41-3501. Definitions

378 words·~2 min read·/az/title-41/41-3501

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

In this chapter, unless the context otherwise requires:

1. "Government certification" means a voluntary program in which this state grants nontransferable recognition to an individual who meets personal qualifications that are established by law.

2. "Government registration" means a requirement to give notice to the government, which may include the individual's name and address, the individual's agent for service of process, the location of the activity to be performed and a description of the service the individual provides.

3. "Lawful occupation" means a course of conduct, pursuit or profession that includes the sale of goods or services that are not themselves illegal to sell, irrespective of whether the individual selling them is subject to occupational regulation.

4. "Less restrictive regulation" means, from least to most restrictive:

(a)Nongovernment regulation, including:

(i)Private certification.

(ii)Deceptive trade practice laws.

(iii)Mandatory disclosure of attributes of the specific good or service.

(b)Regulation of the process of providing the specific good or service.

(c)Regulation of the facility where the specific good or service is sold.

(d)Inspection regulations.

(e)Bonding requirements.

(f)Insurance requirements.

(g)Government registration.

(h)Government certification.

(i)Occupational or professional license.

5. "Occupational or professional license" means a nontransferable authorization for an individual to perform exclusively a lawful occupation for compensation based on meeting personal qualifications that are established by law.

6. "Occupational regulation":

(a)Means a statute, rule, practice, policy or other state law that allows an individual to use an occupational title or work in a lawful occupation.

(b)Includes a government registration, a government certification and an occupational or professional license.

(c)Does not include a business license, facility license, building permit or zoning and land use regulation except to the extent those state laws regulate an individual's personal qualifications to perform a lawful occupation.

7. "Personal qualifications" means criteria that are related to an individual's personal background and characteristics, including completion of an approved educational program, satisfactory performance on an examination, work experience or other evidence of attainment of requisite skills or knowledge, moral character, criminal history and completion of continuing education.

8. "Private certification" means a voluntary program in which a private organization grants nontransferable recognition to an individual who meets personal qualifications that are established by the private organization.