§ 6-831 Records
§ 6-832 Annual audit; report
§ 6-833 Seizure of property of impaired escrow agent
§ 6-833.01 Priority of distribution during receivership
§ 6-834 Deposit of monies; definition
§ 6-835 Limit of legal action
§ 6-836 Commissions; other considerations prohibited
§ 6-837 Duty of escrow agent to produce escrow records for inspection; violation; classification
§ 6-838 Surrender of license
§ 6-839 Continuing jurisdiction
§ 6-840 Prohibitions; definitions
§ 6-841 Internal control structure; definition
§ 6-841.01 Fiduciary duty; notice of returned check
§ 6-841.02 Liability of title insurer; closing protection letter; definition
§ 6-841.03 Notice of uninsured monies; rules
§ 6-843 Disbursements; applicability

Terms Used In Arizona Laws > Title 6 > Chapter 7 > Article 3 - Regulations

  • Account servicing: means the holding of documents or written instruments and the receipt and disbursement of payments according to the instructions of the parties to the documents or written instruments. See Arizona Laws 6-801
  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Affiliate: means an entity that directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with the entity specified. See Arizona Laws 6-801
  • Agency web site: means an agency owned, operated or funded web site connected to the internet and includes web sites accessed through the "Arizona@yourservice" portal. See Arizona Laws 18-201
  • Allegation: something that someone says happened.
  • 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.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bank: means a corporation that holds a banking permit issued pursuant to chapter 2 of this title. See Arizona Laws 6-101
  • 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.
  • Big game: means wild turkey, deer, elk, pronghorn (antelope), bighorn sheep, bison (buffalo), peccary (javelina), bear and mountain lion. See Arizona Laws 17-101
  • Budget unit: means a department, commission, board, institution or other agency of the state receiving, expending or disbursing state funds or incurring obligations of the state including the Arizona board of regents but excluding the universities under the jurisdiction of the Arizona board of regents, the community college districts and the legislative or judicial branches. See Arizona Laws 18-101
  • Commission: means the Arizona game and fish commission. See Arizona Laws 17-101
  • Committee: means the information technology authorization committee. See Arizona Laws 18-101
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Confidential information: means any data collected about a landowner, species or property location from a private landowner or property owner by a state agency or municipal agency or an entity acting on the agency's behalf. See Arizona Laws 17-495
  • Conservation plan: means a species conservation plan that promotes compliance with federal law protecting endangered species, species proposed for listing and candidate species in a manner consistent with this state's economic development and fiscal stability, including candidate conservation agreements, candidate conservation agreements with assurances and habitat conservation plans. See Arizona Laws 17-495
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Control: means ownership or the power to vote, either directly or indirectly, more than twenty per cent of the outstanding voting shares of the controlled person. See Arizona Laws 6-801
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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.
  • Cross-country: means travel over the countryside other than by road. See Arizona Laws 17-451
  • Department: means the Arizona game and fish department. See Arizona Laws 17-101
  • Department: means the department of administration. See Arizona Laws 18-101
  • Deputy director: means the deputy director of the financial institutions division of the department. See Arizona Laws 6-101
  • Director: means the director of the department. See Arizona Laws 18-101
  • Disability: means a physical or mental impairment that substantially limits one or more major life activities and includes having a record of or being regarded as having such an impairment. See Arizona Laws 18-131
  • Disaster recovery: means the measures required to mitigate the loss of information technology capability. See Arizona Laws 18-101
  • Division: means the financial institutions division within the department. See Arizona Laws 6-101
  • Electronic or information technology: means all electronic information processing hardware and software, including telecommunications and any electronic information equipment or interconnected system that is used in acquiring, storing, manipulating, managing, moving, controlling, displaying, switching, interchanging, transmitting and receiving data or information, including audio, graphics and text. See Arizona Laws 18-131
  • Endangered species: means any species that is in danger of extinction throughout all or a significant portion of its range and is listed as endangered pursuant to the endangered species act. See Arizona Laws 17-495
  • Endangered Species Act: means the endangered species act of 1973 (P. See Arizona Laws 17-495
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Escrow: means any transaction in which any escrow property is delivered with or without transfer of legal or equitable title, or both, and irrespective of whether a debtor-creditor relationship is created, to a person not otherwise having any right, title or interest therein in connection with the sale, transfer, encumbrance or lease of real or personal property, to be delivered or redelivered by that person upon the contingent happening or nonhappening of a specified event or performance or nonperformance of a prescribed act, when it is then to be delivered by such person to a grantee, grantor, promisee, promisor, obligee, obligor, bailee or bailor, or any designated agent or employee of any of them. See Arizona Laws 6-801
  • Escrow agent: means any person engaged in the business of accepting escrows. See Arizona Laws 6-801
  • Escrow business: means a commercial activity characterized by the regular and continuous carrying on of escrow transactions. See Arizona Laws 6-801
  • 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.
  • Falconry: means the sport of hunting or taking quarry with a trained raptor. See Arizona Laws 17-101
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • 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.
  • Fraud: Intentional deception resulting in injury to another.
  • Fur dealer: means any person engaged in the business of buying for resale the raw pelts or furs of wild mammals. See Arizona Laws 17-101
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guide: means a person who meets any of the following:

