Law Book - Arizona Department of Real Estate

149 APPENDIX: SUBSTANTIVE POLICY STATEMENTS No. 2005.01
Policy Program: Licensing
Effective Date: Revised 12/6/01; Revised & Renumbered 5/28/04; Renumbered 4/01/05.
No. 2005.02
Short Title: Attendance Requirements for Credit & Enforcement
This substantive policy statement is advisory only. A substantive policy statement does not include internal
procedural documents that only affect the internal procedures of the agency and does not impose additional
requirements or penalties on regulated parties or include confidential information or rules made in accordance with
the Arizona Administrative Procedure Act. If you believe that this substantive policy statement does impose
additional requirements or penalties on regulated parties you may petition the agency under ARS 41-1033 for a
review of the statement.
Description of Practice/Procedure: A.R.S. § 32-2124(B) and (C) and § 32-2130(A) require licensees to
attend a prescribed amount of time in pre-licensure and continuing education classes. Tardiness may preclude
a student from receiving credit for the course. Commissioner’s Rule R4-28-101(3) defines ‘‘credit hour’’ as a fifty
minute period of instruction, which allows students a 10-minute break for each sixty minutes and still receive
an ‘‘hour’’ of credit for each 50 minutes spent under instruction.
When a course sponsor schedules a class, the customary practice is to schedule just enough time to cover breaks
and meet the ‘‘fifty-minutes-of-instruction’’ definition (standard) to award each approved credit hour. The
course instructor and the real estate school providing the course are responsible for enforcing the above
standard.
Authority: The authority to approve or disapprove courses and course sponsors exists in A.R.S. § 32-2135 and
Title 4, Chapter 28, Article 4 of the Arizona Administrative Code. Attendance is required in order for
Department-approved credit is issued pursuant to A.R.S. §§ 32-2124 (B) and (C), 32-2130 and A.A.C.
R4-28-101.
Policy Program: Education
Effective Date: June 18, 1999; Revised & Renumbered 5/28/04; Renumbered 4/01/05.
No. 2005.01
Short Title: Acceptable Forms of Payment
This substantive policy statement is advisory only. A substantive policy statement does not include internal
procedural documents that only affect the internal procedures of the agency and does not impose additional
requirements or penalties on regulated parties or include confidential information or rules made in accordance with
the Arizona Administrative Procedure Act. If you believe that this substantive policy statement does impose
additional requirements or penalties on regulated parties you may petition the agency under ARS 41-1033 for a
review of the statement.
Description of Practice/Procedure: The Department will only accept payment for fees and for any other
purposes when made by cash, check or money order, or by acceptable credit card for specified on-line
transactions.
Acceptable checks include pre-printed personal or business account checks or drafts, either in-state or
out-of-state. The Department will not accept two-party checks, counter checks or any check not pre-printed
with the name and address of the account holder, the name of the subject financial institution and the account
number.
Payment of a civil penalty shall be paid by money order, certified check, cashier’s check or cash. 1
If an individual or entity has an outstanding ‘‘bad check,’’ no further checks or payment of any other kind for
any purpose will be accepted by the Department from that individual or entity until the outstanding check is
redeemed, including returned check costs, using a cashier’s check, money order, certified check or cash.
On-Line transactions, including license renewals, hire or sever requests, and transfers of employment, may be
paid using a Discover, Visa, MasterCard or American Express credit card at the conclusion of the on-line
session, after the user has been automatically redirected to a secure website.
Authority: A.R.S. §§ 32-2125.01, -2129, -2130, -2186, -2194.02, -2195.02, -2196, -2197.05 and -2198.09
authorize the Commissioner to assess fees and prescribe the amounts to be charged. A.R.S. § 35-142(I)
authorizes state agency acceptance of credit card payments pursuant to § 35-315.