Arizona's small business is under attack!
You
are the TARGET!
But! We are fighting back!


Arizona's only  Association,
representing solely the Arizona Alarm Dealer.


This is your association, representing the best interest of the Arizona Alarm Dealer,

NOT manufactures, monitoring stations, municipalites, police departments, or any other Special Interest.


ADI, Tri-Ed, Alarmax, Gray Bar, 
and other suppliers pushed for regulations upon us. BUT, they refuse to comply themselves and get very angry when asked why they refuse to submit to the regulations they supported and funded.  

Money required to pay lobbyist and to bring about greater regulations on our industry is received from membership fees paid to the AzAA. These suppliers refuse to support our association, they lobby for more regulations on us and they refuse to abide by the laws of Arizona, the laws they supported. 

 

Boo!
Fact, or Fiction?
Under what authority does the BTR threaten us?

Threatening language on BTR's website, "Please note that alarm businesses that provide products or services beyond installation (i.e.: selling, leasing, monitoring, renting, maintaining or repairing, pursuant to A.R.S. § 32-101(B)(4),) must obtain a certification from the Board before October 1, 2013.  Firms found to be in violation of the certification requirement after October 1, 2013 "may" (in other words, "not really" "doubtfully" "we know we have no authority to require you to" "be intimidated and send your money," "please submit to our threats") be subject to enforcement action."
 

Arizona's Attorney General's  Conclusion!
“Alarm businesses must be licensed by either the Registrar or the Board. Where alarm businesses are certified by the Board, they are subject to requirements of the alarm legislation and the Board's other statutes. If an alarm business is licensed only through the Registrar, the Board has no authority to require that alarm business to take any action.  Alarm agents are certified by the Board and are also subject to the requirements of the alarm legislation and the Board's other statutes.”  Thomas C. Horne, Attorney General

The AG's Opinion also referenced the following;

Since the Board has no authority to require those licensed by the Registrar to take any action and the Registrar does not license "Controlling Persons", those licensed solely by the Registrar would not be required to sign off on Alarm Agent forms. Therefore, employees of Alarm Businesses licensed solely by the Registrar are not subject to Alarm Agent licenses, nor does the Board have authority to require such employees to take any action. 


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Does the Board owe each alarm agent and alarm business a full refund?

According to 32-122.06, the Board has 10 Business Days to either issue or deny a license. 


The Board has failed to comply and delayed licensing for as much as 60 days. You may want to read 41-1077? 

41-1077Consequence for agency failure to comply with overall time frame; refund; penalty

A. If an agency does not issue to an applicant the written notice granting or denying a license within the overall time frame or within the time frame extension pursuant to section 41-1075, the agency shall refund to the applicant all fees charged for reviewing and acting on the application for the license and shall excuse payment of any such fees that have not yet been paid. The agency shall not require an applicant to submit an application for a refund pursuant to this subsection. The refund shall be made within thirty days after the expiration of the overall time frame or the time frame extension. The agency shall continue to process the application subject to subsection B of this section. Notwithstanding any other statute, the agency shall make the refund from the fund in which the application fees were originally deposited. This section applies only to license applications that were subject to substantive review.

B. Except for license applications that were not subject to substantive review, the agency shall pay a penalty to the state general fund for each month after the expiration of the overall time frame or the time frame extension until the agency issues written notice to the applicant granting or denying the license. The agency shall pay the penalty from the agency fund in which the application fees were originally deposited. The penalty shall be two and one-half per cent of the total fees received by the agency for reviewing and acting on the application for each license that the agency has not granted or denied on the last day of each month after the expiration of the overall time frame or time frame extension for that license.

32-122.06. Certification of alarm agents; fingerprinting; fee

A. EACH ALARM AGENT SHALL APPLY FOR AN ALARM AGENT CERTIFICATION AND A  RENEWAL CERTIFICATION CARD FROM THE BOARD. THE BOARD SHALL ISSUE OR DENY AN ALARM AGENT CERTIFICATION CARD OR A RENEWAL CERTIFICATION CARD WITHIN TEN BUSINESS DAYS AFTER RECEIVING THE APPLICATION. ALL ALARM AGENT CERTIFICATES ISSUED PURSUANT TO THIS ARTICLE ARE VALID FOR TWO YEARS FROM THE DATE OF ISSUANCE.

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The Board must apply law equally to all. This to include Lows, Home Depot, Costco, Alarm Suppliers, Sears, Best Buy, Fry’s Electronics and other Corporations who sell alarm systems.

4. "ALARM BUSINESS":

(a) MEANS ANY PERSON WHO, EITHER ALONE OR THROUGH A THIRD PARTY, ENGAGES IN THE BUSINESS OF EITHER OF THE FOLLOWING:

(i)  PROVIDING ALARM MONITORING SERVICES.

(ii) SELLING, LEASING, RENTING, MAINTAINING, REPAIRING OR INSTALLING A NONPROPRIETOR ALARM SYSTEM OR SERVICE. 

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Regulatory authority of the ROC remains in effect. All Contractors working on new construction, any remodels requiring a permit, or any construction for over a $1,000 would still apply. Any contractor without a ROC License, operating under the “Handy Man Clause,” would continue to be required to post "Unlicensed Contractor."

A.R.S. 41-1107Legislative intent clauses

All legislation that diminishes a previous grant of authority to a political subdivision of this state shall contain an intent clause that explains the reason for the diminution of authority.

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Any licensed Alarm Business, duly licensed through the ROC or the BTR, is in violation of A.R.S. 32-128 if doing business with unlicensed alarm businesses. This would include alarm suppliers selling alarm systems and alarm monitoring stations continuing to accept clients from unlicensed alarm businesses.

A.R.S. 32-128. Disciplinary action; letter of concern; judicial review
1.   Aiding or abetting an unregistered or uncertified person to evade this chapter or knowingly combining or conspiring with an unregistered or uncertified person, or allowing one's registration or certification to be used by an unregistered or uncertified person or acting as agent, partner, associate or otherwise of an unregistered or uncertified person, with intent to evade this chapter.

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R4-30-209. Time-frames for Professional Registration, Certification, or In-training Designation

3. An applicant with an incomplete application package shall supply the missing information or documentation within 90 days from the date of the notice of deficiencies. However, the Board may hold a home inspector applicant's package for one year to permit a home inspector applicant to meet the requirements of R4-30-247(A)(7). If the applicant fails to supply the missing information or documentation, the Board may close the applicant's application file. Any fee paid by the applicant is non-refundable. An applicant whose file has been closed and who later wishes to apply for professional registration, certification, or in-training designation shall submit a new application package and pay the applicable fee.

3. If the Board finds a deficiency during the substantive review of the application package, the Board shall issue a written request, specifying the additional information or documentation to be submitted and the deadline for submission. The time-frame for substantive review of an application package is suspended from the date the written request for additional information or documentation is mailed until the date that all missing information or documentation is received or the deadline for submission passes.


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Things the Board does not want to discuss.

This applies to Registrar of Contractors licensing and if you are licensed solely by the Board, you better read this one.
 

A.R.S. §32-1153:

No contractor as defined in section 32-1101 shall act as agent or commence or maintain any action in any court of the state for collection of compensation for the performance of any act for which a license is required by this chapter without alleging and proving that the contracting party whose contract gives rise to the claim was a duly licensed contractor when the contract sued upon was entered into and when the alleged cause of action arose.

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