    (a) Advertises for guiding services. See Arizona Laws 17-101

  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Information technology: means all computerized and auxiliary automated information processing, telecommunications and related technology, including hardware, software, vendor support and related services, equipment and projects. See Arizona Laws 18-101
  • 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
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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.
  • License: means a license issued pursuant to this chapter. See Arizona Laws 6-801
  • License year: means the twelve-month period between January 1 and December 31, inclusive, or a different twelve-month period as prescribed by the commission by rule. See Arizona Laws 17-101
  • Licensee: means a person licensed pursuant to this chapter. See Arizona Laws 6-801
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • 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
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • negligently: import a want of such attention to the nature or probable consequence of the act or omission as a prudent man ordinarily bestows in acting in his own concerns. See Arizona Laws 1-215
  • Nighttime: means the period between sunset and sunrise. See Arizona Laws 1-215
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Open season: means the time during which wildlife may be lawfully taken. See Arizona Laws 17-101
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Peace officers: means sheriffs of counties, constables, marshals, policemen of cities and towns, commissioned personnel of the department of public safety, personnel who are employed by the state department of corrections and the department of juvenile corrections and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a multicounty water conservation district and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by community college district governing boards and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the Arizona board of regents and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the governing body of a public airport pursuant to section 28-8426 and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a private postsecondary institution pursuant to section 15-1897 and who have received a certificate from the Arizona peace officer standards and training board and special agents from the office of the attorney general, or of a county attorney, and who have received a certificate from the Arizona peace officer standards and training board. See Arizona Laws 1-215
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • 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.
  • Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
  • Possession limit: means the maximum limit, in number or amount of wildlife, that any one person may possess at one time. See Arizona Laws 17-101
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Privacy policy statement: means a description of an agency's information practices. See Arizona Laws 18-201
  • Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
  • projects: means a project for selection, restoration, rehabilitation or improvement of areas of land or water adaptable as feeding, resting or breeding places for wildlife or fish, and includes acquisition by purchase, lease or gift of the property or interest therein as may be suitable or capable of being made suitable therefor, and the construction of such works as may be necessary to efficient administration of wildlife resources, and such preliminary or incidental expenses as may be incurred in and about the project. See Arizona Laws 17-401
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Property owner: means a person with a fee simple, leasehold or other property interest, including owners of water or other natural resources, or any other entity that may have a property interest, sufficient to carry out species research or management activities, subject to applicable state law, on nonfederal land. See Arizona Laws 17-495
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quorum: The number of legislators that must be present to do business.
  • range: means a permanently located and improved area that is designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder or any other similar sport shooting in an outdoor environment. See Arizona Laws 17-601
  • Raptors: means birds that are members of the order of falconiformes or strigiformes and includes falcons, hawks, owls, eagles and other birds that the commission may classify as raptors. See Arizona Laws 17-101
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • 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.
  • Research: means scientifically valid data that is collected on a species that is already protected under the endangered species act or potentially subject to federal protection under the endangered species act. See Arizona Laws 17-495
  • Restoration acts: means the Pittman-Robertson federal aid in wildlife restoration act found in 50 Stat. See Arizona Laws 17-401
  • Road: means any maintained or unmaintained road that has been utilized by the public. See Arizona Laws 17-451
  • Secretary: means the secretary of the interior of the United States, or any officer or agency of the United States authorized to administer the restoration acts. See Arizona Laws 17-401
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Species: includes any species or subspecies of fish, wildlife or plants and any distinct population segment of any species of vertebrate fish or wildlife that interbreeds when mature. See Arizona Laws 17-495
  • State agency: means any state agency, authority or body that is established and authorized by the legislature. See Arizona Laws 17-495
  • Statewide: means all lands except those areas lying within the boundaries of state and federal refuges, parks and monuments, unless specifically provided differently by commission order. See Arizona Laws 17-101
  • Statute: A law passed by a legislature.
  • Subdivision trust: means an agreement in which title to real property or an interest therein is held for the limited purpose of holding, subdividing, developing or selling real property or an interest therein, or to facilitate any business transaction with respect thereto and under which agreement the trustee acts pursuant to direction of its beneficiaries, and without discretionary powers, with respect to the holding, subdivision, development or sale of real estate or an interest therein or the disposition of the proceeds therefrom. See Arizona Laws 6-801
  • Summons: Another word for subpoena used by the criminal justice system.
  • Take: means pursuing, shooting, hunting, fishing, trapping, killing, capturing, snaring or netting wildlife or placing or using any net or other device or trap in a manner that may result in capturing or killing wildlife. See Arizona Laws 17-101
  • Taxidermist: means any person who engages for hire in mounting, refurbishing, maintaining, restoring or preserving any display specimen. See Arizona Laws 17-101
  • trapping: means taking wildlife in any manner except with a gun or other implement in hand. See Arizona Laws 17-101
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
  • Wildlife: means all wild mammals, wild birds and the nests or eggs thereof, reptiles, amphibians, mollusks, crustaceans and fish, including their eggs or spawn. See Arizona Laws 17-101
  • Writing: includes printing. See Arizona Laws 1-215