Ariz. Admin. Code § 12-5-104

Current through Register Vol. 30, No. 50, December 13, 2024

Section R12-5-104 - Application Forms, Filing Requirements and Restrictions, and Rights

A. Forms. A person shall submit an application, report, or other document to be filed with the Department upon a form prescribed by the Department when applicable. The Department may require an applicant to furnish any information necessary, and forms may be changed from time to time.

B. Legal status. A corporation, limited partnership, association, or other entity authorized to conduct business in this state that is applying to purchase, lease, or sublease State Trust Land or any interest in State Trust Land shall state in its application that it is authorized to conduct business in this state.

C. Requirement to pay fees to file documents. A person shall submit an application, report, document, or other instrument simultaneous with payment of any required fee.

D. Incomplete or deficient applications and filings. If any application, or any of an application's corresponding attachments, does not contain the information required by statute or this Chapter, the Department shall immediately provide written notice of the deficiency to the applicant. The Department shall then allow 30 days from the date on the written notice from the Department for the applicant to cure the deficiency. If additional time is needed to cure the deficiency, the applicant may request an extension of time pursuant to R12-5-102(B). If a deficiency is not timely cured, the application cannot be processed on its merits and shall be deemed withdrawn. An application shall be made a record of the Department when an application is deemed complete.

E. Restrictions on filing documents unrelated to State Trust Land. The Department shall accept for filing other instruments relating to State Trust Land, such as corporation papers, liens, or mortgages, powers of attorney, affidavits of heirship, death certificates, and other legal documents.

F. Application confers no rights. A pending application to lease, purchase, or use State Trust Land confers no rights to the applicant.

1. The Department may allow a lessee who files a conflicted or non-conflicted application for renewal of a lease to remain in possession or continue to occupy or use the land in accordance with the provisions of the lease sought to be renewed until the application to renew is granted or denied if:

a. The rent is current;

b. The lessee is in possession, or otherwise occupies or uses the land; and

c. The lessee is in good standing under the lease sought to be renewed.

2. A lessee who remains in possession or continues to occupy or use the land in accordance with the provisions of the lease with the Department's permission under this Section shall pay any rent or other monies owed, such as penalty and interest on delinquent rent or irrigation district assessments. If a prior lessee or permittee should not be awarded a renewed lease or permit, the Department shall assess and collect from said lessee or permittee the reasonable value of the use of said land pending action upon the application to renew said lease or permit.

Ariz. Admin. Code § R12-5-104

New Section made by final rulemaking at 11 A.A.R. 92, effective February 5, 2005 (Supp. 04-4). Amended by final rulemaking at 26 A.A.R. 3036, effective 1/5/2021. Amended by final rulemaking at 30 A.A.R. 2360, effective 8/19/2024.