41-2175
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41-2175. Qualifications and requirements for license A. A manufacturer, dealer, broker, salesperson or installer license shall be issued by the deputy director. B. The deputy director shall: 1. Classify and qualify applicants for a license. 2. Conduct such investigations as the deputy director deems necessary. 3. Establish and administer written examinations for the applicable class license. C. The deputy director may establish experience requirements for installers of manufactured homes, mobile homes and accessory structures. D. To obtain a license pursuant to this article, the applicant shall submit to the deputy director a notarized application on forms prescribed by the office together with the required license fee. Such application shall contain the following information: 1. A designation of the classification of license sought by the applicant. 2. The name, birth date and address of an individual applicant. 3. If the applicant is a partnership, the name, birth date and address of all partners with a designation of any limited partners. 4. If the applicant is a corporation, association or other organization, the names, birth dates and addresses of the president, vice-president, secretary and treasurer. 5. For all licenses, except those for salespersons, the name, birth date and address of the qualifying party. The qualifying party must reside within the state of the principal place of the licensee's business and shall not act in the capacity of a qualifying party for more than one license in the same classification. 6. If the applicant is a corporation, evidence that the corporation is in good standing with the Arizona corporation commission. 7. Whether the owner, if the applicant is a sole proprietorship, all partners, if the applicant is a partnership, all officers, if the applicant is a corporation or other type of association, the general partner, if the applicant is a limited partnership, or the individual, if the applicant is a salesperson, has ever been charged or convicted of a felony, or has ever received an adverse final decision in a civil action alleging fraud or misrepresentation, and, if so, the nature of the action and the final disposition of the case. 8. For corporations, the name and address of a statutory agent appointed by the licensee on whom legal notices, summonses or other processes may be served, which service shall be deemed personal service upon the licensee. 9. If it is an application for a salesperson's license, the applicant shall designate an employing dealer or broker and the application shall include the signature of the qualifying party or the qualifying party's designee. 10. Other information as the deputy director may deem necessary. E. Prior to the issuance of any license pursuant to this article, the owner, if the applicant is a sole proprietorship, all partners, if the applicant is a partnership, the general partner, if the applicant is a limited partnership, the president, vice-president, secretary, and treasurer, if the applicant is a corporation or other type of association, the individual, if the applicant is a salesperson, and the qualifying party shall be of good character and reputation and shall submit a fingerprint card for background analysis. Lack of good character and reputation may be established by showing that such person has committed any act which, if committed by any licensee, would be grounds for suspension or revocation of such license. F. To obtain a license pursuant to this article, a person shall not have had a license refused or revoked within one year prior to the date of the application nor have engaged in the business without first having been licensed nor shall a person act as a licensee between the filing of the application and actual issuance of the license. As used in this subsection, "person" means an applicant, an individual, a qualifying party, any partner of a partnership or any officer, director, qualifying party or owner of forty per cent or more of the stock or beneficial interest of a corporation. G. Prior to issuance of a dealer, broker or installer license, the qualifying party, in addition to meeting the requirements provided in subsection D, shall successfully show, by written examination within three attempts, qualification in the kind of work or business in which the applicant proposes to engage. H. No license shall be issued to a minor or to any partnership in which one of the partners is a minor. I. Every salesperson who holds an active license shall maintain on file with the office a current residence address and shall notify the office within five working days of any change of address, of any discontinued employment, and where, if anywhere, the salesperson is currently working. J. The license of a salesperson who is no longer employed by the dealer of record is deemed inactive, and the salesperson shall turn in the license to the office until the salesperson is employed by another dealer and a written notification of the change has been received by the office. On notification, the office shall return the license to the salesperson. |