Current through Register Vol. 30, No. 38, September 20, 2024
A. The Department
may authorize a watercraft dealer to act as an agent on behalf of the
Department for the purpose of issuing temporary certificates of number valid
for 45 days for new or used watercraft, provided:
1. The applicant's previous authority to act
as a watercraft agent under A.R.S. § 5-321(I) has not been canceled by the
Department within the preceding 24 months, and
2. The applicant is a business located and
operating within this state and sells watercraft.
B. An applicant seeking watercraft agent
authorization shall submit an application to the Department. The application is
furnished by the Department and available at the Arizona Game and Fish
Department, 5000 W. Carefree Highway, Phoenix, AZ 85086. The applicant shall
provide the following information on the application:
1. Principal business or corporation name,
address, and telephone number or if not a corporation, the full name, address,
and telephone number of all owners or partners;
2. Name, address, and telephone number of the
owner or manager responsible for compliance with this Section;
3. Whether the applicant has previously
issued temporary certificates of number under A.R.S. § 5-321(I);
4. All of the following information specific
to the location from which new watercraft are to be sold and temporary
certificates of number issued:
a. Name of
owner or manager;
b. Business
hours;
c. Business telephone
number;
d. Business type;
e. Storefront name; and
f. Street address;
5. Manufacturers of the watercraft to be
sold; and
6. Signature of person
named under subsection (B)(2).
C. The Department shall either approve or
deny the application within the licensing time-frame established under
R12-4-106.
D. Authorization to act
as a watercraft agent is specific to the dealer's business location designated
on the application and approved by the Department, unless the dealer is
participating in a boat show for the purpose of selling watercraft.
E. The watercraft agent shall:
1. Use the assigned watercraft agent number
when issuing a temporary certificate of number,
2. Use the online application system and
forms supplied by the Department; and
3. Collect the appropriate fee as prescribed
under R12-4-504 and R12-4-527.
F. A watercraft agent is prohibited from
issuing a temporary certificate of number for a watercraft when:
1. The watercraft is involved in legal
proceedings such as, but not limited to, a marital dissolution, probate, or
bankruptcy proceeding;
2. The
watercraft is abandoned or unreleased;
3. The watercraft is homemade; or
4. The watercraft has a nonconforming
HIN.
G. A watercraft
agent issuing a temporary certificate of number to the purchaser of a
watercraft shall comply with all the following:
1. The watercraft agent shall obtain a
completed application that complies with the requirements established under
R12-4-502.
2. The watercraft agent
shall identify to the applicant the state registration fee and the nonresident
boating safety infrastructure fee, when applicable, separately from any other
costs.
3. The fees collected under
subsection (E)(3) shall be submitted electronically to the Department prior to
the submission of the documentation required under subsection (G)(4).
4. Within five business days of issuing a
temporary certificate of number, a watercraft agent shall deliver or mail the
following documentation to the Arizona Game and Fish Department, Watercraft
Agent Representative, 5000 W. Carefree Highway, Phoenix, AZ 85086:
a. For a new watercraft:
i. Original application;
ii. Original or copy of the bill of sale
issued by the watercraft agent; and
iii. Original certificate of
origin;
b. For a used
watercraft:
i. Original application;
ii. Original or copy of the bill of sale
issued by the watercraft agent;
iii. Ownership document, such as but not
limited to a title, bill of sale, letter of gift or U.S. Coast Guard
Certificate of documentation or letter of deletion issued by the U.S. Coast
Guard; and
iv. Lien release, when
applicable.
H. The Department may cancel the watercraft
agent's authorization if the agent does any one of the following:
1. Fails to comply with the requirements
established under this Article;
2.
Submits more than one electronic payment dishonored because of insufficient
funds, payments stopped, or closed accounts to the Department within a calendar
year;
3. Predates, postdates,
alters, or provides or knowingly allows false information to be provided on an
application for a temporary certificate of number; or
4. Falsifies the application for
authorization as a watercraft agent.
I. The Department shall provide a written
notice to the person stating the reason for the denial or cancellation of
watercraft agent status, as applicable. The person may appeal the denial or
cancellation to the Commission as prescribed under A.R.S. Title 41, Chapter 6,
Article 10.
