| 69 | | - | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 32-106, Arizona Revised Statutes, is amended to read: START_STATUTE32-106. Powers and duties A. The board shall: 1. Adopt rules for the conduct of conducting its meetings and performance of performing duties imposed on it by law. 2. Adopt an official seal for attestation of attesting certificates of registration and other official papers and documents. 3. Consider and act on or delegate the authority to act on applications for registration or certification. 4. Conduct examinations for in-training and professional registration, except for an alarm business, a controlling person or an alarm agent. 5. Hear and act on complaints or charges or direct an administrative law judge to hear and act on complaints and charges relating to the review of drawings, plans or design specifications by any of the following: (a) an architect. (b) a geologist. (c) a landscape architect. (d) a professional ENGINEER. (e) a land surveyor. 6. Compel attendance of witnesses, administer oaths and take testimony concerning all matters coming within its jurisdiction. In exercising these powers, the board may issue subpoenas for the attendance of witnesses and the production of books, records, documents and other evidence it deems relevant to an investigation or hearing. 7. Keep a record of its proceedings. 8. Keep a register that shows the date of each application for registration or certification, the name of the applicant, the practice or branch of practice in which the applicant has applied for registration, if applicable, and the disposition of the application. 9. Do other things necessary to carry out the purposes of this chapter. B. The board shall specify the proficiency designation in the branch of engineering in which the applicant has designated proficiency on the certificate of registration and renewal card issued to each registered engineer and shall authorize the engineer to use the title of registered professional engineer. The board shall decide what branches of engineering it shall recognize. C. The board may investigate a complaint pursuant to subsection A, paragraph 5 of this section and may take any necessary disciplinary or enforcement action resulting from a complaint only if the COMPLAINANT has a SUBSTANTIAL nexus with the person who is the subject of the complaint. C. D. The board may hold membership in and be represented at national councils or organizations of proficiencies registered under this chapter and may pay the appropriate membership fees. The board may conduct standard examinations on behalf of national councils and may establish fees for those examinations. D. E. The board may employ and pay on a fee basis persons, including full-time employees of a state institution, bureau or department, to prepare and grade examinations given to applicants for registration or review an applicant's submissions of required documents for home inspector certification and regulation and may fix the fee to be paid for these services. These employees are authorized to prepare, grade and monitor examinations, review an applicant's submissions of required documents for home inspector certification and regulation and perform other services the board authorizes, and to receive payment for these services from the technical registration fund. The board may contract with an organization to administer the registration examination, including selecting the test site, scheduling the examination, billing and collecting the fee directly from the applicant and grading the examination if a national council of which the board is a member or a professional association approved by the board does not provide these services. If a national council of which the board is a member or a professional association approved by the board does provide these services, the board shall enter into an agreement with the national council or professional association to administer the registration examination. E. F. The board may rent necessary office space and pay the cost of this office space from the technical registration fund. F. G. The board may adopt rules establishing rules of professional conduct for registrants relating to the review of drawings, plans or design specifications by any of the following: 1. an architect. 2. a geologist. 3. a landscape architect. 4. a professional ENGINEER. 5. a land surveyor. G. H. The board may require evidence it deems necessary to establish the continuing competency of registrants as a condition of renewal of licenses. H. I. Subject to title 41, chapter 4, article 4, the board may employ persons as it deems necessary. I. J. The board shall issue or may authorize the executive director to issue a certificate or renewal certificate to each alarm business and each controlling person and a certification or renewal certification card to each alarm agent if the qualifications prescribed by this chapter are met. END_STATUTE Sec. 2. Repeal Section 32-111, Arizona Revised Statutes, is repealed. Sec. 3. Section 32-122.02, Arizona Revised Statutes, is amended to read: START_STATUTE32-122.02. Certification of home inspectors; insurance A. An applicant for certification as a home inspector shall: 1. Be at least eighteen years of age. 2. Have passed within two years preceding application a written examination that is approved by the board and that meets the competency standards recommended by the home inspector rules and standards committee and adopted by the board. 3. Have passed a course of study that meets the standards recommended by the home inspector rules and standards committee and approved by the board. 4. Pay a fee as determined by the board and for initial certification shall provide to the board evidence of having a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1. 5. Not have had a certificate denied or revoked pursuant to this chapter within one year immediately preceding the application. 6. Have received an absolute discharge from sentence at least five years before the application if the person has been convicted of one or more felonies. 7. Provide evidence of the applicant's ability to obtain financial assurance as provided by subsection B of this section. B. Within sixty days after certification and before any fee-based home inspection is performed, a home inspector certified pursuant to this chapter shall file one of the following financial assurances pursuant to rules recommended by the home inspector rules and standards committee and adopted by the board: 1. Errors and omissions insurance for negligent acts committed in the course of a home inspection in an amount of $200,000 in the aggregate and $100,000 per occurrence. 2. A bond that is retroactive to the certification date in the amount of $25,000 or proof that minimum net assets have a value of at least $25,000. C. If a home inspector loses or otherwise fails to maintain a required financial assurance, the certification shall be automatically suspended and shall be reinstated if a financial assurance is obtained within ninety days. If a financial assurance is not obtained within ninety days, the certification shall be automatically revoked. D. A home inspector is subject to this chapter and rules adopted pursuant to this chapter. E. Except as provided in subsection A, paragraph 4 of this section, the board may not require the submission of a fingerprint clearance card for certification renewal or any other purpose. END_STATUTE Sec. 4. Section 32-128, Arizona Revised Statutes, is amended to read: START_STATUTE32-128. Disciplinary action; letter of concern; judicial review A. The board may take the following disciplinary actions, in combination or alternatively, that are related to the review of drawings, plans or design specifications by an architect, geologist, landscape architect, professional ENGINEER or land surveyor: 1. Revocation of a certification or registration. 2. Suspension of a certification or registration for a period of not more than three years. 3. Imposition of an administrative penalty of not more than two thousand dollars $2,000 for each violation of this chapter or rules adopted pursuant to this chapter. 4. Imposition of restrictions on the scope of the registrant's practice. 5. Imposition of peer review and professional education requirements. 6. Imposition of probation requirements that are best adapted to protect the public safety, health and welfare and that may include a requirement for restitution payments to professional services clients or to other persons suffering economic loss resulting from violations of this chapter or rules adopted pursuant to this chapter. 7. Issuance of a letter of reprimand informing a person regulated under this chapter of a violation of this chapter or rules adopted by the board. B. The board may issue a letter of concern if the board believes there is insufficient evidence to support disciplinary action against the registrant or home inspector but sufficient evidence for the board to notify the registrant or home inspector of the board's concern. A letter of concern is a public document. C. The board may take disciplinary action against the holder of a certificate or registration under this chapter who is charged with the commission of any of the following acts: 1. Fraud or misrepresentation in obtaining a certificate of qualification, whether in the application or qualification examination. 2. Gross negligence, incompetence, bribery or other misconduct in the practice of the profession relating to the review of drawings, plans or design specifications by any of the following: (a) an architect. (b) a geologist. (c) a landscape architect. (d) a professional ENGINEER. (e) a land surveyor. 3. Aiding or abetting an unregistered or uncertified person to evade this chapter or knowingly combining or conspiring with an unregistered or uncertified person, or allowing one's registration or certification to be used by an unregistered or uncertified person or acting as agent, partner, associate or otherwise of an unregistered or uncertified person, with intent to evade this chapter. 4. Violation of this chapter or board rules. 5. Failing to pay a collaborating registered professional within seven calendar days after the registrant receives payment from a client unless specified otherwise contractually between the prime professional and the collaborating registered professional. For the purposes of this paragraph, "collaborating registered professional" means a registered professional with whom the prime professional has a contract to perform professional services. D. The board may make investigations, employ investigators and expert witnesses, appoint members of advisory committees and conduct hearings to determine whether a disciplinary action should be taken against the holder of a certificate or registration under this chapter. E. An investigation may be initiated on receipt of an oral or written complaint. The board, on its own motion, may direct the executive director to file a verified complaint charging a person with a violation of this chapter or board rules and shall give notice of the hearing pursuant to title 41, chapter 6, article 10. The executive director shall then serve on the accused, by either personal service or certified mail, a copy of the complaint together with notice setting forth the charge or charges to be heard and the time and place of the hearing, which shall not be less than thirty days after the service or mailing of notice. F. A person who has been notified of charges pending against the person shall file with the board an answer in writing to the charges not more than thirty days after service of the complaint and notice of hearing. If a person fails to answer in writing, it is deemed an admission by the person of the act or acts charged in the complaint and notice of hearing. The board may then take disciplinary action pursuant to this chapter without a hearing. G. A disciplinary action may be informally settled by the board and the accused either before or after initiation of hearing proceedings. H. On its determination that any person has violated this chapter or a rule adopted pursuant to this chapter, the board may assess the person with its reasonable costs and expenses, including attorney fees, incurred in conducting the investigation and administrative hearing. All monies collected pursuant to this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the technical registration fund established by section 32-109 and shall only be used by the board to defray its expenses in connection with investigation related training, disciplinary investigations and hearings. Notwithstanding section 35-143.01, these monies may be spent without legislative appropriation. I. The board shall immediately notify the clerk of the board of supervisors of each county in the state of the suspension or revocation of a certificate or of the reissuance of a suspended or revoked certificate. J. Except as provided in section 41-1092.08, subsection H, final decisions of the board are subject to judicial review pursuant to title 12, chapter 7, article 6. END_STATUTE Sec. 5. Title 41, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 41-710.03, to read: START_STATUTE41-710.03. Department prohibitions; public monies and resources; violation; payment Notwithstanding any other law, the department may not spend public monies or use public resources on anything that is prohibited by section 41-1494. If the department violates this section, the department shall pay to the aggrieved employee an amount equal to the public monies that were spent or the value of the public resources that were used. END_STATUTE Sec. 6. Title 41, chapter 4, article 6, Arizona Revised Statutes, is amended by adding section 41-784, to read: START_STATUTE41-784. State personnel board prohibitions; public monies and resources; violation; payment Notwithstanding any other law, the state personnel board may not spend public monies or use public resources on anything that is prohibited by section 41-1494. If the board violates this section, the board shall pay to the aggrieved employee an amount equal to the public monies that were spent or the value of the public resources that were used. END_STATUTE Sec. 7. Title 41, chapter 15, article 1, Arizona Revised Statutes, is amended by adding section 41-2055, to read: START_STATUTE41-2055. Governor's office on tribal relations prohibitions; public monies and resources; violation; payment Notwithstanding any other law, the governor's office on tribal relations may not spend public monies or use public resources on anything that is prohibited by section 41-1494. If the office violates this section, the office shall pay to the aggrieved employee an amount equal to the public monies that were spent or the value of the public resources that were used. END_STATUTE Sec. 8. Repeal Sections 41-3024.08, 41-3024.09, 41-3024.10, 41-3024.11, 41-3024.14, 41-3024.18, 41-3024.19 and 41-3024.23, Arizona Revised Statutes, are repealed. Sec. 9. Title 41, chapter 27, article 2, Arizona Revised Statutes, is amended by adding sections 41-3026.13, 41-3026.14, 41-3026.15, 41-3026.16, 41-3026.17, 41-3026.18, 41-3026.19 and 41-3026.20, to read: START_STATUTE41-3026.13. Arizona historical society; termination July 1, 2026 A. The Arizona historical society terminates on July 1, 2026. B. Title 41, chapter 4.1, article 1 and this section are repealed on January 1, 2027. END_STATUTE START_STATUTE41-3026.14. Prescott historical society of Arizona; termination July 1, 2026 A. The Prescott historical society of Arizona terminates on July 1, 2026. B. Title 41, chapter 4.1, article 2 and this section are repealed on January 1, 2027. END_STATUTE START_STATUTE41-3026.15. State personnel board; termination July 1, 2026 A. The state personnel board terminates on July 1, 2026. B. Title 