Terms Used In Arizona Laws > Title 12 > Chapter 7 - Special Actions and Proceedings in Which the State Is a Party

• acknowledgment: means either:

  (a) An acknowledgment made by the person or persons signing an instrument and taken by a notarial officer pursuant to Title 41, Chapter 2, Article 1. See Arizona Laws 10-140

• Address: means a mailing address. See Arizona Laws 10-140
• Affiliate: means a person that directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with a video service provider. See Arizona Laws 9-1401
• agency: means every agency, board, commission, department or officer authorized by law to exercise rule-making powers or to adjudicate contested cases, whether created by constitutional provision or legislative enactment. See Arizona Laws 12-901
• Agreement: means any agreement or contract. See Arizona Laws 9-1401
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Articles of incorporation: means the original or restated articles of incorporation or articles of merger and all amendments to the articles of incorporation or merger and includes amended and restated articles of incorporation and articles of amendment and merger. See Arizona Laws 10-140
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Board of directors: means the group of persons vested with the management of the affairs of the corporation irrespective of the name by which the group is designated and includes the governing body or bodies of a water users' association if the articles of incorporation of the water users' association provide for a governing body or bodies denominated other than as a board of directors. See Arizona Laws 10-140
• boundaries: means all of the area within the corporate limits of the city or town. See Arizona Laws 9-1401
• Building: means and includes so much of any building or structure of any kind as is or may be entered through the same outside entrance. See Arizona Laws 12-801
• Building code: means the construction codes that were in force at time of building construction, including plumbing and mechanical codes, electric codes, residential construction codes, energy conservation codes and existing building construction codes, and includes any property maintenance codes, neighborhood preservation codes, anti-blight codes or other similar codes, however denominated. See Arizona Laws 9-1301
• Business day: means a day that is not a Saturday, a Sunday or any other legal holiday in this state. See Arizona Laws 10-140
• Bylaws: means the code of rules adopted for the regulation or management of the affairs of the corporation irrespective of the name by which those rules are designated. See Arizona Laws 10-140
• Cardholder: means a qualifying patient, a designated caregiver, a nonprofit medical marijuana dispensary agent or a independent third-party laboratory agent who has been issued and possesses a valid registry identification card. See Arizona Laws 36-2801
• Certificate of disclosure: means the certificate of disclosure described in section 10-202. See Arizona Laws 10-140
• Citywide residential rental property inspection program: means any program that includes systematic or periodic inspections of a majority of rental properties in the city that have not previously been found to meet the requirements of section 9-1302. See Arizona Laws 9-1301
• Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
• Class: refers to a group of memberships that have the same rights with respect to voting, dissolution, redemption and transfer. See Arizona Laws 10-3140
• Commercial mobile service provider: means a person that provides commercial mobile service as defined in 47 United States Code § 332(d) or commercial mobile radio service as described in 47 C. See Arizona Laws 9-1401
• Commission: means the Arizona corporation commission. See Arizona Laws 10-140
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Conspicuous: means so written that a reasonable person against whom the writing is to operate should have noticed it. See Arizona Laws 10-140
• Continuance: Putting off of a hearing ot trial until a later time.
• Corporation sole: means a corporation formed pursuant and subject to chapter 42, article 1 of this title. See Arizona Laws 10-3140
• Court: means the superior court of this state. See Arizona Laws 10-140
• Day: means a calendar day, except a Saturday or Sunday or a holiday prescribed in section 1-301. See Arizona Laws 9-1401
• Debilitating medical condition: means one or more of the following:

  (a) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease or agitation of Alzheimer's disease or the treatment of these conditions. See Arizona Laws 36-2801

• decision: means any decision, order or determination of an administrative agency that is rendered in a case, that affects the legal rights, duties or privileges of persons and that terminates the proceeding before the administrative agency. See Arizona Laws 12-901
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Deliver: includes sending by mail, private courier, fax or electronic transmission. See Arizona Laws 10-140
• Delivery: means actual receipt by the person or entity to which directed and for electronic transmissions means receipt as described in section 44-7015, subsection B. See Arizona Laws 10-140
• Department: means the department of health services or its successor agency. See Arizona Laws 36-2801
• Department: means the Arizona department of agriculture. See Arizona Laws 3-101
• Designated caregiver: means a person who:

  (a) Is at least twenty-one years of age. See Arizona Laws 36-2801

• Devise: To gift property by will.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dispose: means the transfer of property by its return to the owner, sale, conversion or destruction or by any other means of disposal. See Arizona Laws 12-940
• Distribution: means a direct or indirect transfer of money or other property, except its own shares, or incurrence of indebtedness by a corporation to or for the benefit of its shareholders in respect of any of its shares. See Arizona Laws 10-140
• domestic corporation: means a corporation for profit that is not a foreign corporation and that is incorporated under or subject to chapters 1 through 17 of this title. See Arizona Laws 10-140
• Electronic transmission: means an electronic record as defined in section 44-7002 that is sent pursuant to section 44-7015. See Arizona Laws 10-140
• Employee: includes an officer, director, employee or servant, whether or not compensated or part time, who is authorized to perform any act or service, except that employee does not include an independent contractor. See Arizona Laws 12-820
• Entity: includes a corporation, foreign corporation, not for profit corporation, profit and not for profit unincorporated association, nonprofit corporation, close corporation, corporation sole or limited liability company, a professional corporation, association or limited liability company, a business trust, estate, partnership, registered limited liability partnership, trust or joint venture, two or more persons having a joint or common economic interest, any person other than an individual and a state, the United States and a foreign government. See Arizona Laws 10-140
• Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
• Evidence: means property that is held for possible presentation in a judicial or administrative proceeding to establish the truth or falsity of an alleged matter of fact. See Arizona Laws 12-940
• Excluded felony offense: means :

  (a) A violent crime as defined in Section 13-901. See Arizona Laws 36-2801

• Executed by the corporation: means executed by manual or facsimile signature on behalf of the corporation by a duly authorized officer or, if the corporation is in the hands of a receiver or trustee, by the receiver or trustee. See Arizona Laws 10-140
• Exterior inspection: means the visual inspection of any portion of a residential dwelling unit that can be seen from a public street or other right-of-way, or that can be seen from an adjacent property if a complaint or consent is received from the adjacent property owner, lawful resident or lawful tenant. See Arizona Laws 9-1301
• Extraordinary emergency services: means :

  (a) The actual and related costs of additional police, fire fighting, public works, paramedic and medical personnel utilized other than those who are normally on duty; and

  (b) The actual costs of rented or leased equipment reasonably needed by the state or political subdivision in responding to the emergency; and

  (c) The actual or replacement costs of chemicals or disposable materials utilized in responding to the emergency; and

  (d) Costs incurred in the evacuation or reasonable temporary housing of persons displaced from their property by the emergency. See Arizona Laws 12-971

• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• Filing: means the commission completing the following procedure with respect to any document delivered for that purpose:

  (a) Determining that the filing fee requirements of section 10-122 have been satisfied. See Arizona Laws 10-140

