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Law Book - Arizona Department of Real Estate

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139 APPENDIX: SUBSTANTIVE POLICY STATEMENTS No. 2008.01<br />

requirements or penalties on regulated parties or include confidential information or rules made in accordance with<br />

the <strong>Arizona</strong> Administrative Procedure Act. If you believe that this substantive policy statement does impose<br />

additional requirements or penalties on regulated parties you may petition the agency under ARS 41-1033 for a<br />

review <strong>of</strong> the statement.<br />

Description <strong>of</strong> Practice/Procedure:<br />

The <strong>Department</strong> will only accept payment for fees and for any other purposes when made by credit card, cash,<br />

check, or money order.<br />

Acceptable checks include pre-printed personal or business account checks or drafts, either in-state or<br />

out-<strong>of</strong>-state. Two-party checks, counter checks or any check not pre-printed with the name and address <strong>of</strong> the<br />

account holder, the name <strong>of</strong> the subject financial institution and the account number are considered<br />

unacceptable forms <strong>of</strong> payment.<br />

Payment <strong>of</strong> a civil penalty shall be by credit card, money order, certified check, cashier’s check or cash.<br />

If an individual or entity has an outstanding ‘‘bad check,’’ no further checks or payment <strong>of</strong> any other kind for<br />

any purpose will be accepted by the <strong>Department</strong> from that individual or entity until the outstanding check is<br />

redeemed, using a credit card, cashier’s check, money order, certified check or cash.<br />

The <strong>Department</strong> will accept one form <strong>of</strong> payment per transaction.<br />

Authority: A.R.S. §§ 32-2125.01, -2129, -2130, -2186, -2194.02, -2195.02, -2196, -2197.05 and -2198.09<br />

authorize the Commissioner to assess fees and prescribe the amounts to be charged. A.R.S. § 35-142(l)<br />

authorizes state agency acceptance <strong>of</strong> credit card payments pursuant to § 35-515.<br />

Policy Program: Commissioner’s Office<br />

Effective Date: 2-8-2008<br />

No. 2008.03<br />

No. 2008.02 rev.<br />

Short Title: Subsequent Owners/Subdivision Disclosure Reports (Public Reports)<br />

This substantive policy statement is advisory only. A substantive policy statement does not include internal<br />

procedural documents that only affect the internal procedures <strong>of</strong> the agency and does not impose additional<br />

requirements or penalties on regulated parties or include confidential information or rules made in accordance with<br />

the <strong>Arizona</strong> Administrative Procedure Act. If you believe that this substantive policy statement does impose<br />

additional requirements or penalties on regulated parties you may petition the agency under ARS 41-1033 for a<br />

review <strong>of</strong> the statement.<br />

Description <strong>of</strong> Practice/Procedure:<br />

A subsequent owner <strong>of</strong> 6 or more lots located within an existing platted subdivision for which a Subdivision<br />

Disclosure Report was previously issued may qualify for a Special Order <strong>of</strong> Exemption from the requirement<br />

to obtain a new Subdivision Disclosure Report if:<br />

1) The subsequent owner has satisfied all provisions and requirements <strong>of</strong> A.R.S. § 32-2181.02(B)(2), except<br />

for the requirement <strong>of</strong> § 32-2181.02(B)(2)(a) that the Subdivision Disclosure Report must have been<br />

issued within the past two years.<br />

2) The subsequent owner demonstrates compliance with the assured water supply requirement described in<br />

A.R.S. § 32-2181(C).<br />

Authority: A.R.S. § 32-2181(B) and § 32-2181.01. A.R.S. § 32-2102 provides that the <strong>Department</strong> <strong>of</strong> <strong>Real</strong><br />

<strong>Estate</strong>, under the direction <strong>of</strong> the <strong>Real</strong> <strong>Estate</strong> Commissioner, shall administer Title 32, Chapter 20.<br />

Policy Program: Developments (Subdivisions)<br />

Effective Date: 2-8-2008; Revised November 5, 2008.<br />

No. 2008.02<br />

No. 2008.01 rev.<br />

Short Title: Pre-license Education Waiver<br />

This substantive policy statement is advisory only. A substantive policy statement does not include internal<br />

procedural documents that only affect the internal procedures <strong>of</strong> the agency and does not impose additional

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