41, chapter 4, article 6 and this section are repealed on January 1, 2027. END_STATUTE START_STATUTE41-3026.16. Board of technical registration; termination July 1, 2026 A. The board of technical registration terminates on July 1, 2026. B. Title 32, chapter 1 and this section are repealed on January 1, 2027. END_STATUTE START_STATUTE41-3026.17. Department of administration; termination July 1, 2026 A. The department of administration terminates on July 1, 2026. B. Title 41, chapter 4, articles 1, 2, 3, 4, 5 and 7, title 18, chapter 1 and this section are repealed on January 1, 2027. END_STATUTE START_STATUTE41-3026.18. Boiler advisory board; termination July 1, 2026 A. The boiler advisory board terminates on July 1, 2026. B. Section 23-486 and this section are repealed on January 1, 2027. END_STATUTE START_STATUTE41-3026.19. Occupational safety and health review board; termination July 1, 2026 A. The occupational safety and health review board terminates on July 1, 2026. B. Sections 23-422 and 23-423 and this section are repealed on January 1, 2027. END_STATUTE START_STATUTE41-3026.20. Governor's office on tribal relations; termination July 1, 2026 A. The governor's office on tribal relations terminates on July 1, 2026. B. Title 41, chapter 15 and this section are repealed on January 1, 2027. END_STATUTE Sec. 10. Purpose Pursuant to section 41-2955, subsection B, Arizona Revised Statutes, the legislature continues the Arizona historical society to purchase, receive, hold, lease and sell property for the benefit of this state and the use of the society. Sec. 11. Purpose Pursuant to section 41-2955, subsection B, Arizona Revised Statutes, the legislature continues the Prescott historical society of Arizona in order to purchase, receive, hold, lease and sell property for the benefit of this state and the use of the society. Sec. 12. Purpose Pursuant to section 41-2955, subsection B, Arizona Revised Statutes, the legislature continues the state personnel board to hear and review appeals relating to personnel actions taken against state employees and dismissals from state service, suspensions for more than forty hours and demotions resulting from disciplinary actions. Sec. 13. Purpose Pursuant to section 41-2955, subsection B, Arizona Revised Statutes, the legislature continues the board of technical registration to protect the public safety and welfare by regulating architects, engineers, geologists, home inspectors, alarm agents, landscape architects and land surveyors. Sec. 14. Purpose Pursuant to section 41-2955, subsection B, Arizona Revised Statutes, the legislature continues the department of administration in order to provide services to state government in the following areas: 1. Automation. 2. Finance. 3. Personnel administration. 4. Public buildings maintenance. 5. Surplus property. 6. Risk management. Sec. 15. Purpose Pursuant to section 41-2955, subsection B, Arizona Revised Statutes, the legislature continues the boiler advisory board to assist the division of occupational safety and health in drafting standards and rules for boilers and water heaters. Sec. 16. Purpose Pursuant to section 41-2955, subsection B, Arizona Revised Statutes, the legislature continues the occupational safety and health review board to hear administrative appeals regarding industrial commission of Arizona matters. Sec. 17. Purpose Pursuant to section 41-2955, subsection B, Arizona Revised Statutes, the legislature continues the governor's office on tribal relations in order to assist and support tribal nations and communities in this state and to enhance government to government relations between the twenty-two tribal nations within the boundaries of this state. Sec. 18. Sunset termination; review; committees of reference Notwithstanding section 41-2953, Arizona Revised Statutes, the joint legislative audit committee shall direct the committees of reference to conduct the sunset review for the next sunset termination schedule that includes all of the following: 1. The Arizona historical society. 2. The Prescott historical society of Arizona. 3. The state personnel board. 4. The board of technical registration. 5. The department of administration. 6. The boiler advisory board. 7. The occupational safety and health review board. 8. The governor's office on tribal relations. Sec. 19. Retroactivity Sections 8 and 9 of this act apply retroactively to from and after July 1, 2024. |
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| 67 | + | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 11-815, Arizona Revised Statutes, is amended to read: START_STATUTE11-815. Enforcement; county zoning inspector; deputies; building permits; notice; cure period; violations; classification; civil penalties; hearing officers and procedures; review; definition A. The county zoning ordinance shall provide for its enforcement within a zoned territory by means of withholding building permits, and for those purposes may establish the position of county zoning inspector and deputy inspectors as may be required, who shall be appointed by the board. B. After the establishment establishing and filling of the position, it is unlawful to erect, construct, reconstruct, alter or use any building or other structure within a zoning district covered by the ordinance without first obtaining a building permit from the inspector, and for that purpose the applicant shall provide the zoning inspector with a sketch of the proposed construction containing sufficient information for the enforcement of the zoning ordinance. A permit is not required for repairs or improvements of a value of not exceeding five hundred dollars more than $500. Reasonable fees may be charged for the issuance of a permit. The inspector shall recognize the limitations placed on the inspector's authority by sections 11-804 and 11-811, and shall issue the permit when it appears that the proposed erection, construction, reconstruction, alteration or use fully conforms to the zoning ordinance. In any other case the inspector shall withhold the permit. C. It is unlawful to erect, construct, reconstruct, maintain or use any land in any zoning district in violation of any regulation or any ordinance pertaining to the land and any violation constitutes a public nuisance. Any person, firm or corporation violating an ordinance, or any part of an ordinance, is guilty of a class 2 misdemeanor. Each day during which the illegal erection, construction, reconstruction, alteration, maintenance or use continues is a separate offense. D. A county may establish civil penalties for a violation of any zoning regulation or ordinance. Civil penalties shall not exceed the amount of the maximum fine for a class 2 misdemeanor. Each day of continuance of the violation constitutes a separate violation. If an alleged violator is served with a notice of violation pursuant to subsection E f of this section, the alleged violator is not subject to a criminal charge arising out of the same facts. e. before reporting a zoning violation to the hearing officer pursuant to subsection f of this section, personal service of a notice of violation of a zoning regulation or ordinance on the alleged violator may be made by an inspector or by any person authorized to perform personal service by the Arizona rules of civil procedure. If it is impracticable for the inspector to cause the notice to be personally served, the notice may be served in the same manner prescribed for alternative methods of service by the Arizona rules of civil procedure. The notice of violation shall include all of the following: 1. The name of the owner of record of the property and any other person against whom the county intends to take action. 2. The location of the property alleged to be in violation of a zoning regulation or ordinance. 