• Foreign corporation: means a corporation for profit that is incorporated under a law other than the law of this state. See Arizona Laws 10-140
• Found property: means recovered, lost, surrendered, abandoned or otherwise received property that is turned over to a public agency where the owner may or may not be known and that is not classified as evidence. See Arizona Laws 12-940
• Governmental entity: means a county, municipality, school district, chartered unit or subdivision, a governmental unit or other special district or similar entity or any association, authority, board, commission, division, office, officer, task force or other agency of this state. See Arizona Laws 12-981
• Grantee: includes every person to whom an estate or interest in real property passes, in or by a deed. See Arizona Laws 1-215
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Hazardous waste: means any material that is subject to the hazardous waste manifest of the department of health services or the United States environmental protection agency. See Arizona Laws 12-971
• Highway: means all roads, streets and alleys and other dedicated public rights-of-way that are operated and maintained by a local government. See Arizona Laws 9-1401
• Holder: means a video service provider that has been issued a uniform video service license pursuant to this chapter. See Arizona Laws 9-1401
• Holdover cable operator: means an incumbent cable operator that elects under sections 9-1412 and 9-1413 to continue to operate within its service area pursuant to its local license. See Arizona Laws 9-1401
• Hospital: means a health care facility, whether organized for profit or not, which provides medical services, nursing services, health screening services, other health-related services or supervisory care services. See Arizona Laws 12-981
• Incumbent cable operator: means a cable operator or other video service provider that on December 31, 2019 is providing video service in this state pursuant to a local license. See Arizona Laws 9-1401
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Independent third-party laboratory: means an entity that has a national or international accreditation and that is certified by the department to analyze marijuana cultivated for medical use. See Arizona Laws 36-2801
• Independent third-party laboratory agent: means an owner, employee or volunteer of a certified independent third-party laboratory who is at least twenty-one years of age and who has not been convicted of an excluded felony offense. See Arizona Laws 36-2801
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Individual: includes the estate of an incompetent or deceased individual. See Arizona Laws 10-140
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Injury: means death, injury to a person, damage to or loss of property or any other injury that a person may suffer that would be actionable if inflicted by a private person. See Arizona Laws 12-820
• Interior inspection: means a physical or visual inspection of the interior of a residential rental dwelling unit and other portions of a residential rental dwelling unit that are not visible from a public street, right-of-way or neighboring property that is made for the purpose of looking for building code violations. See Arizona Laws 9-1301
• Known place of business: means the known place of business required to be maintained pursuant to section 10-501. See Arizona Laws 10-140
• Landowner: means any owner of a legal or equitable interest in real property, including the heirs, devisees, successors, assigns and personal representative of the owner, or a representative authorized by a landowner to submit to a city or town a development application for a property for approval. See Arizona Laws 9-1201
• Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
• License: means a franchise as defined in 47 United States Code § 522. See Arizona Laws 9-1401
• License fee: means a license fee imposed by a local government on a video service provider for using the highways to provide and for the privilege of providing video service. See Arizona Laws 9-1401
• Lien: A claim against real or personal property in satisfaction of a debt.
• Livestock: means cattle, equine, sheep, goats and swine, except feral pigs. See Arizona Laws 3-1201
• Livestock officer: means an animal health and welfare officer, animal health and welfare inspector or investigator employed by the department. See Arizona Laws 3-1201
• Local government: means any city, including a charter city, or town. See Arizona Laws 9-1401
• Local law: means any charter, code, ordinance, resolution, regulation or other law of a local government. See Arizona Laws 9-1401
• Local license: means any license, agreement, permit or similar authorization that meets all of the following:

  (a) Allows a person to construct or operate a video service network within the boundaries of a local government. See Arizona Laws 9-1401

