of a policy of life insurance over a period of years. See Arizona Laws 20-1241
  • Incidental costs: means expenses that are specified in the vehicle protection product warranty incurred by the warranty holder relating to the failure of the vehicle protection product to perform as provided in the warranty. See Arizona Laws 20-1099
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Industry group: means two or more business entities or persons that are engaged in businesses or activities similar or related with respect to the liability that they are exposed to by virtue of any related, similar or common business, trade, product, services, premises or operations. See Arizona Laws 20-1098
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Knowingly: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 13-105
  • Laws: means the articles of incorporation, constitution and bylaws of the society. See Arizona Laws 20-861
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensee: means a person licensed under this chapter. See Arizona Laws 6-1201
  • Location: means a place of business at which activity regulated by this chapter occurs. See Arizona Laws 6-1201
  • Lodge: means a subordinate member of the society, including any camp, court, council, branch or other designated unit. See Arizona Laws 20-861
  • Magistrate: means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes the chief justice and justices of the supreme court, judges of the superior court, judges of the court of appeals, justices of the peace and judges of a municipal court. See Arizona Laws 1-215
  • Manager: means a person who is experienced in the field of captive insurance and who maintains all documents relating to a captive insurer's operations, transactions and affairs in this state and assists the captive insurer in its management and compliance with this article. See Arizona Laws 20-1098
  • Mechanical reimbursement insurance: means an insurance policy issued to an obligor to either provide reimbursement to the obligor under the terms of the insured service contracts issued or sold by the obligor or, in the event of the obligor's nonperformance, to pay on behalf of the obligor all covered contractual obligations incurred by the obligor under the terms of the insured service contracts issued or sold by the obligor. See Arizona Laws 20-1095
  • Mechanical reimbursement insurance: means an insurance policy issued to a motor vehicle dealer or to insure the performance of a service contract to a consumer if the motor vehicle dealer or the issuer of a service contract becomes insolvent or ceases to do business or, if approved by the director, similar such insurance. See Arizona Laws 20-1096
  • Member: means any individual or business entity that belongs to a group captive insurer. See Arizona Laws 20-1098
  • Member: means an individual who is enrolled in a group prepaid dental plan as a principal subscriber together with such person's dependents who are entitled to dental care services under the plan solely because of their status as dependents of the principal subscriber. See Arizona Laws 20-1001
  • Membership coverage: means any certificate or contract issued to a member setting out the dental coverage to which such member is entitled. See Arizona Laws 20-1001
  • Misdemeanor: means an offense for which a sentence to a term of imprisonment other than to the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
  • Money: means a medium of exchange that is authorized or adopted by a domestic or foreign government as a part of its currency and that is customarily used and accepted as a medium of exchange in the country of issuance. See Arizona Laws 6-1201
  • Money accumulation business: means obtaining money from a money transmitter as part of any activity that is carried on for financial gain if the money that is obtained by all persons acting in concert in the activity, in amounts of one thousand dollars or more, totals over fifty thousand dollars in the preceding twelve-month period. See Arizona Laws 6-1201
  • Money transmitter: means a person who is located or doing business in this state, including a check casher and a foreign money exchanger, and who does any of the following:

