Ariz. Admin. Code § 12-4-105

Current through Register Vol. 30, No. 41, October 11, 2024

Section R12-4-105 - License Dealer's License

A. For the purposes of this Section, unless the context otherwise requires:

"Dealer number" means the unique number assigned by the Department to a dealer outlet.

"Dealer outlet" means a specified location authorized to sell licenses under a license dealer's license.

"License" means any hunting or fishing license, permit, stamp, or tag that may be sold by a dealer or dealer outlet under this Section.

"License dealer" means a business licensed by the Department to sell licenses from one or more dealer outlets.

"License Dealer Portal" means the secure website provided by the Department for issuing licenses and permits and accessing a license dealer's account.

B. A person shall not sell or issue licenses without authorization from the Department. A license dealer's license authorizes a person to issue licenses on behalf of the Department. A person is eligible to apply for a license dealer's license, provided all of the following criteria are met:

1. The person's privilege to sell licenses for the Department has not been revoked or canceled under A.R.S. §§ 17-334, 17-338, or 17-339 within the two calendar years immediately preceding the date of application;

2. The person's credit record or assets assure the Department that the value of the licenses shall be adequately protected;

3. The person agrees to assume financial responsibility for licenses provided by the Department at the maximum value established under R12-4-102.

C. A person shall apply for a license dealer's license by submitting an application to any Department office. The application is furnished by the Department and is available at any Department office. A license dealer license applicant shall provide all of the following information on the application:

1. The principal business or corporation information:

a. Name,

b. Physical address, and

c. Telephone number;

d. If not a corporation, the applicant shall provide the information required under subsections (a), (b), and (c) for each owner;

2. The contact information for the person responsible for ensuring compliance with this Section:

a. Name,

b. Business address, and

c. Business telephone number;

3. Whether the applicant has previously sold licenses under A.R.S. § 17-334;

4. Whether the applicant is seeking renewal of an existing license dealer's license;

5. Credit references and a statement of assets and liabilities; and

6. Dealer outlet information:

a. Name,

b. Physical address,

c. Telephone number, and

d. Name of the person responsible for ensuring compliance with this Section at each dealer outlet.

D. A license dealer may request to add dealer outlets to the license dealer's license, at any time during the license year, by submitting the application form containing the information required under subsection (C) to the Department and paying the fee established under R12-4-102.

E. An applicant who is denied a license dealer's license under this Section may appeal to the Commission as provided under A.R.S. Title 41, Chapter 6, Article 10.

F. The Department shall:

1. Provide to the license dealer all licenses that the license dealer will make available to the public for sale,

2. Authorize the license dealer to use the dealer's own license stock, or

3. Authorize the license dealer to issue licenses and permits online via the Department's License Dealer Portal.

G. Upon receipt of licenses provided by the Department, the license dealer shall verify the licenses received are the licenses identified on the shipment inventory provided by the Department with the shipment.

1. Within five working days from receipt of shipment, the person performing the verification shall:

a. Clearly designate any discrepancies on the shipment inventory,

b. Sign and date the shipping inventory, and

c. Return the signed shipping inventory to the Department.

2. The Department shall verify any discrepancies identified by the license dealer and credit or debit the license dealer's inventory accordingly.

H. A license dealer shall maintain an inventory of licenses for sale to the public at each outlet.

I. A license dealer's license holder shall transmit to the Department all collected license or permit fees established under R12-4-102.

1. A license dealer's license holder may collect and retain a reasonable and commensurate fee for its services.

2. Each license dealer's license holder shall identify to the public the Department's license fees separately from any other costs.

J. A license dealer may request additional licenses in writing or verbally.

1. The request shall include:

a. The name of the license dealer,

b. The assigned dealer number,

c. A list of the licenses needed, and

d. The name of the person making the request.

2. Within 10 calendar days from receipt of a request, the Department shall provide the licenses requested, unless:

a. The license dealer failed to acknowledge licenses previously provided to the license dealer, as required under subsection (G);

b. The license dealer failed to transmit license fees, as required under subsection (J); or

c. The license dealer is not in compliance with this Section and all applicable statutes and rules.

K. A license dealer shall transmit to the Department all license fees collected by the tenth day of each month, prescribed under A.R.S. § 17-338(A). Failure to comply with the requirements of this subsection shall result in the cancellation of the license dealer's license, as authorized under A.R.S. § 17-338(A).

L. A license dealer shall submit a monthly report to the Department by the tenth day of each month, as prescribed under A.R.S. § 17-339.

1. The monthly report form is furnished by the Department.

2. A monthly report is required regardless of whether or not activities were performed.

3. Failure to submit the monthly report in compliance with this subsection shall be cause to cancel the license dealer's license.

4. The license dealer shall include in the monthly report all of the following information for each outlet:

a. Name of the dealer;

b. The assigned dealer number;

c. Reporting period;

d. Number of sales and dollar amount of sales for reporting period, by type of license sold;

e. Debit and credit adjustments for previous reporting periods, if any;

f. Number of affidavits received for which a duplicate license was issued under R12-4-103;

g. List of lost or missing licenses; and

h. Printed name and signature of the preparer.

5. In addition to the information required under subsection (L), the license dealer shall also provide the affidavit for each duplicate license issued by the dealer during the reporting period.

a. The affidavit is furnished by the Department and is included in the license book.

b. A license dealer who fails to submit the affidavit for a duplicate license issued by the license dealer shall remit to the Department the actual cash value of the original license replaced.

L. The Department shall provide written notice of suspension and demand the return of all inventory within five calendar days from any license dealer who:

1. Fails to transmit monies due the Department under A.R.S. §§ 17-338 by the deadline established under subsection (J);

2. Issues to the Department more than one check with insufficient funds during a calendar year; or

3. Otherwise fails to comply with this Section and all applicable statutes and rules.

M. As prescribed under A.R.S. § 17-338, the actual cash value of licenses not returned to the Department is due and payable to the Department within 15 working days from the date the Department provides written notice to the license dealer. This includes, but is not limited to:

1. Licenses not returned upon termination of business by a license dealer; or

2. Licenses reported by a dealer outlet or discovered by the Department to be lost, missing, stolen, or destroyed for any reason.

N. In addition to those violations that may result in revocation, suspension, or cancellation of a license dealer's license as prescribed under A.R.S. §§ 17-334, 17-338, and 17-339, the Commission may revoke a license dealer's license if the license dealer or an employee of the license dealer is convicted of counseling, aiding, or attempting to aid any person in obtaining a fraudulent license.

Ariz. Admin. Code § R12-4-105

Amended effective June 7, 1976 (Supp. 77-3). Former Section R12-4-08 renumbered as Section R12-4-105 without change effective August 13, 1981 (Supp. 81-4). Former Section R12-4-105 repealed, new Section R12-4-105 adopted effective December 30, 1988 (Supp. 88-4). Correction, former Historical Note should read "Former Section R12-4-105 repealed, new Section R12-4-105adopted effective January 1, 1989, filed December 30, 1988" (Supp. 89-2). Amended effective March 1, 1991; filed February 28, 1991 (Supp. 91-1). Amended effective January 1, 1996; filed in the Office of the Secretary of State December 18, 1995 (Supp. 95-4). Amended by final rulemaking at 12 A.A.R. 291, effective March 11, 2006 (Supp. 06-1). Amended by final rulemaking at 21 A.A.R. 3025, effective 1/2/2016. Amended by final rulemaking at 27 A.A.R. 283, effective 7/1/2021.