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Code · Arizona · Title 32 — Partnership

32-2125.02. Nonresident licensees; service of process; employment

309 words·~1 min read·/az/title-32/32-2125-02

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. An application for and acceptance of a license as a nonresident salesperson or broker shall be deemed to constitute irrevocable appointment of the commissioner as the agent or attorney in fact of the licensee for the acceptance of service of process issued in this state in any action or proceeding against the licensee arising out of the licensing, out of transactions under the license or in any action that may result in payment from the real estate recovery fund.
B. Duplicate copies of any process shall be served on the commissioner. The plaintiff at the time of service shall pay the commissioner $15, taxable as costs in the action. On receiving this service the commissioner shall promptly forward a copy of the service by certified mail to the licensee at the licensee's last address of record with the commissioner. Process served on the commissioner pursuant to this subsection constitutes service of process on the licensee as though the licensee were personally served with the process in this state.
C. A nonresident licensee shall accept employment or compensation as a nonresident licensee only under section 32-2155 and only from a broker who is actively licensed in this state.
D. A nonresident broker shall maintain in this state the records required by section 32-2151.01 and shall notify the commissioner of the address where the records are kept or may use online recordkeeping if the data is backed up and the nonresident broker notifies the department of the name of and contact information for the online recordkeeping provider.
E. Pursuant to section 32-4302, a broker license or salesperson license applicant who does not reside in this state is required to successfully pass the portion of the examination that is specific to this state's real estate practice and laws.
F. The commissioner may adopt rules necessary for the regulation of nonresident licensees.
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