3. The specific violation with a description of how the zoning regulations or ordinances have not been met. Each instance of a zoning regulation or ordinance that has not been met shall be specified with citation to the applicable zoning regulation or ordinance. 4. The date when steps TOWARDS compliance must be commenced and the date when compliance must be completed. 5. information that failure to comply with the dates described in paragraph 4 of this subsection constitutes a separate violation and a description of possible civil penalties. E. f. A county that establishes a civil penalty for a violation of a zoning regulation or ordinance may appoint hearing officers to hear and determine zoning violations. If the zoning inspector reports a zoning violation to the hearing officer, the hearing officer shall hold a hearing after notice of the hearing has been served on the alleged violator. the inspector may not report a zoning violation to the hearing officer unless the time specified to cure the alleged violation as provided on the notice of violation required pursuant to subsection E, paragraph 4 of this section has expired. The zoning inspector shall cause the notice of the hearing to be personally served on the alleged violator at least five fifteen days before the hearing. Personal service may be made by a zoning an inspector or by any person authorized to perform personal service by the Arizona rules of civil procedure. If it is impracticable for the zoning inspector to cause the notice to be personally served, the notice may be served in the same manner prescribed for alternative methods of service by the Arizona rules of civil procedure. A notice served on the alleged violator other than by personal service shall be served at least thirty days before the hearing. For the purposes of this subsection, "impracticable" includes service of the notice outside the boundaries of the county or in situations in which the hearing officer reasonably determines that personal service on the alleged violator would jeopardize the safety of the zoning inspector or other persons authorized to perform personal service by the Arizona rules of civil procedure. The notice of the hearing required pursuant to this subsection shall state all of the following: 1. The name of the owner of record of the property and any other person against whom the county intends to take action. 2. The location of the property in violation of a zoning regulation or ordinance. 3. The specific violation with a description of how the zoning regulations or ordinances have not been met. Each instance of a zoning regulation or ordinance that has not been met shall be specified with citation to the applicable zoning regulation or ordinance. 4. For continuing violations at the same property, the dates on which the continuing violations occurred. F. g. At the hearing, the zoning inspector shall present evidence showing the existence of a zoning violation and the alleged violator or the alleged violator's attorney or other designated representative shall be given a reasonable opportunity to present evidence. The county attorney may present evidence on behalf of the zoning inspector. At the conclusion of the hearing, the hearing officer shall determine whether a zoning violation exists and, if a violation is found to exist, may impose civil penalties pursuant to subsection D of this section. The hearing officer shall advise the violator of the right to request a review of the decision pursuant to subsection h of this section. G. h. A hearing officer may be an employee of the county and shall be appointed by the board of supervisors. A review of decisions of the hearing officer by the board of supervisors shall be available to any party to the hearing. The board of supervisors may delegate this review to a county board of adjustment. If the board of supervisors elects to delegate this review, the board of supervisors shall delegate all requested reviews to the board of adjustment. The board of supervisors shall adopt written rules of procedure for the hearing and review of hearings, which shall be adopted in the same manner as zoning ordinances. Judicial review of the final decisions of the board of supervisors or a board of adjustment shall be pursuant to title 12, chapter 7, article 6. A county that establishes civil penalties for a violation of a zoning regulation or ordinance is not precluded from pursuing the remedies as provided for prescribed in subsection H i of this section. H. i. If any building or structure is or is proposed to be erected, constructed, reconstructed, altered, maintained or used or any land is or is proposed to be used in violation of this chapter or any ordinance, regulation or provision enacted or adopted by the board under the authority granted by this chapter, the board, the county attorney, the inspector or any adjacent or neighboring property owner who is specially damaged by the violation, in addition to the other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action or proceedings to prevent, abate or remove the unlawful erection, construction, reconstruction, alteration, maintenance or use. j. For the purposes of this section, "impracticable" includes service of a notice outside of the boundaries of the county or in situations in which the hearing officer reasonably determines that personal service on the alleged violator would jeopardize the safety of the inspector or other persons authorized to perform personal service by the Arizona rules of civil procedure. END_STATUTE |
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| 113 | | - | D. E. The board may employ and pay on a fee basis persons, including full-time employees of a state institution, bureau or department, to prepare and grade examinations given to applicants for registration or review an applicant's submissions of required documents for home inspector certification and regulation and may fix the fee to be paid for these services. These employees are authorized to prepare, grade and monitor examinations, review an applicant's submissions of required documents for home inspector certification and regulation and perform other services the board authorizes, and to receive payment for these services from the technical registration fund. The board may contract with an organization to administer the registration examination, including selecting the test site, scheduling the examination, billing and collecting the fee directly from the applicant and grading the examination if a national council of which the board is a member or a professional association approved by the board does not provide these services. If a national council of which the board is a member or a professional association approved by the board does provide these services, the board shall enter into an agreement with the national council or professional association to administer the registration examination. |
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| 114 | | - | |
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| 115 | | - | E. F. The board may rent necessary office space and pay the cost of this office space from the technical registration fund. |
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| 116 | | - | |
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| 117 | | - | F. G. The board may adopt rules establishing rules of professional conduct for registrants relating to the review of drawings, plans or design specifications by any of the following: |
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| 118 | | - | |
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| 119 | | - | 1. an architect. |
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| 120 | | - | |
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| 121 | | - | 2. a geologist. |
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| 122 | | - | |
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| 123 | | - | 3. a landscape architect. |
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| 124 | | - | |