    (a) Sells or issues payment instruments. See Arizona Laws 6-1201

  • Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Motor fuel: means a petroleum or a petroleum-based substance that is motor gasoline, aviation gasoline, number one or number two diesel fuel or any grade of oxygenated gasoline typically used in the operation of a motor engine, including biodiesel blends, biofuel blends and ethanol flex fuels. See Arizona Laws 3-3401
  • Motor vehicle racing event: means a race that uses unlicensed vehicles designed and manufactured specifically for racing purposes and that is conducted on a public or private racecourse for the entertainment of the general public. See Arizona Laws 3-3401
  • Narcotic drug: means narcotic drugs as defined in section 13-3401. See Arizona Laws 13-105
  • Network plan: means health care services that are provided by a health care services organization under which the financing and delivery of health care services are provided, in whole or in part, through a defined set of providers under contract with the health care services organization. See Arizona Laws 20-1051
  • Nonguaranteed elements: means the premiums, credited interest rates, including any bonus, benefits, values, noninterest based credits, charges, or elements of formulas used to determine any of these, that are subject to company discretion and that are not guaranteed at issue. See Arizona Laws 20-1242
  • Nonserious violation: means a condition or practice in a place of employment which does not constitute a serious violation but which violates a standard or rule and has a direct or immediate relationship to safety or health, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the condition or practice. See Arizona Laws 3-3101
  • obligor: means any person that is contractually obligated to the contract holder under the terms of the service contract. See Arizona Laws 20-1095
  • Office: means the office of agricultural safety in the Arizona department of agriculture. See Arizona Laws 3-3101
  • Outstanding payment instruments: means unpaid payment instruments whose sale has been reported to a licensee. See Arizona Laws 6-1201
  • Oxygenate: means any oxygen-containing ashless, organic compound, including aliphatic alcohols and aliphatic ethers, that may be used as a fuel or as a gasoline blending component and that is approved as a blending agent under the provisions of a waiver issued by the United States environmental protection agency pursuant to 42 United States Code section 7545(f). See Arizona Laws 3-3401
  • Oxygenated fuel: means an unleaded motor fuel blend that consists primarily of gasoline and at least one and one-half percent by weight of one or more oxygenates and that has been blended consistent with the provisions of a waiver issued by the United States environmental protection agency pursuant to 42 United States Code section 7545(f). See Arizona Laws 3-3401
  • Package: means any commodity enclosed in a container or wrapped in any manner in advance of sale in units suitable for either wholesale or retail trade. See Arizona Laws 3-3401
  • Participant: means an entity and any affiliates of the entity that are insured by a protected cell captive insurer pursuant to a participant contract. See Arizona Laws 20-1098
  • Participant contract: means a contract by which a protected cell captive insurer insures risks of one or more participants and limits losses under the contract to the assets of a protected cell. See Arizona Laws 20-1098
  • Payment instrument: means a check, draft, money order, traveler's check or other instrument or order for the transmission or payment of money sold to one or more persons whether or not that instrument or order is negotiable. See Arizona Laws 6-1201
  • Peace officer: means any person vested by law with a duty to maintain public order and make arrests and includes a constable. See Arizona Laws 13-105
  • Permissible investment: means any of the following:

    (a) Money on hand or on deposit in the name of the licensee. See Arizona Laws 6-1201

  • Person: means both the plural and the singular, as the case demands, and includes individuals, partnerships, corporations, companies, societies and associations. See Arizona Laws 3-3401
  • Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
  • Person: means any natural or artificial person including, but not limited to, individuals, partnerships, associations, providers of health care, trusts, insurers, hospital or medical service corporations or other corporations, prepaid group practice plans, foundations for medical care and health maintenance organizations. See Arizona Laws 20-1051
  • Physical force: means force used upon or directed toward the body of another person and includes confinement, but does not include deadly physical force. See Arizona Laws 13-105
  • Physical injury: means the impairment of physical condition. See Arizona Laws 13-105
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Policy summary: means a description of a policy or contract that meets the requirements in section 20-1241. See Arizona Laws 20-1241
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Premiums: means rates, dues or other required contributions that are payable under the certificate. See Arizona Laws 20-861
  • Prepaid dental plan: means any contractual arrangement whereby any prepaid dental plan organization undertakes to provide directly or to arrange for prepaid dental services and to pay or make reimbursement for any remaining portion of such prepaid dental services on a prepaid basis through insurance or otherwise. See Arizona Laws 20-1001
  • Prepaid dental plan organization: means any person who undertakes to conduct one or more prepaid dental plans providing only dental services. See Arizona Laws 20-1001
  • Prepaid dental services: means services included in the practice of dentistry as described in section 32-1202. See Arizona Laws 20-1001
  • Prepaid legal insurance contract: means a contractual obligation to pay or reimburse for specific legal services rendered in the normal and ordinary course of business by an active member of the state bar of Arizona. See Arizona Laws 20-1097
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Property: means anything of value, tangible or intangible. See Arizona Laws 13-105
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Protected cell: means a separate account that is established and maintained by a protected cell captive insurer pursuant to a participant contract. See Arizona Laws 20-1098
  • Protected cell captive insurer: means a captive insurer:

    (a) In which the minimum capital and surplus required by applicable law is provided by one or more sponsors. See Arizona Laws 20-1098

