Title 32 — Professions and Occupations

A. In this chapter, unless the context otherwise requires: 1. "Advertisement" means any written or oral publication, dissemination, solicitation or circulation that is intended to directly or indirectly induce any person to enter into an agreement for contracting services with a …

The legislature determines that the licensing of construction contractors is a proper state function. Cities, including charter cities, towns and counties shall not require licenses of any construction contractors licensed by statute prior to the effective date of this section.

For the purpose of license classification, the contracting business shall include: 1. General commercial building contracting, which is engaging in the contracting business in connection with any structure built, being built or to be built on commercial property for the support, …

The governor shall appoint a registrar of contractors pursuant to section 38-211. The registrar shall serve at the pleasure of the governor. The registrar is vested with all functions and duties relating to administration of this chapter. The registrar shall receive compensation …

A. The registrar, in addition to other duties and rights provided for in this chapter, shall: 1. Maintain an office in Phoenix and in such other cities and towns in the state as the registrar deems advisable and necessary. 2. Maintain a complete indexed record of all applications…

A. The registrar may adopt rules necessary to classify contractors in a manner consistent with established usage and procedure as found in the construction business, and may limit the field and scope of operations of a licensed contractor within any of the branches of the contrac…

In any investigation, proceeding or hearing he is empowered to institute, conduct or hold under this chapter, the registrar, a deputy registrar, an assistant, an administrative law judge or an investigator may administer oaths, certify to official acts, issue subpoenas for attend…

A. The registrar of contractors fund is established. The registrar of contractors shall administer the fund. The registrar shall deposit, pursuant to sections 35-146 and 35-147, eighty-five percent of all monies collected under this chapter in the registrar of contractors fund an…

(L24, Ch. 222, sec. 12. Eff. 7/1/28) A. The registrar of contractors fund is established. The registrar of contractors shall administer the fund. The registrar shall deposit, pursuant to sections 35-146 and 35-147, ninety percent of all monies collected under this chapter in the …

(L19, Ch. 140, sec. 1) A. This chapter does not apply to: 1. An authorized representative of the United States government, this state or any county, incorporated city or town, reclamation district, irrigation district or other municipality or political subdivision of this state. …

(L19, Ch. 145, sec. 5) A. This chapter does not apply to: 1. An authorized representative of the United States government, this state or any county, incorporated city or town, reclamation district, irrigation district or other municipality or political subdivision of this state. …

A. A contractor's license may be issued only by act of the registrar of contractors. The registrar shall: 1. Classify and qualify applicants for a license. 2. If necessary, change the license classification of a licensee in the case of a title reclassification, with or without a …

A. Except as provided in subsection D of this section, if an entity that is not licensed or not properly licensed pursuant to this chapter bids on a contract for a project with an aggregate worth of more than $1,000, the registrar may not issue the entity a license for one year a…

A. The registrar shall maintain a system of staggered licensure to distribute the work of licensure throughout the twelve months of the year. B. The registrar shall implement a system for biennial license renewal and provide for proration of license renewal fees for that purpose.…

A. When the registrar receives the fee required by this chapter and an application furnishing complete information as required by the registrar, the registrar shall notify the applicant within sixty days after the date of the filing of a complete application of the action taken o…

A. Notwithstanding any other law and except as provided in subsection C of this section, the registrar may not release to or make available for inspection by any person any of the following: 1. A licensee's or license applicant's residential address or residential telephone numbe…

A. Except as provided in section 32-4301, a license issued under this chapter is suspended on the next business day following its renewal date by operation of law. An application for renewal of any current contracting license addressed to the registrar, with a valid bond or cash …

A. A contractor may request the registrar, on forms prescribed by the registrar, to inactivate the contractor's current license for a period not to exceed five years at one time by giving written notice to the registrar. The registrar, in the absence of any disciplinary proceedin…

A. The license fees prescribed by this chapter are as follows: 1. Application and license fees for an original biennial license: (a) For general residential contracting and subclassifications of general residential contracting, not more than $500. (b) For general commercial contr…

A. While engaged as a qualifying party for a licensee, the qualifying party may not take other employment that would conflict with the person's duties as qualifying party or conflict with the person's ability to adequately supervise the work performed by the licensee. Such person…

A. If a person who qualified for a license ceases to be connected with the licensee, both the licensee and the qualifying party shall notify the registrar in writing within fifteen days after the disassociation. B. A licensee shall requalify through another person within sixty da…

A. The director of occupational safety and health within the industrial commission with the assistance of the registrar of contractors and the director of the department of environmental quality shall prepare an educational pamphlet relating to asbestos to help contractors identi…

B. The registrar shall maintain all documents that are filed pursuant to this section for ten years.

In this article, unless the context otherwise requires: 1. "Assessment" means the contribution by a contractor to the residential contractors' recovery fund. 2. "Fund" means the residential contractors' recovery fund. 3. "Residential contractor" means a contractor as defined in s…

B. Only the following claimants are eligible for an award from the residential contractors' recovery fund: 1. An individual who both: (a) Owns residential real property that is damaged by the failure of a residential contractor to adequately build or improve a residential structu…

