Section R4-28-101. Definitions

In addition to the definitions listed in A.R.S. § 32-2101 the follow- ing terms apply to this Chapter:

“Active license” or “active status license” means a cur- rent license issued by the Department to a broker or sales- person that states the name of the broker that employs the broker or salesperson and the location at which the sales- person or broker is employed. If referring to an employ- ing broker, it means a currently licensed employing broker with a currently licensed designated broker of record.

“ADEQ” means the Arizona Department of Environmen- tal Quality.

“ADWR” means the Arizona Department of Water Resources.

“Closing” means the final step of a real estate transaction, such as when the consideration is paid, all documents relating to the transaction are executed and recorded, or the deed is delivered or placed in escrow.

“Credit hour” means 50 minutes of instruction. “Course” means a class, seminar, or presentation.

“D.b.a.” means ‘doing business as’ and is a name, other than a person’s legal name, authorized by the Department for a licensee’s use in conducting business.

“Distance learning course” means a course of instruction outside a traditional classroom situation consisting of computer-based interactive instructional material, requir- ing completion in the credit hours specified. A course that

requires a student to read text, listen to audio tapes, or view video material without student participation, feed- back, and remedial instruction is not a distance learning course.

“Immediate family” means persons related to an individ- ual by blood, marriage, or adoption, including spouse, siblings, parents, grandparents, children, and grandchil- dren.

“Individual” means a natural person.

“Material change” means any significant change in the size or character of the development, development plan, or interest being offered, or a change that has a significant effect on the rights, duties, or obligations of the developer or purchaser, or use and enjoyment of the property by the purchaser.

“Non-resident license” means a license authorized under the provisions of 32-2122(A) issued to a person who has been domiciled in this state for less than one year and who does not meet any of the following:

Has an Arizona driver’s license;

Has an Arizona motor vehicle registration; Has been employed in Arizona;

Has an Arizona voter registration;

Has transferred banking services to Arizona;

Has changed permanent address on all pertinent records;

Is a domestic corporation or limited liability com- pany;

Has filed an Arizona income tax return with the Department of Revenue during the previous or cur- rent tax year; or

Has received benefits from any Arizona public ser- vice department or agency, such as welfare, food stamps, unemployment benefits, or worker’s com- pensation.

“Property interest” means a person’s ownership or control of a lot, parcel, unit, share, use in a development, includ- ing any right in a subdivided or unsubdivided land, a cemetery plot, a condominium, a time-share interval, a membership camping contract, or a stock cooperative.

Historical Note

Former Section R4-28-01 repealed, new Section R4-28- 01 adopted effective May 1, 1980 (Supp. 80-3). Amended

effective August 1, 1986 (Supp. 86-4). Former Section R4-28-01 renumbered without change as Section R4-28- 101 (Supp. 87-1). Former Section R4-28-101 renumbered to R4-28-102, new Section R4-28-101 adopted by final rulemaking at 5 A.A.R. 650, effective February 3, 1999 (Supp. 99-1). Amended by final rulemaking at 6 A.A.R. 1886, effective May 2, 2000 (Supp. 00-2). Amended by

final rulemaking at 8 A.A.R. 3640, effective August 6,

2002 (Supp. 02-3). Amended by final rulemaking at 11

A.A.R. 506, effective March 5, 2005 (Supp. 05-1).