Arizona Administrative Code

Historical Note Adopted as an emergency effective January 1, 1985, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-6). Emergency expired. Permanent rule adopted effective April 3, 1985 (Supp. 85-2). Transferred from R2-7-802 (Supp. 91-3). Section repealed by final …

A. The Surplus Property Administrator shall act on behalf of the state in all matters pertaining to the disposition of excess and surplus materials. B. Except as specifically authorized for the Department of Public Safety under A.R.S. § 41-1713(B)(7), the Arizona Exposition and S…

A. Each state governmental unit, at the end of each fiscal year, shall prepare and submit to the General Accounting Administrator an inventory report of all materials warehoused or otherwise held by the unit, verified by a physical count and certified by the unit’s highest-rankin…

A. A state governmental unit shall immediately report theft of nonexpendable materials to the appropriate law enforcement agency. B. Within 10 days after discovery, a state governmental unit shall report lost, stolen, or destroyed nonexpendable materials to the General Accounting…

The Surplus Property Administrator shall: 1. Prepare and file a state plan of operation with the United States General Services Administration. 2. Act on behalf of the state with any federal agencies or other surplus property agencies regarding federal surplus materials. 3. Distr…

A. The Surplus Property Administrator shall determine whether an entity is eligible to acquire federal or state surplus materials. Eligibility for federal surplus materials is determined in accordance with federal law. The determination of whether an entity is eligible for state …

A. The Surplus Property Administrator shall determine and assess proper service and handling fees, with the approval of the Director for the acquisition, receipt, warehousing, rehabilitation, delivery, distribution, or transfer of state surplus materials. The Surplus Property Adm…

A. The Surplus Property Administrator may, after a determination that a portion of the monies in the state surplus materials revolving fund is uncommitted for a period of three months, authorize the State Treasurer to deposit that portion of the monies in a government-insured dep…

A. Except as provided in other law, subsection (B), or subsection (C), the Surplus Property Administrator shall ensure that proceeds from the disposition of excess or surplus materials are retained by the Surplus Property Office. B. Except the Department of Public Safety, under A…

In addition to the definitions provided in A.R.S. § 41-1371, the following apply in this Chapter: 1. “Complainant” means a person who files a complaint with the Office. 2. “Confidential information” means oral or written information, including a record, for which restricted acces…

The Office shall not release to an agency, the public, or anyone else, information that reveals the identity of a complainant or witness without permission from the complainant or witness. Historical Note Adopted under an exemption from the Administrative Procedure Act pursuant t…

Historical Note Adopted under an exemption from the Administrative Procedure Act pursuant to Laws 1995, Ch. 281, Section 5; effective October 30, 1996 (Supp. 96-4). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 1834, effective February 28, 2002 (Supp. 02-1).

The Office shall stop an investigation and close a case if it cannot proceed further without releasing identifying information about a complainant who requested confidentiality. Before stopping the investigation and closing the case for this reason, the Office shall ask the compl…

Historical Note Adopted under an exemption from the Administrative Procedure Act pursuant to Laws 1995, Ch. 281, Section 5; effective October 30, 1996 (Supp. 96-4). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 1834, effective February 28, 2002 (Supp. 02-1).

The Office shall give confidential information received from an agency the same degree of protection as provided by the agency. The Office shall not release confidential agency information to the complainant, or any other person, without the agency’s prior authorization, unless o…

Historical Note Adopted under an exemption from the Administrative Procedure Act pursuant to Laws 1995, Ch. 281, Section 5; effective October 30, 1996 (Supp. 96-4). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 1834, effective February 28, 2002 (Supp. 02-1).

Historical Note Adopted under an exemption from the Administrative Procedure Act pursuant to Laws 1995, Ch. 281, Section 5; effective October 30, 1996 (Supp. 96-4). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 1834, effective February 28, 2002 (Supp. 02-1).

When requested, the Office shall return a confidential document received from a complainant to the complainant. The Office shall not release a confidential document to anyone other than the complainant unless the complainant provides written authorization for release of the docum…

The Office shall not discuss an open complaint investigation with the general public or the media. Historical Note Adopted under an exemption from the Administrative Procedure Act pursuant to Laws 1995, Ch. 281, Section 5; effective October 30, 1996 (Supp. 96-4). Amended by final…

The Office shall make available to the public a summary of a closed case if the Office determines that the summary will assist in the management of a state government program, respond to an inquiry about the performance of a state program, or inform the public about the activity …

A. The Office shall make inquiry of the complainant and the agency to determine whether a complainant has exhausted all reasonable alternatives to resolve a complaint within an agency before initiating an investigation. B. If the complainant has not made a reasonable effort to re…

In accordance with A.R.S. § 41-1377, the Office shall refuse to investigate a complaint filed by a person in the custody of the Department of Corrections, filed by another person on behalf of an inmate, or concerning a rule or substantive policy statement about inmates. Historica…

If a complaint can be resolved quickly by mutual agreement, the Office shall attempt to resolve the complaint informally, without resorting to an investigation. Historical Note Adopted under an exemption from the Administrative Procedure Act pursuant to Laws 1995, Ch. 281, