Chapter 5. INDUSTRIAL COMMISSION OF ARIZONA

Historical Note Adopted as an emergency effective October 29, 1980, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 80-5). Emergency expired. R20-5-646 recodified from R4-13-646 (Supp. 95-1).

As used in Sections R20-5-650 through R20-5-669 inclusive, unless the context clearly requires otherwise: “Act” means the Arizona Occupational Safety and Health Act of 1972 (Arizona Revised Statutes, Title 23, Chapter 2, Article 10). “Affected employee” means an employee or autho…

Any person may at any time petition the Commission in writing to revise, amend, or revoke any provisions of rules R20-5-650 through R20-5-669 inclusive. The petition should set forth either the terms or the substance of the rule desired, with a concise statement of the reasons th…

All variances granted hereunder shall have only future effect. In their discretion, the Commission may decline to entertain an application for variance on the subject or issue concerning which a citation has been issued to the employer involved and a proceeding on the citation or…

Every final action granting a variance, shall be published in statewide newspapers. Every such final action shall specify the alternative to the standard involved which the particular variance permits. Historical Note Adopted as an emergency effective October 29, 1980, pursuant t…

A. No particular form is prescribed for applications and other papers which may be filed in proceedings pursuant to R20-5-655 and R20-5-656. However, any applications and other papers shall be clearly legible. An original and six copies of any application and other papers shall b…

A. Any employer, or class of employers, desiring a variance from a standard or regulation or any portion thereof, authorized by A.R.S. § 23-411(B) may file a written application containing the information specified in A.R.S. § 23-411(C) with the Industrial Commission of Arizona, …

A. Any employer, or class of employers, desiring a variance authorized by A.R.S. § 23-412 may file a written application with the Industrial Commission of Arizona, 800 W. Washington, Phoenix, Arizona 85007. B. An application shall contain the information specified in A.R.S. § 23-…

Where a federal variance has been granted with multi-state applicability, including applicability in this state operating under a state plan approved under Section 18 of the Federal Williams-Steiger Occupational Safety and Health Act of 1970, from a standard or portion thereof id…

A. If an application filed pursuant to R20-5-655, R20-5-656, or R20-5-657 does not conform to the applicable Section, the Commission may deny the application. B. The Commission shall cause to be published in statewide newspapers a notice of the filing of an approved application w…

A. Any employer, employee, authorized employee representative, representative, or other person interested in or affected by an order of the Commission may petition for a hearing on the reasonableness and lawfulness of an order issued under A.R.S. §§ 23-411 or 23-412, by a verifie…

The Commission on its own motion or that of any party may consolidate or contemporaneously consider two or more proceedings which involve the same or closely related issues. Historical Note Adopted as an emergency effective October 29, 1980, pursuant to A.R.S. § 41-1003, valid fo…

Upon request for a hearing as provided in this Section, or upon its own initiative, the Commission shall serve, or cause to be served, a reasonable notice of hearing which shall include: 1. The time, place, and nature of the hearing; 2. The legal authority under which the hearing…

Service of any document upon any party may be made by personal delivery of, or by mailing, a copy of the document to the last known address of the party. The person serving the document shall certify to the manner and the date of the service. Historical Note Adopted as an emergen…

A. The Commissioners shall have all powers necessary or appropriate to conduct a fair, full, and impartial hearing, including the following: 1. To administer oaths and affirmations; 2. To rule upon offers of proof and receive relevant evidence; 3. To provide for discovery and to …

A. Upon its own motion or the motion of a party, the Commission may direct the parties or their counsel to meet with them for a conference to consider: 1. Simplification of the issues; 2. Necessity or desirability of amendments to documents for purposes of clarification, simplifi…

A. At any time before the reception of evidence in any hearing, or during any hearing, a reasonable opportunity may be afforded to permit the negotiation by the parties of an agreement containing consent findings and a rule or order disposing of the whole or any part of the proce…

A. For reasons of unavailability or for other good cause shown, the testimony of any witness may be taken by deposition. 1. Depositions may be taken orally or upon written interrogatories before any person designated by the Commission and having power to administer oaths. 2. Any …

A. Except as may be ordered otherwise by the Commission, the party applying for relief shall proceed first at a hearing. B. The party applying for relief shall have the burden of proof. C. A party shall be entitled to present its case or defense by oral or documentary evidence, t…

A. Proposed findings of fact, conclusions, and rules or orders. Within 10 days after completion of the hearing or such additional time as the Commission may allow, each party may file with the Commission proposed findings of fact, conclusions of law, and rule or order, together w…