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| 125 | | - | 4. a professional ENGINEER. |
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| 126 | | - | |
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| 127 | | - | 5. a land surveyor. |
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| 128 | | - | |
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| 129 | | - | G. H. The board may require evidence it deems necessary to establish the continuing competency of registrants as a condition of renewal of licenses. |
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| 130 | | - | |
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| 131 | | - | H. I. Subject to title 41, chapter 4, article 4, the board may employ persons as it deems necessary. |
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| 132 | | - | |
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| 133 | | - | I. J. The board shall issue or may authorize the executive director to issue a certificate or renewal certificate to each alarm business and each controlling person and a certification or renewal certification card to each alarm agent if the qualifications prescribed by this chapter are met. END_STATUTE |
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| 134 | | - | |
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| 135 | | - | Sec. 2. Repeal |
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| 136 | | - | |
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| 137 | | - | Section 32-111, Arizona Revised Statutes, is repealed. |
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| 138 | | - | |
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| 139 | | - | Sec. 3. Section 32-122.02, Arizona Revised Statutes, is amended to read: |
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| 140 | | - | |
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| 141 | | - | START_STATUTE32-122.02. Certification of home inspectors; insurance |
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| 142 | | - | |
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| 143 | | - | A. An applicant for certification as a home inspector shall: |
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| 144 | | - | |
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| 145 | | - | 1. Be at least eighteen years of age. |
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| 146 | | - | |
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| 147 | | - | 2. Have passed within two years preceding application a written examination that is approved by the board and that meets the competency standards recommended by the home inspector rules and standards committee and adopted by the board. |
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| 148 | | - | |
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| 149 | | - | 3. Have passed a course of study that meets the standards recommended by the home inspector rules and standards committee and approved by the board. |
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| 150 | | - | |
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| 151 | | - | 4. Pay a fee as determined by the board and for initial certification shall provide to the board evidence of having a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1. |
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| 152 | | - | |
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| 153 | | - | 5. Not have had a certificate denied or revoked pursuant to this chapter within one year immediately preceding the application. |
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| 154 | | - | |
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| 155 | | - | 6. Have received an absolute discharge from sentence at least five years before the application if the person has been convicted of one or more felonies. |
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| 156 | | - | |
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| 157 | | - | 7. Provide evidence of the applicant's ability to obtain financial assurance as provided by subsection B of this section. |
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| 158 | | - | |
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| 159 | | - | B. Within sixty days after certification and before any fee-based home inspection is performed, a home inspector certified pursuant to this chapter shall file one of the following financial assurances pursuant to rules recommended by the home inspector rules and standards committee and adopted by the board: |
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| 160 | | - | |
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| 161 | | - | 1. Errors and omissions insurance for negligent acts committed in the course of a home inspection in an amount of $200,000 in the aggregate and $100,000 per occurrence. |
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| 162 | | - | |
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| 163 | | - | 2. A bond that is retroactive to the certification date in the amount of $25,000 or proof that minimum net assets have a value of at least $25,000. |
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| 164 | | - | |
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| 165 | | - | C. If a home inspector loses or otherwise fails to maintain a required financial assurance, the certification shall be automatically suspended and shall be reinstated if a financial assurance is obtained within ninety days. If a financial assurance is not obtained within ninety days, the certification shall be automatically revoked. |
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| 166 | | - | |
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| 167 | | - | D. A home inspector is subject to this chapter and rules adopted pursuant to this chapter. |
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| 168 | | - | |
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| 169 | | - | E. Except as provided in subsection A, paragraph 4 of this section, the board may not require the submission of a fingerprint clearance card for certification renewal or any other purpose. END_STATUTE |
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| 170 | | - | |
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| 171 | | - | Sec. 4. Section 32-128, Arizona Revised Statutes, is amended to read: |
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| 172 | | - | |
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| 173 | | - | START_STATUTE32-128. Disciplinary action; letter of concern; judicial review |
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| 174 | | - | |
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| 175 | | - | A. The board may take the following disciplinary actions, in combination or alternatively, that are related to the review of drawings, plans or design specifications by an architect, geologist, landscape architect, professional ENGINEER or land surveyor: |
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| 176 | | - | |
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| 177 | | - | 1. Revocation of a certification or registration. |
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| 178 | | - | |
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| 179 | | - | 2. Suspension of a certification or registration for a period of not more than three years. |
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| 180 | | - | |
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| 181 | | - | 3. Imposition of an administrative penalty of not more than two thousand dollars $2,000 for each violation of this chapter or rules adopted pursuant to this chapter. |
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| 182 | | - | |
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| 183 | | - | 4. Imposition of restrictions on the scope of the registrant's practice. |
