Arizona Laws 3-3471. Registered service representative; powers; violation; classification
A. When any commercial device specified in this chapter is in commercial use and a valid license for the device has not been procured by the owner, the owner’s agent or the operator of the device, the division, after giving notice of the licensing requirements to the owner, the owner’s agent or the operator, shall prohibit the further commercial use of the unlicensed device until the proper license has been issued. The division may employ and attach to the device such forms, notices or security seals as it considers necessary to prevent the continued unauthorized use of the device.
Attorney's Note
Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 2 misdemeanor | up to 4 months | up to $750 |
Terms Used In Arizona Laws 3-3471
- Associate director: means the associate director of the division. See Arizona Laws 3-3401
- Commercial device: means any weighing, measuring, metering or counting device that is used to determine the direct cost of things sold or offered or exposed for sale, or used to establish a fee for service if the cost is based on weight, measure or count, except that it does not include those devices used for in-house packaging, inventory control or law enforcement purposes. See Arizona Laws 3-3401
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Division: means the weights and measures services division of the department. See Arizona Laws 3-3401
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Registered service representative: means any individual who for hire, award, commission or any other payment of any kind installs, services, repairs or reconditions a commercial device or tests or repairs vapor recovery systems or vapor recovery components and who has been issued a license by the division. See Arizona Laws 3-3401
B. A registered service representative may:
1. With approval of the division, remove an official rejection tag placed on a commercial device, vapor recovery system or vapor recovery component.
2. Place in service, until such time as an official examination can be made, a commercial device, vapor recovery system or vapor recovery component that has been officially rejected or placed out of service.
3. Place in service, until such time as an official examination can be made, a commercial device for which a commercial device application has been completed and submitted to the division.
C. The owner of any business who has not applied for and has not been issued a license for the right to do business, involving the use of a commercial device, by the division and who is found selling or offering for sale or delivering or distributing to a consumer is guilty of a class 2 misdemeanor, and the division shall confiscate and seize the commercial device or any vehicle tank, or vehicle tank and meter, or any other such measuring device used by the business for the sale, delivery or distribution as evidence.
D. The associate director and any other authorized personnel shall not be liable to the owner or any other persons, firms, partnerships, corporations, trusts or agencies for damages, directly or indirectly, caused by or resulting from the seizure.
E. If a commercial device licensed pursuant to this chapter is used contrary to any provision of this chapter or any rule adopted pursuant to this chapter, the division, in addition to any other penalty imposed by this chapter, shall suspend, revoke or refuse to renew the license.