Terms Used In Arizona Laws > Title 9 > Chapter 4 > Article 6 - Municipal Planning

• Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
• Acupuncture assistant: means an unlicensed person who has completed a training program approved by the board, who assists in basic health care duties in the practice of acupuncture under the supervision of a licensed acupuncturist and who performs delegated duties commensurate with the acupuncture assistant's education and training, but who does not evaluate, interpret, design or modify established treatment programs of acupuncture care. See Arizona Laws 32-3901
• Adjunctive therapies: means the manual, mechanical, magnetic, thermal, electrical or electromagnetic stimulation of acupuncture points and energy pathways, auricular and detoxification therapy, the use of ion cord devices, electroacupuncture, nutritional counseling, therapeutic exercise, the use of nonionizing lasers and acupressure. See Arizona Laws 32-3901
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• 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.
• Analysis: means the review of a property valuation or legal classification established by a county assessor in the representation of a person in appealing the property valuation or legal classification to the county assessor. See Arizona Laws 32-3651
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• Appraisal: means the development of real or personal property valuation or legal classification opinions or conclusions. See Arizona Laws 32-3651
• Appraisal: means the act or process of developing an opinion of the value of real property in conformance with the uniform standards of professional appraisal practice published by the appraisal foundation, or any other definition used in state or federal laws. See Arizona Laws 32-3661
• Appraisal: A determination of property value.
• Appraisal assignment: means an engagement for which a real estate appraiser is employed or retained to act, or would be perceived by third parties or the public in acting, as a disinterested third party in rendering an unbiased analysis, opinion or conclusion relating to the nature, quality, value or utility of specified interests in or aspects of identified real estate. See Arizona Laws 32-3601
• Appraisal foundation: means the appraisal foundation incorporated as an Illinois nonprofit corporation on November 30, 1987. See Arizona Laws 32-3601
• Appraisal management company: means a corporation, partnership, sole proprietorship, subsidiary or other business entity that directly or indirectly performs appraisal management services, regardless of the use of the term "appraisal management company" "mortgage technology provider" "lender processing services" "lender services" "loan processor" "mortgage services" "real estate closing services provider" "settlement services provider" or "vendor management company" or any other term, and that does any of the following:

  (a) Administers an appraiser panel of at least sixteen state-licensed or state-certified appraisers in one state who are independent contractors or at least twenty-five state-licensed or state-certified appraisers in at least two states who perform real property appraisal services in this state for clients. See Arizona Laws 32-3661

• Appraisal management services: means any of the following:

  (a) Recruiting, selecting and retaining appraisers. See Arizona Laws 32-3661

• Appraisal report: means any communication, written or oral, of an appraisal. See Arizona Laws 32-3601
• Appraisal review: means the act or process of developing and communicating an opinion about the quality of another appraiser's work that was performed as part of an appraisal assignment, but does not include an examination of an appraisal for grammatical, typographical or other similar errors that do not communicate an opinion related to the appraiser's data collection, analysis, opinions, conclusions, estimate of value or compliance with the uniform standards of professional appraisal practice. See Arizona Laws 32-3661
• Appraisal review: means the act of reviewing or the report that follows a review of an appraisal assignment or appraisal report in which a real estate appraiser forms an opinion as to the adequacy and appropriateness of the report being reviewed. See Arizona Laws 32-3601
• Appraisal standards board: means the appraisal standards board appointed by the board of trustees of the appraisal foundation to develop, interpret and amend the uniform standards of professional appraisal practice. See Arizona Laws 32-3601
• Appraisal subcommittee: means the subcommittee of the federal financial institutions examination council created pursuant to 12 United States Code § 3310 and chapter 34A, as amended. See Arizona Laws 32-3601
• Appraiser: means a person who is licensed or certified as an appraiser pursuant to this chapter and who performs valuation services competently and in a manner that is independent, impartial and objective. See Arizona Laws 32-3661
• Appraiser qualifications board: means the appraiser qualifications board that is appointed by the board of trustees of the appraisal foundation to establish the minimum education, experience and examination requirements for real estate appraisers. See Arizona Laws 32-3601
• Athletic illness: means an illness that arises from, or a manifestation of an illness that occurs as a result of, a person's participation in or preparation for games or sports or participation in recreational activities or physical fitness activities. See Arizona Laws 32-4101
• Athletic injury: means an injury sustained by a person as a result of that person's participation in or preparation for games or sports or participation in recreational activities or physical fitness activities, or any injury sustained by a person that is of the type that occurs during participation in or preparation for games or sports or participation in recreational activities or physical fitness activities, regardless of the circumstances under which the injury was sustained. See Arizona Laws 32-4101
• Athletic trainer: means a person who is licensed pursuant to this chapter. See Arizona Laws 32-4101
• Athletic training: includes the following performed under the direction of a licensed physician and for which the athletic trainer has received appropriate education and training as prescribed by the board:

  (a) The prevention, recognition, examination, evaluation, rehabilitation and management of athletic injuries. See Arizona Laws 32-4101