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| 184 | | - | |
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| 185 | | - | 5. Imposition of peer review and professional education requirements. |
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| 186 | | - | |
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| 187 | | - | 6. Imposition of probation requirements that are best adapted to protect the public safety, health and welfare and that may include a requirement for restitution payments to professional services clients or to other persons suffering economic loss resulting from violations of this chapter or rules adopted pursuant to this chapter. |
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| 188 | | - | |
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| 189 | | - | 7. Issuance of a letter of reprimand informing a person regulated under this chapter of a violation of this chapter or rules adopted by the board. |
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| 190 | | - | |
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| 191 | | - | B. The board may issue a letter of concern if the board believes there is insufficient evidence to support disciplinary action against the registrant or home inspector but sufficient evidence for the board to notify the registrant or home inspector of the board's concern. A letter of concern is a public document. |
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| 192 | | - | |
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| 193 | | - | C. The board may take disciplinary action against the holder of a certificate or registration under this chapter who is charged with the commission of any of the following acts: |
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| 194 | | - | |
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| 195 | | - | 1. Fraud or misrepresentation in obtaining a certificate of qualification, whether in the application or qualification examination. |
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| 196 | | - | |
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| 197 | | - | 2. Gross negligence, incompetence, bribery or other misconduct in the practice of the profession relating to the review of drawings, plans or design specifications by any of the following: |
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| 198 | | - | |
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| 199 | | - | (a) an architect. |
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| 200 | | - | |
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| 201 | | - | (b) a geologist. |
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| 202 | | - | |
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| 203 | | - | (c) a landscape architect. |
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| 204 | | - | |
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| 205 | | - | (d) a professional ENGINEER. |
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| 206 | | - | |
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| 207 | | - | (e) a land surveyor. |
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| 208 | | - | |
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| 209 | | - | 3. Aiding or abetting an unregistered or uncertified person to evade this chapter or knowingly combining or conspiring with an unregistered or uncertified person, or allowing one's registration or certification to be used by an unregistered or uncertified person or acting as agent, partner, associate or otherwise of an unregistered or uncertified person, with intent to evade this chapter. |
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| 210 | | - | |
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| 211 | | - | 4. Violation of this chapter or board rules. |
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| 212 | | - | |
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| 213 | | - | 5. Failing to pay a collaborating registered professional within seven calendar days after the registrant receives payment from a client unless specified otherwise contractually between the prime professional and the collaborating registered professional. For the purposes of this paragraph, "collaborating registered professional" means a registered professional with whom the prime professional has a contract to perform professional services. |
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| 214 | | - | |
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| 215 | | - | D. The board may make investigations, employ investigators and expert witnesses, appoint members of advisory committees and conduct hearings to determine whether a disciplinary action should be taken against the holder of a certificate or registration under this chapter. |
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| 216 | | - | |
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| 217 | | - | E. An investigation may be initiated on receipt of an oral or written complaint. The board, on its own motion, may direct the executive director to file a verified complaint charging a person with a violation of this chapter or board rules and shall give notice of the hearing pursuant to title 41, chapter 6, article 10. The executive director shall then serve on the accused, by either personal service or certified mail, a copy of the complaint together with notice setting forth the charge or charges to be heard and the time and place of the hearing, which shall not be less than thirty days after the service or mailing of notice. |
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| 218 | | - | |
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| 219 | | - | F. A person who has been notified of charges pending against the person shall file with the board an answer in writing to the charges not more than thirty days after service of the complaint and notice of hearing. If a person fails to answer in writing, it is deemed an admission by the person of the act or acts charged in the complaint and notice of hearing. The board may then take disciplinary action pursuant to this chapter without a hearing. |
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| 220 | | - | |
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| 221 | | - | G. A disciplinary action may be informally settled by the board and the accused either before or after initiation of hearing proceedings. |
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| 222 | | - | |
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| 223 | | - | H. On its determination that any person has violated this chapter or a rule adopted pursuant to this chapter, the board may assess the person with its reasonable costs and expenses, including attorney fees, incurred in conducting the investigation and administrative hearing. All monies collected pursuant to this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the technical registration fund established by section 32-109 and shall only be used by the board to defray its expenses in connection with investigation related training, disciplinary investigations and hearings. Notwithstanding section 35-143.01, these monies may be spent without legislative appropriation. |
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| 224 | | - | |
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| 225 | | - | I. The board shall immediately notify the clerk of the board of supervisors of each county in the state of the suspension or revocation of a certificate or of the reissuance of a suspended or revoked certificate. |
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| 226 | | - | |
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| 227 | | - | J. Except as provided in section 41-1092.08, subsection H, final decisions of the board are subject to judicial review pursuant to title 12, chapter 7, article 6. END_STATUTE |
