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SUBSTANTIVE POLICY STATEMENTS

No. 2005.03

Short Title: Disclosure of Licensee's Home Address

This substantive policy statement is advisory only. A substantive policy statement does not include internal procedural documents that only affect the internal procedures of the agency and does not impose additional requirements or penalties on regulated parties or include confidential information or rules made in accordance with the Arizona Administrative Procedure Act. If you believe that this substantive policy statement does impose additional requirements or penalties on regulated parties you may petition the agency under ARS 41-1033 for a review of the statement.

Description of Practice/Procedure: Only the business addresses and telephone numbers of active-status licensees are disclosed to the public. Requests for the residential address and telephone number of an active status licensee shall be denied, except in the cases of those self-employed brokers whose business and residential addresses are the same. State law requires the Department to make available to the public the residential address and telephone number of an inactive licensee unless the inactive licensee provides the Department with a current and valid alternative mailing address and alternative telephone number. A licensee who has obtained an Order of Protection may provide the Department with a current and valid alternative mailing address and alternative telephone number.

All licensees are required to provide and maintain their current residential address on file with the Department. All licensees are required to notify the Department within 10 days of any changes to their personal licensing data, including personal (residence) address.

Authority: A.R.S. § 32-3801, adopted April 4, 1997, states that a licensee's residential address and telephone number shall not be available unless that is the only address on file. At the Department, a business address is available when the license held is current and an employing broker employs the licensee. This law superseded the 1996 provision that authorizes the Commissioner to keep confidential a licensee's home address and telephone number for good cause upon a request by the licensee. A.R.S. § 32-2123 requires an applicant to provide the applicant's residential address. A.A.C. R4-28-301 (E) & R4-28-303 require the residential address be kept current.

Policy_Program: Licensing

Effective_Date: Revised 12/6/01; Revised & Renumbered 5/28/04; Renumbered 4/01/05.

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