2005 Arizona Revised Statutes - Revised Statutes §32-2108.01  Fingerprinting license applicants; requirements; fees; definition

A. Before receiving and holding a license issued pursuant to this chapter, each license applicant shall submit a full set of fingerprints and the fees required in section 41-1750 to enable the state real estate department to conduct a criminal background investigation to determine the suitability for licensure of the applicant. The state real estate department shall submit completed applicant fingerprint cards and the fees to the department of public safety. The department of public safety shall conduct applicant criminal history records checks pursuant to section 41-1750, Public Law 92-544 and any other applicable federal laws. The department of public safety, on behalf of the state real estate department, may exchange license applicant fingerprint card information with the federal bureau of investigation for national criminal history records checks.

B. The fees the department collects under subsection A of this section shall be credited pursuant to section 35-148.

C. The license applicant is responsible for providing the department with a readable fingerprint card. The license applicant shall pay any costs attributable to refingerprinting the license applicant due to unreadable prints and any fees required for the resubmission of fingerprints.

D. The department may issue a license to an original license applicant before receiving the results of a criminal history records check pursuant to this section if there is no evidence or reasonable suspicion that the applicant has a criminal history background. However, the department shall suspend the license if a fingerprint card is returned as unreadable and an applicant who was issued a license fails to submit a new fingerprint card within ten days after being notified by the department.

E. This section does not affect the department's authority to otherwise issue, deny, cancel, terminate, suspend or revoke a license.

F. For 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, 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.