ADRE LAW BOOK 2025

result in further disciplinary action against the licensee. 2. “Provisional license” means a license that the department issues and that allows a licens ee to practice subject to either a consent order as prescribed in section 32-2153.01 or the commissioner’s terms, conditions and restrictions. 32-2153.01. Consent order; terms In addition to any other authority granted to the commissioner in this chapter to issue orders, the commissioner may issue a consent order on the agreement of both parties to an appealable agency action or a contested case. The order shall include terms that the parties agree on and that the com missioner, in the commissioner’s discretion, believes are appropriate. 32-2154. Cease and desist orders; hearing A. If it appears to the commissioner that any person has engaged, is engaging or is preparing to engage in any act, practice or transaction that constitutes a violation of this chapter or any rule adopted or order issued by the commissioner, the commissioner may issue an order directing any person to cease and desist from engaging in the act, practice or transaction or doing any act in fur therance of the act, practice or transaction, to make restitution or to take appropriate affirmative action, within a reasonable period of time as prescribed by the commissioner, to correct the condi tions resulting from the act, practice or transaction. B. A person aggrieved by a cease and desist order issued by the commissioner pursuant to this section may request a hearing pursuant to title 41, chapter 6, article 10 and the commissioner may issue the order or orders as the commissioner deems necessary to protect the public interest. The commissioner may also bring an action in any court of competent jurisdiction against the person to enjoin the person from continuing in violation of this chapter. These proceedings shall be prompt ly instituted and determined. 32-2155. Restriction on employment or compensation of person as broker or salesperson (Ariz. Sess. Laws Ch. 126, § 3 (2022)) A. A broker shall employ and pay only active licensees, and a licensee shall accept employment and compensation as a licensee only from either or both of the following: 1. The legally licensed broker to whom the licensee is licensed. 2. An employer other than the legally licensed broker as described in paragraph 1 of this subsection if the all of the following apply: (a) The employer holds a license. (b) The licensee is the employer’s employee and receives a federal form W-2 wage and tax statement. (c) The employer has the same employing broker as the licensee. (d) The employer obtains written permission from the employing broker to pay the licensee. B. If the licensee is licensed through a professional corporation or a professional limited liability company, the employing broker may pay and the licensee may receive compensation only through the licensed professional corporation of which the licensee is an officer and shareholder or the li censed professional limited liability company of which the licensee is a member or manager. C. It is unlawful for a person, firm or corporation, whether an obligor, escrow holder or otherwise, to pay or deliver to anyone compensation for performing any of the acts specified by this chapter, as

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