Ariz. Admin. Code § 17-1-203

Current through Register Vol. 30, No. 45, November 8, 2024

Section R17-1-203 - Dishonored Payments; Fees and Charges; Penalties

A. In addition to the original payment amount, the maker or drawer of a check, draft, order, or electronic payment dishonored because of insufficient monies, payments stopped, or closed accounts shall pay to the Department:

1. A service fee of $25 as provided under A.R.S. §§ 28-372 and 44-6852,

2. Any actual charges assessed to the Department by a financial institution as a result of the dishonored instrument, and

3. Any collection costs due to the Department under A.R.S. § 28-372.

B. For a check, draft, or order dishonored:

1. Insufficient monies include:

a. A check written for less than the minimum amount due,

b. A check drawn against uncollected funds,

c. A check post-dated, or

d. A check stale-dated;

2. Payments stopped include an item marked refer to maker, and

3. Closed accounts include an item marked unable to locate account.

C. For an electronic payment dishonored:

1. Insufficient monies include:

a. A credit limit exceeded,

b. An e-check or other electronic payment failure, or

c. An inaccurate automated clearing house transaction,

2. Payments stopped include a credit card charge back, and

3. Closed accounts include an item marked unable to locate account.

D. Payments, fees, and charges due to the Department under subsection (A), shall be made by:

1. Cash, cashier's check, money order, or credit card for a dishonored check, draft, or order; or

2. Cash, cashier's check, or money order for a dishonored electronic payment.

E. Penalties.

1. A person who does not make payment under subsection (A) on or before the vehicle's registration expiration date is subject to a late title and registration penalty as prescribed under A.R.S. § 28-2162.

2. A person who does not make payment under subsection (A) within 45 days after the date of a written Department notice of a dishonored check, draft, order, or electronic payment is subject to the following actions on the person's license, permit, or registration that was insufficiently funded:

a. For a driver license or permit, as prescribed under A.R.S. § 28-3301(A);

b. For a nonoperating identification license, as prescribed under A.R.S. § 28-3301(F); or

c. For a vehicle registration, as prescribed under A.R.S. § 28-2161(A)(2).

Ariz. Admin. Code § R17-1-203

New Section recodified from R17-4-707 at 7 A.A.R. 3477, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 9 A.A.R. 3822, effective October 4, 2003 (Supp. 03-3). Section repealed; new Section made by final rulemaking at 16 A.A.R. 1994, effective November 13, 2010 (Supp. 10-3).