Arizona Revised Statutes

Ariz. Rev. Stat. § 40-106 (2026)

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✓ current as of May 2026
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A. The attorney general shall be attorney for the securities division of the commission and the commission for matters arising out of securities division activity.  At the commission’s discretion, the attorneys employed by the securities division may represent the commission in administrative and civil matters arising under title 44, chapter 12 or 13.

B. The executive director of the commission may employ attorneys to represent the commission and each commissioner, in regard to matters in connection with the other powers and duties of the commission.

 

Notes of Decisions
Cited in 2 cases, 1950–1973 · leading case: Kelly v. Bastedo, 220 P.2d 1069 (Ariz. 1950).
Kelly v. Bastedo, 220 P.2d 1069 (Ariz. 1950). · cites it 2× “Therefore, that portion of section 40-106, above quoted, is the controlling provision because it sets out the procedure *377 for determining the net estate.”
Fernandez v. Arizona Water Co., 516 P.2d 49 (Ariz. Ct. App. 1973). · cites it 2× “This *109 designation complies with the requirements of A.R.S. § 40-106(1). The Superior Court ruled that the Commission’s 4 August 1970 decision was a nullity, in that no evidence was offered in the 25 June 1970 hearing to justify the deletion of the subject area from Arizona…”
— Ariz. Rev. Stat. § 40-106(1) — 1 case
Fernandez v. Arizona Water Co., 516 P.2d 49 (Ariz. Ct. App. 1973). “This *109 designation complies with the requirements of A.R.S. § 40-106(1). The Superior Court ruled that the Commission’s 4 August 1970 decision was a nullity, in that no evidence was offered in the 25 June 1970 hearing to justify the deletion of the subject area from Arizona…”
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