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| 228 | | - | |
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| 229 | | - | Sec. 5. Title 41, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 41-710.03, to read: |
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| 230 | | - | |
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| 231 | | - | START_STATUTE41-710.03. Department prohibitions; public monies and resources; violation; payment |
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| 232 | | - | |
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| 233 | | - | Notwithstanding any other law, the department may not spend public monies or use public resources on anything that is prohibited by section 41-1494. If the department violates this section, the department shall pay to the aggrieved employee an amount equal to the public monies that were spent or the value of the public resources that were used. END_STATUTE |
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| 234 | | - | |
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| 235 | | - | Sec. 6. Title 41, chapter 4, article 6, Arizona Revised Statutes, is amended by adding section 41-784, to read: |
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| 236 | | - | |
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| 237 | | - | START_STATUTE41-784. State personnel board prohibitions; public monies and resources; violation; payment |
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| 238 | | - | |
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| 239 | | - | Notwithstanding any other law, the state personnel board may not spend public monies or use public resources on anything that is prohibited by section 41-1494. If the board violates this section, the board shall pay to the aggrieved employee an amount equal to the public monies that were spent or the value of the public resources that were used. END_STATUTE |
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| 240 | | - | |
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| 241 | | - | Sec. 7. Title 41, chapter 15, article 1, Arizona Revised Statutes, is amended by adding section 41-2055, to read: |
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| 242 | | - | |
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| 243 | | - | START_STATUTE41-2055. Governor's office on tribal relations prohibitions; public monies and resources; violation; payment |
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| 244 | | - | |
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| 245 | | - | Notwithstanding any other law, the governor's office on tribal relations may not spend public monies or use public resources on anything that is prohibited by section 41-1494. If the office violates this section, the office shall pay to the aggrieved employee an amount equal to the public monies that were spent or the value of the public resources that were used. END_STATUTE |
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| 246 | | - | |
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| 247 | | - | Sec. 8. Repeal |
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| 248 | | - | |
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| 249 | | - | Sections 41-3024.08, 41-3024.09, 41-3024.10, 41-3024.11, 41-3024.14, 41-3024.18, 41-3024.19 and 41-3024.23, Arizona Revised Statutes, are repealed. |
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| 250 | | - | |
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| 251 | | - | Sec. 9. Title 41, chapter 27, article 2, Arizona Revised Statutes, is amended by adding sections 41-3026.13, 41-3026.14, 41-3026.15, 41-3026.16, 41-3026.17, 41-3026.18, 41-3026.19 and 41-3026.20, to read: |
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| 252 | | - | |
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| 253 | | - | START_STATUTE41-3026.13. Arizona historical society; termination July 1, 2026 |
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| 254 | | - | |
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| 255 | | - | A. The Arizona historical society terminates on July 1, 2026. |
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| 256 | | - | |
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| 257 | | - | B. Title 41, chapter 4.1, article 1 and this section are repealed on January 1, 2027. END_STATUTE |
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| 258 | | - | |
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| 259 | | - | START_STATUTE41-3026.14. Prescott historical society of Arizona; termination July 1, 2026 |
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| 260 | | - | |
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| 261 | | - | A. The Prescott historical society of Arizona terminates on July 1, 2026. |
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| 262 | | - | |
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| 263 | | - | B. Title 41, chapter 4.1, article 2 and this section are repealed on January 1, 2027. END_STATUTE |
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| 264 | | - | |
|---|
| 265 | | - | START_STATUTE41-3026.15. State personnel board; termination July 1, 2026 |
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| 266 | | - | |
|---|
| 267 | | - | A. The state personnel board terminates on July 1, 2026. |
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| 268 | | - | |
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| 269 | | - | B. Title 41, chapter 4, article 6 and this section are repealed on January 1, 2027. END_STATUTE |
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| 270 | | - | |
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| 271 | | - | START_STATUTE41-3026.16. Board of technical registration; termination July 1, 2026 |
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| 272 | | - | |
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| 273 | | - | A. The board of technical registration terminates on July 1, 2026. |
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| 274 | | - | |
|---|
| 275 | | - | B. Title 32, chapter 1 and this section are repealed on January 1, 2027. END_STATUTE |
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| 276 | | - | |
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| 277 | | - | START_STATUTE41-3026.17. Department of administration; termination July 1, 2026 |
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| 278 | | - | |
|---|
| 279 | | - | A. The department of administration terminates on July 1, 2026. |
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| 280 | | - | |
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| 281 | | - | B. Title 41, chapter 4, articles 1, 2, 3, 4, 5 and 7, title 18, chapter 1 and this section are repealed on January 1, 2027. END_STATUTE |
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| 282 | | - | |
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| 283 | | - | START_STATUTE41-3026.18. Boiler advisory board; termination July 1, 2026 |
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| 284 | | - | |
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| 285 | | - | A. The boiler advisory board terminates on July 1, 2026. |
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| 286 | | - | |
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| 287 | | - | B. Section 23-486 and this section are repealed on January 1, 2027. END_STATUTE |
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| 288 | | - | |
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| 289 | | - | START_STATUTE41-3026.19. Occupational safety and health review board; termination July 1, 2026 |
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| 290 | | - | |
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| 291 | | - | A. The occupational safety and health review board terminates on July 1, 2026. |