Any employer, employee, authorized employee representative, representative, or any person in interest is dissatisfied with an order of the Commission may appeal in accordance with A.R.S. § 23-413. Historical Note Adopted as an emergency effective October 29, 1980, pursuant to A.R…

A. This Section applies to any agricultural establishment where a crew of five or more employees are engaged on any given day in hand-labor operations in one location. B. As used in this Section: 1. “Agricultural establishment” means a business operation that uses paid employees …

Historical Note Adopted as an emergency effective October 29, 1980, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 80-5). Emergency expired. R20-5-674 recodified from R4-13-674 (Supp. 95-1).

A. All complaints pursuant to A.R.S. § 23-425 shall relate to conditions at the workplace. The filing of complaints need not be in writing for purposes of this subsection except that those complaints filed pursuant to R20-5-682 shall comply with R20-5-682. The term “filed any com…

To establish a violation of A.R.S. § 23-425(A), the employee shall prove all of the following: 1. The employee was engaged in protected activities as defined in R20-5-680. 2. The employer had actual or implied knowledge of the employee’s protected activities prior to the adverse …

A. A complaint of A.R.S. § 23-425(A) discharge or discrimination shall be filed with the Division of Occupational Safety and Health by the employee or by a representative authorized by A.R.S. § 23-408 to do so on the employee’s behalf. The complaint shall be written and shall be …

A. In cases where ADOSH issues an initial determination to not proceed with a complaint filed under A.R.S. § 23-425, the employee can request reconsideration of the initial determination. B. The request for reconsideration must be filed with, and received by, the ADOSH Director w…

A. For purposes of A.R.S. § 23-1069, “final disposition of a case” occurs when all compensation benefits have been released to a claimant. B. A claimant or attorney filing an application for attorney’s fees under A.R.S. § 23-1069 shall file the application with the Commission Leg…

A. A person alleging fraudulent activities, statements, or representations made in connection with Arizona workers’ compensation claims may file a written complaint with the Fraud Unit. B. The written complaint shall describe the specific actions of the claimant, employer, self-i…

A. The Fraud Unit shall have jurisdiction to investigate allegations of: 1. Claimant fraud related to workers’ compensation claims receiving indemnity or medical benefits. 2. Employer or Carrier fraud related to workers’ compensation insurance coverage, payment of premiums, or pa…

The Fraud Unit shall: 1. Investigate complaints that it has jurisdiction over pursuant to R20-5-703. 2. Develop a written report documenting the formal investigation of a complaint and its findings. 3. Complete its investigation and provide the complainant with the written report…

A. Fraud Unit Investigators may request the submission of papers, documents, reports, or other evidence relating to a formal investigation under A.R.S. § 23-934 and this Section. B. Fraud Unit Investigators may take depositions, subpoena witnesses or documentary evidence, adminis…

A. If after a formal investigation, a complaint is substantiated by a preponderance of the evidence, in addition to submitting a written report to the complainant the Fraud Unit under A.R.S. § 23-934(B), may also report the violations of law to the claimant, claimant’s representa…

Historical Note Adopted effective September 9, 1998 (Supp. 98-3). Section repealed by final rulemaking at 28 A.A.R. 3435 (October 28, 2022), with an immediate effective date of October 5, 2022 (Supp. 22-4).

Historical Note Adopted effective September 9, 1998 (Supp. 98-3). Section repealed by final rulemaking at 28 A.A.R. 3435 (October 28, 2022), with an immediate effective date of October 5, 2022 (Supp. 22-4).

Historical Note Adopted effective September 9, 1998 (Supp. 98-3). Section repealed by final rulemaking at 28 A.A.R. 3435 (October 28, 2022), with an immediate effective date of October 5, 2022 (Supp. 22-4).

Historical Note Adopted effective September 9, 1998 (Supp. 98-3). Section repealed by final rulemaking at 28 A.A.R. 3435 (October 28, 2022), with an immediate effective date of October 5, 2022 (Supp. 22-4).

Historical Note Adopted effective September 9, 1998 (Supp. 98-3). Section repealed by final rulemaking at 28 A.A.R. 3435 (October 28, 2022), with an immediate effective date of October 5, 2022 (Supp. 22-4).

Historical Note Adopted effective September 9, 1998 (Supp. 98-3). Section repealed by final rulemaking at 28 A.A.R. 3435 (October 28, 2022), with an immediate effective date of October 5, 2022 (Supp. 22-4).