  • Provider: means any physician, hospital or other person that is licensed or otherwise authorized to furnish health care services in this state. See Arizona Laws 20-1051
  • Provider sponsored health care services organization: means a provider sponsored organization that provides at least one health care plan only to medicare beneficiaries under the medicare-plus-choice program established under the balanced budget act of 1997 (42 United States Code sections 1395w-21 through 1395w-28 and title XVIII, part C of the social security act, sections 1851 through 1859). See Arizona Laws 20-1051
  • Provider sponsored organization: means an entity that:

    (a) Is a legal aggregation of providers that operate collectively to provide health care services to medicare beneficiaries under the medicare-plus-choice program established under the balanced budget act of 1997 (42 United States Code sections 1395w-21 through 1395w-28 and title XVIII, part C of the social security act, sections 1851 through 1859). See Arizona Laws 20-1051

  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Pure captive insurer: means a captive insurer that insures only the risks of its affiliates and controlled unaffiliated business. See Arizona Laws 20-1098
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recklessly: means , with respect to a result or to a circumstance described by a statute defining an offense, that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. See Arizona Laws 13-105
  • Recommendation: means advice provided by an insurance producer, or an insurer if no producer is involved, to an individual consumer that results in a purchase or exchange of an annuity pursuant to that advice. See Arizona Laws 20-1243
  • Reference standards: means the physical standards of the state that serve as the legal reference from which all other standards and weights and measures are derived. See Arizona Laws 3-3401
  • Registered service agency: means any agency, firm, company or corporation that for hire, award, commission or any other payment of any kind installs, services, repairs or reconditions a commercial device or tests or repairs vapor recovery systems or vapor recovery components and that has been issued a license by the division. See Arizona Laws 3-3401
  • Registered service representative: means any individual who for hire, award, commission or any other payment of any kind installs, services, repairs or reconditions a commercial device or tests or repairs vapor recovery systems or vapor recovery components and who has been issued a license by the division. See Arizona Laws 3-3401
  • reinsurer: means a domestic reinsurer reinsuring mechanical reimbursement insurance. See Arizona Laws 20-1096
  • Relative: means a parent or stepparent, ancestor, descendant, sibling, uncle or aunt, including an adoptive relative of the same degree through marriage or adoption, or a spouse. See Arizona Laws 13-1301
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • replacement: means a transaction in which a new policy or contract is to be purchased and it is known or should be known to the proposing insurance producer, or to the proposing insurer if there is no insurance producer, that by reason of the transaction an existing policy or contract has been or is to be:

    (a) Lapsed, forfeited, surrendered or partially surrendered, assigned to the replacing insurer or otherwise terminated. See Arizona Laws 20-1241

  • Replacing insurer: means the insurer that issues or proposes to issue a new policy or contract that replaces an existing policy or contract or is a financed purchase. See Arizona Laws 20-1241
  • Residential property: means a house, townhouse, condominium or other habitable structure that is used principally as a residence. See Arizona Laws 20-1095
  • Residential property: means a house, townhouse, condominium or other habitable structure consisting of no more than four units which is used principally as a residence. See Arizona Laws 20-1096
  • Responsible individual: means a person who is employed by a licensee and who has principal active management authority over the business of the licensee in this state that is regulated under this chapter. See Arizona Laws 6-1201
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Restrain: means to restrict a person's movements without consent, without legal authority, and in a manner which interferes substantially with such person's liberty, by either moving such person from one place to another or by confining such person. See Arizona Laws 13-1301
  • Retail seller: means a person whose business purpose is to sell, expose or offer for sale or use any package or commodity by weight, measure or count. See Arizona Laws 3-3401
  • Risk retention group: means a captive insurer that is organized pursuant to the liability risk retention act of 1986 (15 United States Code sections 3901 and 3902) and chapter 14 of this title. See Arizona Laws 20-1098
  • Rule: means a written rule of agricultural safety and health governing places of agricultural employment which is adopted pursuant to section 3-3106 or 3-3108, exclusive of standards. See Arizona Laws 3-3101
  • Rules: means the rules, regulations and resolutions that are adopted by the supreme governing body or board of directors and that are intended to apply to the members of the society. See Arizona Laws 20-861
  • Sales material: means a sales illustration and any other written, printed or electronically presented information that is created, completed or provided by an insurer or insurance producer, that is used in the presentation to the policy or contract owner and that is related to the policy or contract purchased. See Arizona Laws 20-1241
  • Secondary standards: means the physical standards that are traceable to the reference standards through comparisons, using acceptable laboratory procedures, and that are used in the enforcement of weights and measures laws and rules. See Arizona Laws 3-3401
  • Serious physical injury: includes physical injury that creates a reasonable risk of death, or that causes serious and permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb. See Arizona Laws 13-105
  • Serious violation: means a condition or practice in a place of agricultural employment which violates a standard or rule or section 3-3104, subsection A and produces a substantial probability that death or serious physical harm could result, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of such condition or practice. See Arizona Laws 3-3101
  • Service contract: means a written contract for a prepaid separately stated consideration to perform, over a fixed period of time or for a specified duration, services relating to the maintenance or repair, including replacement, of:

    (a) A consumer product. See Arizona Laws 20-1096

  • Society: means a fraternal benefit society. See Arizona Laws 20-861
  • Sponsor: means an entity that meets the requirements of section 20-1098. See Arizona Laws 20-1098
  • Standard: means any agricultural safety and health standard which has been adopted and promulgated by a nationally recognized standards-producing organization or the federal government and has the same meaning as and includes the term "code". See Arizona Laws 3-3101
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • subscription: includes a mark, if a person cannot write, with the person's name written near it and witnessed by a person who writes the person's own name as witness. See Arizona Laws 1-215
  • Superintendent: means the superintendent of financial institutions. See Arizona Laws 6-101
  • Supplier: means any person that imports gasoline into a vehicle emissions control area by means of a pipeline or in truckload quantities for the person's own use within the vehicle emissions control area or any person that sells gasoline intended for ultimate consumption within a vehicle emissions control area, except that supplier does not mean a person with respect to gasoline supplied or sold by the person to another for resale to a retailer within a vehicle emissions control area or to a fleet owner for consumption within a vehicle emissions control area. See Arizona Laws 3-3401
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Title: includes this title, title 32, chapters 9 and 36 and title 44, chapter 2. See Arizona Laws 6-101
  • Trainer: means a person who is certified by the department pursuant to section 3-3125 for training individuals in agricultural health and safety standards. See Arizona Laws 3-3101
  • Transmitting money: means the transmission of money by any means including transmissions within this country or to or from locations abroad by payment instrument, wire, facsimile, internet or any other electronic transfer, courier or otherwise. See Arizona Laws 6-1201
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Unaffiliated: means not affiliated with another insurer as defined in section 20-104. See Arizona Laws 20-1082
  • Unlawful: means contrary to law or, where the context so requires, not permitted by law. See Arizona Laws 13-105
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Vehicle: means a device in, upon or by which any person or property is, may be or could have been transported or drawn upon a highway, waterway or airway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. See Arizona Laws 13-105
  • Vehicle emissions control area: means a county with a population of one million two hundred thousand or more persons and any portion of a county contained in area A, or any portion of area B or C, except that such an area does not include a manufacturer's proving ground that is located in the vehicle emissions control area. See Arizona Laws 3-3401
  • Vehicle protection product: means a vehicle protection device, system or service that:

    (a) Is installed on or applied to a vehicle. See Arizona Laws 20-1099

  • warrantor: means a person who is contractually obligated to the warranty holder under the terms of the vehicle protection product warranty agreement. See Arizona Laws 20-1099
  • Warranty: means :

    (a) Any written affirmation by a manufacturer or seller of fact or written promise made in connection with the sale of a consumer product that relates to the nature of the material or workmanship and affirms or promises that the material or workmanship is free of defects or will meet a specified level of performance over a specified period of time. See Arizona Laws 20-1095

  • Warranty: means :

    (a) Any written affirmation by a manufacturer or seller of fact or written promise made in connection with the sale of a consumer product which relates to the nature of the material or workmanship and affirms or promises that the material or workmanship is free of defects or will meet a specified level of performance over a specified period of time. See Arizona Laws 20-1096

  • Warranty reimbursement insurance policy: means a policy of insurance issued to the vehicle protection product warrantor to pay on behalf of the warrantor all covered contractual obligations incurred by the warrantor under the terms and conditions of the vehicle protection product warranty. See Arizona Laws 20-1099
  • Wilfully: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 1-215
  • Workplace: means a location or site where temporary or permanent work is conducted in connection with agriculture. See Arizona Laws 3-3101
  • Writ: means an order or precept in writing issued in the name of the state or by a court or judicial officer. See Arizona Laws 1-215