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| 292 | | - | |
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| 293 | | - | B. Sections 23-422 and 23-423 and this section are repealed on January 1, 2027. END_STATUTE |
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| 294 | | - | |
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| 295 | | - | START_STATUTE41-3026.20. Governor's office on tribal relations; termination July 1, 2026 |
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| 296 | | - | |
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| 297 | | - | A. The governor's office on tribal relations terminates on July 1, 2026. |
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| 298 | | - | |
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| 299 | | - | B. Title 41, chapter 15 and this section are repealed on January 1, 2027. END_STATUTE |
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| 300 | | - | |
|---|
| 301 | | - | Sec. 10. Purpose |
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| 302 | | - | |
|---|
| 303 | | - | Pursuant to section 41-2955, subsection B, Arizona Revised Statutes, the legislature continues the Arizona historical society to purchase, receive, hold, lease and sell property for the benefit of this state and the use of the society. |
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| 304 | | - | |
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| 305 | | - | Sec. 11. Purpose |
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| 306 | | - | |
|---|
| 307 | | - | Pursuant to section 41-2955, subsection B, Arizona Revised Statutes, the legislature continues the Prescott historical society of Arizona in order to purchase, receive, hold, lease and sell property for the benefit of this state and the use of the society. |
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| 308 | | - | |
|---|
| 309 | | - | Sec. 12. Purpose |
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| 310 | | - | |
|---|
| 311 | | - | Pursuant to section 41-2955, subsection B, Arizona Revised Statutes, the legislature continues the state personnel board to hear and review appeals relating to personnel actions taken against state employees and dismissals from state service, suspensions for more than forty hours and demotions resulting from disciplinary actions. |
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| 312 | | - | |
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| 313 | | - | Sec. 13. Purpose |
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| 314 | | - | |
|---|
| 315 | | - | Pursuant to section 41-2955, subsection B, Arizona Revised Statutes, the legislature continues the board of technical registration to protect the public safety and welfare by regulating architects, engineers, geologists, home inspectors, alarm agents, landscape architects and land surveyors. |
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| 316 | | - | |
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| 317 | | - | Sec. 14. Purpose |
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| 318 | | - | |
|---|
| 319 | | - | Pursuant to section 41-2955, subsection B, Arizona Revised Statutes, the legislature continues the department of administration in order to provide services to state government in the following areas: |
|---|
| 320 | | - | |
|---|
| 321 | | - | 1. Automation. |
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| 322 | | - | |
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| 323 | | - | 2. Finance. |
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| 324 | | - | |
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| 325 | | - | 3. Personnel administration. |
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| 326 | | - | |
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| 327 | | - | 4. Public buildings maintenance. |
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| 328 | | - | |
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| 329 | | - | 5. Surplus property. |
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| 330 | | - | |
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| 331 | | - | 6. Risk management. |
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| 332 | | - | |
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| 333 | | - | Sec. 15. Purpose |
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| 334 | | - | |
|---|
| 335 | | - | Pursuant to section 41-2955, subsection B, Arizona Revised Statutes, the legislature continues the boiler advisory board to assist the division of occupational safety and health in drafting standards and rules for boilers and water heaters. |
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| 336 | | - | |
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| 337 | | - | Sec. 16. Purpose |
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| 338 | | - | |
|---|
| 339 | | - | Pursuant to section 41-2955, subsection B, Arizona Revised Statutes, the legislature continues the occupational safety and health review board to hear administrative appeals regarding industrial commission of Arizona matters. |
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| 340 | | - | |
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| 341 | | - | Sec. 17. Purpose |
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| 342 | | - | |
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| 343 | | - | Pursuant to section 41-2955, subsection B, Arizona Revised Statutes, the legislature continues the governor's office on tribal relations in order to assist and support tribal nations and communities in this state and to enhance government to government relations between the twenty-two tribal nations within the boundaries of this state. |
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| 344 | | - | |
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| 345 | | - | Sec. 18. Sunset termination; review; committees of reference |
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| 346 | | - | |
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| 347 | | - | Notwithstanding section 41-2953, Arizona Revised Statutes, the joint legislative audit committee shall direct the committees of reference to conduct the sunset review for the next sunset termination schedule that includes all of the following: |
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| 348 | | - | |
|---|
| 349 | | - | 1. The Arizona historical society. |
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| 350 | | - | |
|---|
| 351 | | - | 2. The Prescott historical society of Arizona. |
|---|
| 352 | | - | |
|---|
| 353 | | - | 3. The state personnel board. |
|---|
| 354 | | - | |
|---|
| 355 | | - | 4. The board of technical registration. |
|---|
| 356 | | - | |
|---|
| 357 | | - | 5. The department of administration. |
|---|
| 358 | | - | |
|---|
| 359 | | - | 6. The boiler advisory board. |
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| 360 | | - | |
|---|
| 361 | | - | 7. The occupational safety and health review board. |
|---|
| 362 | | - | |
|---|
| 363 | | - | 8. The governor's office on tribal relations. |
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| 364 | | - | |
|---|
| 365 | | - | Sec. 19. Retroactivity |
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| 366 | | - | |
|---|
| 367 | | - | Sections 8 and 9 of this act apply retroactively to from and after July 1, 2024. |
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| 111 | + | j. For the purposes of this section, "impracticable" includes service of a notice outside of the boundaries of the county or in situations in which the hearing officer reasonably determines that personal service on the alleged violator would jeopardize the safety of the inspector or other persons authorized to perform personal service by the Arizona rules of civil procedure. END_STATUTE |
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