• Maintenance: means the establishment or continuation in existence of facilities, highways, roads, streets, bridges or rights-of-way by a public entity and does not mean or refer to ordinary repair or upkeep. See Arizona Laws 12-820
• Marijuana: means all parts of any plant of the genus cannabis whether growing or not, and the seeds of such plant. See Arizona Laws 36-2801
• Medical care and treatment: includes hospital, medical, psychological, surgical and dental care, ambulance services, prostheses, medical appliances and supplies, pharmaceutical supplies, occupational therapy and physical therapy. See Arizona Laws 12-961
• Medical use: means the acquisition, possession, cultivation, manufacture, use, administration, delivery, transfer or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the patient's debilitating medical condition. See Arizona Laws 36-2801
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Motion picture film: means any film or plate negative, film or plate positive, film or tape designed to be projected on a screen for exhibition, or films, glass slides or transparencies, either in negative or positive form, designed for exhibition by projection on a screen. See Arizona Laws 12-811
• Newspaper: has the meaning set forth in section 39-201. See Arizona Laws 10-140
• Nonprofit corporation: means a corporation that is exempt from taxation pursuant to section 501(a) of the internal revenue code. See Arizona Laws 12-981
• Nonprofit medical marijuana dispensary: means a not-for-profit entity that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies, sells or dispenses marijuana or related supplies and educational materials to cardholders. See Arizona Laws 36-2801
• Nonprofit medical marijuana dispensary agent: means a principal officer, board member, employee or volunteer of a nonprofit medical marijuana dispensary who is at least twenty-one years of age and has not been convicted of an excluded felony offense. See Arizona Laws 36-2801
• Nonprofit organization: means an organization that is exempt from taxation pursuant to section 501(c) of the internal revenue code. See Arizona Laws 12-981
• Nuisance: means any place for the sale or exhibition of obscene motion picture films or pictorial publications. See Arizona Laws 12-811
• Obscene motion picture film or obscene pictorial publication: means any motion picture, film, video reproduction or pictorial publication which would constitute an obscene item as defined in section 13-3501. See Arizona Laws 12-811
• Owner: means the person, corporation, limited liability company, partnership, limited partnership, trust or real estate investment trust shown on the lawfully recorded title to the property. See Arizona Laws 9-1301
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: includes an individual and entity. See Arizona Laws 10-140
• Person: means individuals, corporations, associations, partnerships, trustees, lessees, agents and assignees. See Arizona Laws 12-801
• Person: means any individual, association, partnership, corporation, trustee, lessee, agent or assignee. See Arizona Laws 12-811
• Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
• Personal property: All property that is not real property.
• Personal property: includes money, goods, chattels, things in action and evidences of debt. See Arizona Laws 1-215
• Petty offense: A federal misdemeanor punishable by six months or less in prison. ^{Source: U.S. Courts}
• Physician: means a doctor of medicine who holds a valid and existing license to practice medicine pursuant to Title 32, Chapter 13 or its successor, a doctor of osteopathic medicine who holds a valid and existing license to practice osteopathic medicine pursuant to Title 32, Chapter 17 or its successor, a naturopathic physician who holds a valid and existing license to practice naturopathic medicine pursuant to Title 32, Chapter 14 or its successor or a homeopathic physician who holds a valid and existing license to practice homeopathic medicine pursuant to Title 32, Chapter 29 or its successor. See Arizona Laws 36-2801
• Pictorial publication: means any book, magazine or pamphlet containing one or more drawings, pictures, photographs or illustrations. See Arizona Laws 12-811
• Place: means any building, enclosure or any separate part or portion thereof whether permanent or not or the ground itself. See Arizona Laws 12-811
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• President: means that officer designated as the president in the articles of incorporation or bylaws or, if not so designated, that officer authorized in the articles of incorporation, bylaws or otherwise to perform the functions of the chief executive officer, irrespective of the name by which designated. See Arizona Laws 10-140
• Principal office: means the office, in or out of this state, so designated in the annual report where the principal executive offices of a domestic or foreign corporation are located or in any other document executed by the corporation by an officer and delivered to the commission for filing. See Arizona Laws 10-140
• Prisoner: means a person incarcerated while awaiting sentence or while serving a sentence imposed by a court of law. See Arizona Laws 12-820
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Proceeding: includes a civil suit and a criminal, administrative and investigatory action. See Arizona Laws 10-140
• Property: means all real property subject to zoning regulations and restrictions by a city or town. See Arizona Laws 9-1201
• Property: means any item, including currency, that is held for safekeeping or as evidence or found property or that has been abandoned, unclaimed or awarded by the court. See Arizona Laws 12-940
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Protected development right: means the right to undertake and complete the development and use of property under the terms and conditions of a protected development right plan and this article, without compliance with subsequent changes in zoning regulations and development standards, except as provided by section 9-1204. See Arizona Laws 9-1201
• Protected development right plan: means a plan submitted by a landowner to a city or town, that, if approved by the legislative body of the city or town and if identified as a protected development right plan at the time it is submitted, grants the landowner, for a specified period of time, a protected development right to undertake and complete the development as shown on the plan. See Arizona Laws 9-1201
• Public employee: means an employee of a public entity. See Arizona Laws 12-820
• Public entity: includes this state and any political subdivision of this state. See Arizona Laws 12-820
