The definitions in A.R.S. §§ 32-3601, 32-3651, and 32-3661 apply to this Chapter. Additionally, unless the context otherwise requires, in this Chapter:
"Accredited" means approved by an accrediting agency recognized by the Council for Higher Education Accreditation or the U.S. Secretary of Education.
"Administrative law judge" has the meaning stated at A.R.S. § 41-1092(1).
"AMC" means appraisal management company as defined at A.R.S. § 32-3661.
"Appealable agency action" has the meaning stated at A.R.S. § 41-1092(3).
"Appraisal practice" means valuation services performed by an individual acting as an appraiser, including but not limited to an appraisal or appraisal review.
"Appraiser" means an individual, other than a property tax agent as defined at A.R.S. § 32-3651, registered, licensed, or certified by the Department to complete valuation assignments regarding real estate competently in a manner that is independent, impartial, and objective.
"AQB" means the Appraisal Qualifications Board as defined at A.R.S. § 32-3601.
"Assignment" means the valuation service that an appraiser provides as a consequence of an agreement between the appraiser and a client.
"Classroom education" means appraisal education delivered in a setting where there is no geographical separation between the instructor and student.
"Complaint" means a written allegation against a party.
"Conditional dismissal" means an agreement which allows the Director to dismiss the complaint upon the respondent's completion of a Department specified continuing education course.
"Contested case" has the meaning stated at A.R.S. § 41-1001(6).
"Conviction" means a judgment by any state or federal court of competent jurisdiction in a criminal case, regardless of whether an appeal is pending or could be taken, and includes any judgment or order based on a plea of no contest.
"Course owner" means a person or a combination of persons that own the proprietary rights to a course. A course owner may have developed the course or may have purchased the proprietary rights to the course.
"Department" has the meaning stated at A.R.S. § 6-101(5).
"Director" has the meaning stated at A.R.S. § 6-101(7).
"Disciplinary action" means any regulatory sanction imposed by the Director, other than remedial action imposed through a letter of remedial action, and may include corrective education, a civil money penalty, restriction on the nature and scope of the respondent's practice, monitoring, probation, mentorship, suspension, revocation, or an acceptance of surrender of a license or certificate or a combination of the above.
"Distance education" means appraisal education delivered in a setting in which the learner and instructor are geographically separated.
"Federally Regulated Appraisal Management Company" has the meaning stated at A.R.S. § 32-3661(9).
"Investigation" means a fact-finding process and review that is initiated when the Department receives a complaint.
"Investigator" means an individual who is a Department employee or operates under a contract with the Department to carry out investigations of alleged violations.
"Jurisdictional criteria" means the statutory standards of A.R.S. §§ 6-123, 6-124, and A.R.S. Title 32, Chapter 36, used by the Department to determine whether a complaint falls within its jurisdiction.
"Letter of concern" means a non-disciplinary advisory letter to notify a respondent that the finding of the Director does not warrant disciplinary action, but is nonetheless cause for concern and that its continuation may result in disciplinary action.
"Letter of remedial action" means a non-disciplinary letter that requires a respondent to take remedial action when any minor violation of A.R.S. Title 32, Chapter 36 or this Chapter is found.
"Mentor" means a certified appraiser authorized by the Department to supervise the work product of an appraiser who is subject to disciplinary action by the Director.
"Party" means each person or agency named or admitted as a party or properly seeking and entitled to participate in any proceeding.
"Person" means a natural person or any legal or commercial entity including a corporation, business trust, estate, trust, partnership, limited partnership, joint venture, association, limited liability company, limited liability partnership, or limited liability limited partnership.
"Probation" means a term of oversight by the Department, imposed upon a respondent as part of a disciplinary action, which may include submission of logs, working under the supervision of a mentor, or other conditions intended to protect the public and educate the respondent.
"Property Tax Agent" has the meaning stated at A.R.S. § 32-3651(3).
"Remedial action" means any corrective remedy that is designed to assist the respondent in improving the respondent's professional practice.
"Respondent" means an appraiser, course owner, property tax agent, or appraisal management company against whom a complaint has been filed or any other party responding to an investigation, an action, a motion or a proceeding before the Director.
"Secondary provider" means a person that purchases or otherwise lawfully acquires the right to provide a course independently of the course owner that retains proprietary rights to the course.
"USPAP" means the Uniform Standards of Professional Appraisal Practice, issued and updated by The Appraisal Foundation and made state law under A.R.S. § 32-3610.
"Work file" means the documentation necessary to support the analysis, opinions, and conclusions of an appraisal assignment or tax appeal.
Ariz. Admin. Code § R4-46-101