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REFERENCE TITLE: real estate; fingerprint clearance cards |
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State of Arizona Senate Fifty-first Legislature First Regular Session 2013
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SB 1428 |
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Introduced by Senator Melvin
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AN ACT
amending section 32-2108.01, Arizona Revised Statutes; relating to real estate.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-2108.01, Arizona Revised Statutes, is amended to read:
32-2108.01. License applicants; fingerprint clearance cards; definition
A. Before receiving and holding a license issued pursuant to this chapter, each license applicant shall obtain a valid fingerprint clearance card issued pursuant to section 41‑1758.03.
B. The license applicant is responsible for providing the department with a valid fingerprint clearance card.
C. The department shall not issue a license to an original license applicant before receiving a valid fingerprint clearance card pursuant to this section. However, the department shall suspend the license if the fingerprint clearance card is determined to be invalid and an applicant who was issued a license fails to submit a new valid fingerprint clearance card within ten days after being notified by the department.
D. This section does not affect the department's authority to otherwise issue, deny, cancel, terminate, suspend or revoke a license.
E. If a licensee discloses a conviction for a felony, misdemeanor or undesignated offense to the department or if the department has evidence of a criminal record that has not been previously disclosed by the licensee, the licensee shall submit a valid fingerprint clearance card to the department before or at the time the licensee applies for a license renewal pursuant to section 32-2130.
E. F. For the purposes of this section, "license applicant" means:
1. Each original real estate, cemetery and membership camping salesperson and broker applicant pursuant to article 2 of this chapter.
2. Each natural person, or for an entity applicant, any person exercising control of the entity, who applies for an original certificate of approval to operate a real estate school, or for a renewal certificate, any natural person or person exercising control who has not previously submitted a fingerprint card to the department.
3. Any natural person, or for an entity applicant, any person exercising control of the entity, on whom the department has evidence of a criminal record that has not been previously reviewed or evaluated by the department and who applies for a:
(a) License renewal pursuant to section 32‑2130.
(b) Public report to:
(i) Sell or lease subdivided lands pursuant to article 4 of this chapter.
(ii) Sell or lease unsubdivided lands pursuant to article 7 of this chapter.
(iii) Sell or lease time‑share estates pursuant to article 9 of this chapter.
(iv) Sell membership camping contracts pursuant to article 10 of this chapter.
(c) Certificate of authority to sell cemetery lots pursuant to article 6 of this chapter.