A. An award from the residential contractors' recovery fund is limited to residential real properties. The fund may not issue an award covering damages to commercial property. B. An award from the residential contractors' recovery fund may not exceed the actual damages suffered b…

A. An action for a judgment that may subsequently result in an order for collection from the residential contractors' recovery fund may not be commenced later than two years after the date of the commission of the act by the contractor that is the cause of the injury or from the …

A. Notwithstanding any other provision in this chapter, if a contractor license has been revoked or suspended as a result of an order to remedy a violation of this chapter, the registrar may order payment from the residential contractors' recovery fund to remedy the violation. B.…

A. The registrar shall: 1. Establish assessments and maintain the fund balance at a level sufficient to pay operating costs and anticipated claims using the cash basis of accounting. 2. Cause an examination of the fund to be made every three years by an independent certified publ…

If at any time the monies deposited in the residential contractors' recovery fund are insufficient to satisfy any duly authorized claim or portion thereof, the registrar shall, when sufficient monies have been deposited in the residential contractors' recovery fund, satisfy any u…

The assessments received by the registrar for deposit in the fund shall be held in trust for carrying out the purposes of the fund. On notice from the registrar, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from i…

On authorization of payment from the residential contractors' recovery fund, the registrar shall notify the claimant that: 1. The amount authorized for payment is subject to repayment by the claimant if the judgment of the court is finally reversed. 2. It is the responsibility of…

The state has the right of subrogation to the extent of payments made from the residential contractors' recovery fund including the right to collect from a bond, cash payment or alternative to cash payment made pursuant to section 32-1152 or 32-1152.01. The registrar and the atto…

A. The liability of the fund shall not exceed two hundred thousand dollars for any one residential contractor's license. If claims against the fund on behalf of any one residential contractor's license exceed two hundred thousand dollars, the claims shall be paid based on a pro r…

This article does not limit the authority of the registrar to take disciplinary action against any licensed contractor for a violation of this chapter, or of the rules and regulations of the registrar, nor does the repayment in full of all obligations to the fund by any contracto…

It is unlawful for any person, firm, partnership, corporation, association or other organization, or a combination of any of them, to engage in the business of, submit a bid or respond to a request for qualification or a request for proposals for construction services as, act or …

A corporation, association or other organization that is a licensed contractor shall immediately notify the registrar of any transfer of ownership of twenty-five percent or more of the stock or beneficial interest in the company.

A. The registrar shall maintain a list of persons who have been convicted of contracting without a license in violation of section 32-1151 or administratively adjudicated to have been contracting without a license after being issued a civil citation pursuant to section 32-1166.01…

A. Before granting an original contractor's license, the registrar shall require of the applicant a surety bond in a form acceptable to the registrar or a cash deposit as provided in this section. No contractor's license may be renewed unless the applicant's surety bond or cash d…

A. As an alternative to the cash deposit provided for in section 32-1152, subsection B, a contractor may substitute any of the following: 1. Certificates of deposit assigned to the registrar, issued by banks doing business in this state and insured by the federal deposit insuranc…

No contractor as defined in section 32-1101 shall act as agent or commence or maintain any action in any court of the state for collection of compensation for the performance of any act for which a license is required by this chapter without alleging and proving that the contract…

A. The holder of a license or any person named on a license pursuant to this chapter may not commit any of the following acts or omissions: 1. Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal. 2. De…

A. On the filing of a written complaint with the registrar charging a licensee with the commission of an act that is cause for suspension or revocation of a license, including an act that is in violation of title 44, chapter 11, article 11, the registrar after investigation, in i…

A. Title 41, chapter 6, article 10 applies to hearings under this chapter. B. In a hearing or rehearing conducted pursuant to this section a company may be represented by an officer or employee who is not a member of the state bar if both: 1. The company has specifically authoriz…

A. After a hearing pursuant to this article, an administrative law judge may recommend that a licensee provide restitution to any person who is injured or whose property is damaged by an action of the licensee. B. A restitution award made pursuant to this section may not include …

B. The party who is appealing may request in writing and shall receive from the registrar a certified copy of all documents and evidence in the administrative record. The party shall pay the registrar for the cost of producing the administrative record. Within thirty days after r…

A. Any contract in an amount of more than $1,000 entered into between a contractor and the owner of a property to be improved shall contain in writing at least the following information: 1. The name of the contractor and the contractor's business address and license number. 2. Th…

A. In addition to the requirements of section 32-1158, a licensed contractor who enters into a contract for the construction or installation of a residential in-ground swimming pool or spa with a purchaser who resides in the residence or who intends to reside in the residence aft…

A. For residential repair or replacement of damage resulting directly from a catastrophic storm in a specific area that is designated by an insurer, in addition to the requirements of section 32-1158, a licensed contractor who enters into a contract for the repair or replacement …

A. A covenant, clause or understanding in, collateral to or affecting a construction contract or architect-engineer professional service contract that purports to indemnify, to hold harmless or to defend the promisee from or against liability for loss or damage resulting from the…