Ariz. Admin. Code § 12-4-509

Current through Register Vol. 30, No. 45, November 8, 2024

Section R12-4-509 - Watercraft Dealers; Agents

A. The Department may authorize a watercraft dealer to act as an agent on behalf of the Department for the purpose of issuing temporary certificates of number valid for 45 days for new or used watercraft, provided:

1. The applicant's previous authority to act as a watercraft agent under A.R.S. § 5-321(I) has not been canceled by the Department within the preceding 24 months, and

2. The applicant is a business located and operating within this state and sells watercraft.

B. An applicant seeking watercraft agent authorization shall submit an application to the Department. The application is furnished by the Department and available at the Arizona Game and Fish Department, 5000 W. Carefree Highway, Phoenix, AZ 85086. The applicant shall provide the following information on the application:

1. Principal business or corporation name, address, and telephone number or if not a corporation, the full name, address, and telephone number of all owners or partners;

2. Name, address, and telephone number of the owner or manager responsible for compliance with this Section;

3. Whether the applicant has previously issued temporary certificates of number under A.R.S. § 5-321(I);

4. All of the following information specific to the location from which new watercraft are to be sold and temporary certificates of number issued:

a. Name of owner or manager;

b. Business hours;

c. Business telephone number;

d. Business type;

e. Storefront name; and

f. Street address;

5. Manufacturers of the watercraft to be sold; and

6. Signature of person named under subsection (B)(2).

C. The Department shall either approve or deny the application within the licensing time-frame established under R12-4-106.

D. Authorization to act as a watercraft agent is specific to the dealer's business location designated on the application and approved by the Department, unless the dealer is participating in a boat show for the purpose of selling watercraft.

E. The watercraft agent shall:

1. Use the assigned watercraft agent number when issuing a temporary certificate of number,

2. Use the online application system and forms supplied by the Department; and

3. Collect the appropriate fee as prescribed under R12-4-504 and R12-4-527.

F. A watercraft agent is prohibited from issuing a temporary certificate of number for a watercraft when:

1. The watercraft is involved in legal proceedings such as, but not limited to, a marital dissolution, probate, or bankruptcy proceeding;

2. The watercraft is abandoned or unreleased;

3. The watercraft is homemade; or

4. The watercraft has a nonconforming HIN.

G. A watercraft agent issuing a temporary certificate of number to the purchaser of a watercraft shall comply with all the following:

1. The watercraft agent shall obtain a completed application that complies with the requirements established under R12-4-502.

2. The watercraft agent shall identify to the applicant the state registration fee and the nonresident boating safety infrastructure fee, when applicable, separately from any other costs.

3. The fees collected under subsection (E)(3) shall be submitted electronically to the Department prior to the submission of the documentation required under subsection (G)(4).

4. Within five business days of issuing a temporary certificate of number, a watercraft agent shall deliver or mail the following documentation to the Arizona Game and Fish Department, Watercraft Agent Representative, 5000 W. Carefree Highway, Phoenix, AZ 85086:

a. For a new watercraft:

i. Original application;

ii. Original or copy of the bill of sale issued by the watercraft agent; and

iii. Original certificate of origin;

b. For a used watercraft:

i. Original application;

ii. Original or copy of the bill of sale issued by the watercraft agent;

iii. Ownership document, such as but not limited to a title, bill of sale, letter of gift or U.S. Coast Guard Certificate of documentation or letter of deletion issued by the U.S. Coast Guard; and

iv. Lien release, when applicable.

H. The Department may cancel the watercraft agent's authorization if the agent does any one of the following:

1. Fails to comply with the requirements established under this Article;

2. Submits more than one electronic payment dishonored because of insufficient funds, payments stopped, or closed accounts to the Department within a calendar year;

3. Predates, postdates, alters, or provides or knowingly allows false information to be provided on an application for a temporary certificate of number; or

4. Falsifies the application for authorization as a watercraft agent.

I. The Department shall provide a written notice to the person stating the reason for the denial or cancellation of watercraft agent status, as applicable. The person may appeal the denial or cancellation to the Commission as prescribed under A.R.S. Title 41, Chapter 6, Article 10.

Ariz. Admin. Code § R12-4-509

Adopted effective May 27, 1992 (Supp. 92-2). Amended by final rulemaking at 9 A.A.R. 1613, effective July 5, 2003 (Supp. 03-2). Amended by final rulemaking at 13 A.A.R. 4511, effective February 2, 2008 (Supp. 07-4). Amended by final rulemaking at 19 A.A.R. 597, effective July 1, 2013 (Supp. 13-1). Amended by final rulemaking at 23 A.A.R. 1719, effective 8/5/2017. Amended by final rulemaking at 28 A.A.R. 3425, effective 12/5/2022.