• Publish: means to publish in a newspaper of general circulation in the county of the known place of business for three consecutive publications. See Arizona Laws 10-140
• Qualifying patient: means a person who has been diagnosed by a physician as having a debilitating medical condition. See Arizona Laws 36-2801
• Quorum: The number of legislators that must be present to do business.
• Range: means every character of lands, enclosed or unenclosed, outside of cities and towns, upon which livestock is permitted by custom, license or permit to roam and feed. See Arizona Laws 3-1201
• Record date: means the date established under chapter 6 or 7 of this title on which a corporation determines the identity of its shareholders and their shareholdings for purposes of chapters 1 through 17 of this title. See Arizona Laws 10-140
• Registry identification card: means a document issued by the department that identifies a person as a registered qualifying patient, a registered designated caregiver, a registered nonprofit medical marijuana dispensary agent or a registered independent third-party laboratory agent. See Arizona Laws 36-2801
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Residential dwelling unit: means a building or structure or part of a building or structure that is used for a home or residence by one or more persons who maintain a household. See Arizona Laws 9-1301
• Residential rental dwelling unit: means a dwelling unit that is leased or rented to one or more tenants. See Arizona Laws 9-1301
• Residential rental licensing requirement: means a requirement established by a city or town that property owners or property managers obtain a license or permit from the city or town, with or without an associated fee, before they can legally engage in the rental of dwelling units in the city or town. See Arizona Laws 9-1301
• Residential rental registration requirement: means any requirement established by a city or town for rental housing owners or managers to submit information to the city or town as already required to be submitted to the county assessor under section 33-1902. See Arizona Laws 9-1301
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Safekeeping: means storage of an asset or item of value by a public agency that is not classified as evidence and that belongs to a known individual. See Arizona Laws 12-940
• Secretary: means that officer designated as the secretary in the articles of incorporation or bylaws or that officer authorized in the articles of incorporation, the bylaws or otherwise to perform the functions of secretary, irrespective of the name by which designated. See Arizona Laws 10-140
• Service area: means that part of the boundaries of a local government within which a video service provider is authorized to provide video service pursuant to a uniform video service license or a local license. See Arizona Laws 9-1401
• Service of process: The service of writs or summonses to the appropriate party.
• Shares: means the units into which the proprietary interests in a corporation are divided. See Arizona Laws 10-140
• State: means this state and any state agency, board, commission or department. See Arizona Laws 12-820
• Summons: Another word for subpoena used by the criminal justice system.
• Telecommunications provider: means a person that is required to obtain from the corporation commission a certificate of public convenience and necessity to provide telecommunications service. See Arizona Laws 9-1401
• Telecommunications service: means the offering of telecommunications for a fee directly to the public, or to such users as to be effectively available directly to the public, regardless of the equipment, facilities or technology used. See Arizona Laws 9-1401
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Third person: includes any governmental entity, corporation, company, partnership, firm, association, society and a natural person. See Arizona Laws 12-961
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Treasurer: means that officer designated as the treasurer in the articles of incorporation or bylaws or that officer authorized in the articles of incorporation or bylaws or otherwise to perform the functions of treasurer, irrespective of the name by which designated. See Arizona Laws 10-140
• Uniform video service license: means a license that is issued by a local government in the form of a uniform video service license agreement as adopted pursuant to section 9-1411. See Arizona Laws 9-1401
• United States: includes a district, authority, bureau, commission and department and any other agency of the United States. See Arizona Laws 10-140
• Venue: The geographical location in which a case is tried.
• Verification system: means a secure, password-protected, web-based system that is established and maintained by the department and that is available to law enforcement personnel and nonprofit medical marijuana dispensary agents on a twenty-four-hour basis for verifying registry identification cards. See Arizona Laws 36-2801
• Vice-president: means an officer designated as the vice-president in the articles of incorporation or bylaws or an officer authorized in the articles of incorporation, the bylaws or otherwise to perform the functions of a vice-president, irrespective of the name by which designated. See Arizona Laws 10-140
• Visiting qualifying patient: means a person:

  (a) Who is not a resident of Arizona or who has been a resident of Arizona less than thirty days. See Arizona Laws 36-2801

• Volunteer: means a person who performs services for a nonprofit corporation or nonprofit organization, hospital or governmental entity without compensation other than reimbursement of actual expenses incurred. See Arizona Laws 12-981
• Vote: includes authorization by written ballot and written consent. See Arizona Laws 10-3140
• Voting group: means all shares of one or more classes or series that under the articles of incorporation or chapters 1 through 17 of this title are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Arizona Laws 10-140
• Wilfully: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 1-215
• written: includes blockchain technology as defined in section 44-7061. See Arizona Laws 10-140
• Written certification: means a document dated and signed by a physician, stating that in the physician's professional opinion the patient is likely to receive therapeutic or palliative benefit from the medical use of marijuana to treat or alleviate the patient's debilitating medical condition or symptoms associated with the debilitating medical condition. See Arizona Laws 36-2801