• Board: means the acupuncture board of examiners. See Arizona Laws 32-3901
• Board: means the board of certified reporters. See Arizona Laws 32-4002
• Board: means the board of athletic training. See Arizona Laws 32-4101
• Board: means the board of respiratory care examiners. See Arizona Laws 32-3501
• Certification: means a standard certificate that is issued by the board to a person who meets the requirements of sections 32-4021 and 32-4022 and does not include a temporary certificate. See Arizona Laws 32-4002
• Certified reporter: means a person who is certified by the board and who records and transcribes a verbatim record in any sworn proceeding by means of written symbols or abbreviations in shorthand, machine writing or voice writing. See Arizona Laws 32-4002
• Certify: means board authorization to engage in activities regulated by the board. See Arizona Laws 32-4002
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Complex one to four residential units: means property that is atypical for the marketplace. See Arizona Laws 32-3601
• Contract: A legal written agreement that becomes binding when signed.
• Controlling person: means any of the following:

  (a) An owner, officer or director of a corporation, partnership or other business entity seeking to offer appraisal management services in this state. See Arizona Laws 32-3661

• 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.
• Course approval: means the act of the deputy director reviewing course materials to form an opinion as to the adequacy and appropriateness of the course for licensing pursuant to section 32-3613, certification pursuant to section 32-3614 and continuing education as prescribed in section 32-3625 in accordance with the appraiser qualifications board and this chapter. See Arizona Laws 32-3601
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Daytime: means the period between sunrise and sunset. See Arizona Laws 1-215
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of insurance and financial institutions. See Arizona Laws 32-3601
• Dependent: A person dependent for support upon another.
• Deputy director: means the deputy director of the financial institutions division of the department. See Arizona Laws 32-3601
• Diagnostic testing: includes obtaining physiologic samples and determining acid-base status and blood gas values from blood samples and pulmonary function measurements. See Arizona Laws 32-3501
• Direct supervision: means that the supervising athletic trainer is present in the facility or on the campus where athletic training students are performing services, is immediately available to assist the person being supervised in the services being performed and maintains continued involvement in appropriate aspects of the services being performed. See Arizona Laws 32-4101
• Direction of a licensed physician: means direction as prescribed by the board by rule pursuant to section 32-4103. See Arizona Laws 32-4101
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• 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}
• 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.
• Federal financial institutions examination council: means that agency of the federal government created pursuant to 12 United States Code chapters 34 and 34A, as amended. See Arizona Laws 32-3601
• 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.
• 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}
• Fraud: Intentional deception resulting in injury to another.
• General plan: means a municipal statement of land development policies, that may include maps, charts, graphs and text that set forth objectives, principles and standards for local growth and redevelopment enacted under the provisions of this article or any prior statute. See Arizona Laws 9-461
• Herbal therapies: means prescribing, administering, injecting, compounding and dispensing herbal medicines and plant, animal, mineral and natural substances. See Arizona Laws 32-3901
• including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
• 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}
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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}
• Licensed physician: means a person who is licensed pursuant to chapter 13 or 17 of this title. See Arizona Laws 32-4101
• Licensed respiratory care practitioner: means a respiratory therapist who is licensed pursuant to this chapter. See Arizona Laws 32-3501
• Medical direction: means direction by a physician who is licensed pursuant to chapter 13 or 17 of this title. See Arizona Laws 32-3501
• Minor: means a person under eighteen years of age. See Arizona Laws 1-215
• Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
• Moral turpitude: means an offense, whether a misdemeanor or felony, that is related to extortion, burglary, larceny, bribery, embezzlement, robbery, racketeering, money laundering, forgery, fraud, murder, voluntary manslaughter or a sexual offense that requires the individual to register pursuant to section 13-3821. See Arizona Laws 1-215
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• municipality: means an incorporated city or town. See Arizona Laws 9-461
• 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
• 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
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Planning agency: means the official body designated by local ordinance to carry out the purposes of this article and may be a planning department, a planning commission, a hearing officer, the legislative body itself, or any combination thereof. See Arizona Laws 9-461
• 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
• Practice of respiratory care: means direct and indirect respiratory care services that are performed in a clinic, hospital, skilled nursing facility or private dwelling or other place deemed appropriate or necessary by the board in accordance with the prescription or verbal order of a physician and performed under qualified medical direction. See Arizona Laws 32-3501
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
• Property: includes both real and personal property. See Arizona Laws 1-215
• Property tax agent: means an individual who is designated by a person or is an employee of an entity designated as an agent pursuant to section 42-16001, who acts on behalf of a person who owns, controls or possesses property valued by a county assessor or the department of revenue and who receives a fee for the analysis of any matter relating to the review of the valuation or legal classification of the person's property before the assessor, the county or state board of equalization or the department of revenue. See Arizona Laws 32-3651
• Property tax agent: means an individual who is designated by a person or is an employee of an entity designated as an agent pursuant to section 42-16001, who acts on behalf of a person who owns, controls or possesses property valued by a county assessor and who receives a fee for the analysis of any matter relating to the review of the valuation of the person's property before the assessor. See Arizona Laws 32-3601
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• 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.
• Real estate: means an identified parcel or tract of land, including improvements, if any. See Arizona Laws 32-3601
• real estate appraisal: means a statement that is independently and impartially prepared by an individual setting forth an opinion as to the market value of real property as of a specific date and supported by the presentation and analysis of relevant market information. See Arizona Laws 32-3601
• Real estate related financial transaction: means any transaction involving the sale of, lease of, purchase of, investment in or exchange of real property, including interests in property or the financing of property, the refinancing of real property or interests in real property and the use of real property or interests in property as security for a loan or investment, including mortgage-backed securities. See Arizona Laws 32-3601
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Real property: means one or more defined interests, benefits and rights inherent in the ownership of real estate. See Arizona Laws 32-3601
• Real property appraisal services: means the practice of developing an opinion of the value of real property in conformance with the uniform standards of professional appraisal practice published by the appraisal foundation. See Arizona Laws 32-3661
• Registered trainee appraiser: means a person who meets both of the following requirements:

  (a) Is registered with the deputy director and meets the appraiser qualifications board's qualifications for trainee appraisers to perform appraisal services only under the direct supervision of a certified appraiser who has met the minimum criteria to be a supervisory appraiser. See Arizona Laws 32-3601

• Relocation management company: means a business entity whose exclusive business services are not for mortgage purposes and include the relocation of employees as an agent or contractor for the employer or the employer's agent for the purposes of determining an anticipated sales price, as defined by the worldwide employee relocation council, of the residence of an employee being relocated by the employer in the course of its business. See Arizona Laws 32-3661
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Report: means to stenographically or by voice writing record and transcribe sworn proceedings. See Arizona Laws 32-4002
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Respiratory therapist: means a person who successfully completes a respiratory therapy training program approved by the board. See Arizona Laws 32-3501
• Respiratory therapy training program: means a program that is accredited by the commission on accreditation for respiratory care or its successor agency and that is adopted by the board. See Arizona Laws 32-3501
• Restricted license: means a license on which the board places restrictions or conditions, or both, as to the scope of practice, place of practice, supervision of practice, duration of license status or type or condition of a person to whom the licensee may provide services. See Arizona Laws 32-4101
• Right-of-way: means any public right-of-way and includes any area required for public use pursuant to any general or specific plan. See Arizona Laws 9-461
• Service of process: The service of writs or summonses to the appropriate party.
• Specific plan: means a detailed element of the general plan enacted under the provisions of this article or a prior statute. See Arizona Laws 9-461
• Standards of professional appraisal practice: means the uniform standards of professional appraisal practice promulgated by the appraisal standards board of the appraisal foundation. See Arizona Laws 32-3601
• State-licensed or state-certified appraiser: means a person who develops and communicates appraisals and who holds a current, valid license or certificate issued under this chapter. See Arizona Laws 32-3601
• Statute: A law passed by a legislature.
• Street: means streets, highways, freeways, expressways, avenues, boulevards, parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public access easements and rights-of-way. See Arizona Laws 9-461
• Subdivision regulations: means a municipal ordinance regulating the design and improvement of subdivisions enacted under the provisions of article 6. See Arizona Laws 9-461
• Subpoena: A command to a witness to appear and give testimony.
• Supervision: means that the supervising licensed acupuncturist is present in the facility where the acupuncture assistant is performing services and is available for consultation regarding procedures that the licensed acupuncturist has authorized and for which the licensed acupuncturist remains responsible. See Arizona Laws 32-3901
• Supervisory appraiser: means a state-certified appraiser who has a supervisory appraiser designation and who:

  (a) Has been in good standing for the last three years in the jurisdiction in which the registered trainee appraiser practices. See Arizona Laws 32-3601

• 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.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Therapeutics: includes the following:

  (a) Applying and monitoring oxygen therapy. See Arizona Laws 32-3501

• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trauma: means the experience of significant psychological distress following any terrible or life-threatening event. See Arizona Laws 32-3901
• 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.
• Uniform standards of professional appraisal practice: means the uniform standards of professional appraisal practice promulgated by the appraisal foundation. See Arizona Laws 32-3661
• United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
• Unprofessional conduct: includes the following, whether occurring in this state or elsewhere:

  (a) Wilfully disclosing a professional secret or wilfully violating a privileged communication except as either of these may otherwise be required by law. See Arizona Laws 32-3901

• Unprofessional conduct: includes the following:

  (a) Committing a felony, whether or not involving moral turpitude, or a misdemeanor involving moral turpitude. See Arizona Laws 32-3501

• Value: means the monetary relationship between properties and those who buy, sell or use those properties. See Arizona Laws 32-3601
• Voice writing: means the making of a verbatim record of the spoken word by means of repeating the words of the speaker into a device that is capable of digital translation into text. See Arizona Laws 32-4002
• 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
• Writing: includes printing. See Arizona Laws 1-215
• Zoning ordinance: means a municipal ordinance regulating the use of land or structures, or both, under the provisions of this article. See Arizona Laws 9-461