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REFERENCE TITLE: long-term park model spaces; hearings |
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State of Arizona Senate Fifty-second Legislature First Regular Session 2015
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SB 1299 |
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Introduced by Senators Griffin: Burges, Hobbs, Shooter; Representatives Leach, Montenegro, Norgaard, Thorpe
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AN ACT
amending title 33, chapter 19, article 4, Arizona Revised Statutes, by adding section 33-2149; amending sections 41-2198, 41‑2198.01, 41‑2198.02 and 41‑2198.03, Arizona Revised Statutes; amending title 41, chapter 16, article 5, Arizona Revised Statutes, by adding section 41-2198.06; relating to the RECREATIONAL vehicle long-term rental space act.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 33, chapter 19, article 4, Arizona Revised Statutes, is amended by adding section 33-2149, to read:
33-2149. Department of fire, building and life safety; administrative hearing
At any time before filing suit to enforce this chapter, a person who is the tenant of a park trailer or park model prescribed by section 33-2102, paragraph 19, subdivision (c) may petition for a hearing pursuant to section 41-2198.01 for enforcement of this chapter or any contract or other action or agreement regarding this chapter.
Sec. 2. Section 41-2198, Arizona Revised Statutes, is amended to read:
41-2198. Administrative adjudication of complaints
Pursuant to chapter 6, article 10 of this title, an administrative law judge shall adjudicate complaints regarding and ensure compliance with:
1. The Arizona mobile home parks residential landlord and tenant act.
2. For tenants of park trailers or park models only, as prescribed by section 33-2102, paragraph 19, subdivision (c), the recreational vehicle long-term rental space act.
2. 3. Title 33, chapter 9 and condominium documents.
3. 4. Title 33, chapter 16 and planned community documents.
Sec. 3. Section 41-2198.01, Arizona Revised Statutes, is amended to read:
41-2198.01. Hearing; rights and procedures
A. A person who is subject to title 33, chapter 11 or a party to a rental agreement entered into pursuant to title 33, chapter 11 may petition the department for a hearing concerning violations of the Arizona mobile home parks residential landlord and tenant act by filing a petition with the department and paying a nonrefundable filing fee in an amount to be established by the director. All monies collected shall be deposited in the state general fund and are not refundable.
B. For a dispute between an owner and a condominium association or planned community association that is regulated pursuant to title 33, chapter 9 or 16, the owner or association may petition the department for a hearing concerning violations of condominium documents or planned community documents or violations of the statutes that regulate condominiums or planned communities. The petitioner shall file a petition with the department and pay a filing fee in an amount to be established by the director. The filing fee shall be deposited in the condominium and planned community hearing office fund established by section 41‑2198.05. On dismissal of a petition at the request of the petitioner before a hearing is scheduled or by stipulation of the parties before a hearing is scheduled, the filing fee shall be refunded to the petitioner. The department does not have jurisdiction to hear:
1. Any dispute among or between owners to which the association is not a party.
2. Any dispute between an owner and any person, firm, partnership, corporation, association or other organization that is engaged in the business of designing, constructing or selling a condominium as defined in section 33‑1202 or any property or improvements within a planned community as defined in section 33‑1802, including any person, firm, partnership, corporation, association or other organization licensed pursuant to title 32, chapter 20, arising out of or related to the design, construction, condition or sale of the condominium or any property or improvements within a planned community.
C. A person who is a party to a rental agreement entered into pursuant to title 33, chapter 19 regarding a park trailer or park model as prescribed in section 33-2102, paragraph 19, subdivision (c) may petition the department for a hearing concerning violations of the recreational vehicle long-term rental space act by filing a petition with the department and paying a nonrefundable filing fee in an amount to be established by the director. All monies collected shall be deposited in the recreational vehicle long-term rental space hearing office fund established by section 41‑2198.06 and are not refundable.
C. D. The petition shall be in writing on a form approved by the department, shall list the complaints and shall be signed by or on behalf of the persons filing and include their addresses, stating that a hearing is desired, and shall be filed with the department.
D. E. On receipt of the petition and the filing fee the department shall mail by certified mail a copy of the petition along with notice to the named respondent that a response is required within twenty days of after mailing of the petition showing cause, if any, why the petition should be dismissed.
E. F. After receiving the response, the director or the director's designee shall promptly review the petition for hearing and, if justified, refer the petition to the office of administrative hearings. The director may dismiss a petition for hearing if it appears to the director's satisfaction that the disputed issue or issues have been resolved by the parties.
F. G. Failure of the respondent to answer is deemed an admission of the allegations made in the petition, and the director shall issue a default decision.
G. H. Informal disposition may be made of any contested case.
H. I. Either party or the party's authorized agent may inspect any file of the department that pertains to the hearing, if the authorization is filed in writing with the department.
I. J. At a hearing conducted pursuant to this section, a corporation may be represented by a corporate officer, employee or contractor of the corporation who is not a member of the state bar if:
1. The corporation has specifically authorized the officer, employee or contractor of the corporation to represent it.
2. The representation is not the officer's, employee's or contractor of the corporation's primary duty to the corporation but is secondary or incidental to the officer's, employee's or contractor of the corporation's, limited liability company's, limited liability partnership's, sole proprietor's or other lawfully formed and operating entity's duties relating to the management or operation of the corporation.
Sec. 4. Section 41-2198.02, Arizona Revised Statutes, is amended to read:
41-2198.02. Orders; penalties; attorney fees; disposition
A. The administrative law judge may order any party to abide by the statute, condominium documents, community documents or contract provision at issue and may levy a civil penalty on the basis of each violation. For purposes of actions brought under the Arizona mobile home parks residential landlord and tenant act, the civil penalty shall not exceed five hundred dollars. All monies collected pursuant to this article shall be deposited in the state general fund to be used to offset the cost of administering the administrative law judge function, except that monies collected from disputes involving condominiums or planned communities as prescribed in section 41‑2198.01, subsection B shall be deposited in the condominium and planned community hearing office fund established by section 41‑2198.05 and monies collected from disputes involving recreational vehicle long-term rental spaces as prescribed in section 41-2198.01, subsection C shall be deposited in the recreational vehicle long-term rental space hearing office fund established by section 41-2198.06. If the petitioner prevails, the administrative law judge shall order the respondent to pay to the petitioner the filing fee required by section 41‑2198.01. For disputes involving recreational vehicle long-term rental spaces, the administrative law judge may not award attorney fees to either party.
B. The order issued by the administrative law judge is binding on the parties unless a rehearing is granted pursuant to section 41‑2198.04 based on a petition setting forth the reasons for the request for rehearing, in which case the order issued at the conclusion of the rehearing is binding on the parties. The order issued by the administrative law judge is enforceable through contempt of court proceedings and is subject to judicial review as prescribed by section 41‑1092.08.
Sec. 5. Section 41-2198.03, Arizona Revised Statutes, is amended to read:
41-2198.03. Scope of hearing
A. The administrative law judge may hear and adjudicate all matters relating to the Arizona mobile home parks residential landlord and tenant act, the recreational vehicle long-term rental space act as prescribed by section 41-2198.01, subsection C and rules adopted pursuant to this article, except that the administrative law judge shall not hear matters pertaining to rental increases pursuant to section 33‑1413, subsection G or I.
B. This section shall not be construed to does not limit the jurisdiction of the courts of this state to hear and decide matters pursuant to the Arizona mobile home parks residential landlord and tenant act, the recreational vehicle long-term rental space act, the statutes or condominium documents that regulate condominiums or the statutes or community documents that regulate planned communities.
Sec. 6. Title 41, chapter 16, article 5, Arizona Revised Statutes, is amended by adding section 41-2198.06, to read:
41-2198.06. Recreational vehicle long-term rental space hearing office fund
A. The recreational vehicle long-term rental space hearing office fund is established in the department to be administered by the director. Monies in the fund are continuously appropriated. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.
B. Monies in the recreational vehicle long-term rental space hearing office fund shall be used to reimburse the actual costs of the office of administrative hearings in conducting hearings pursuant to section 41‑2198.01, subsection C. Monies remaining in the fund may be used by the department to offset the costs of administering cases filed pursuant to section 41-2198.01, subsection C.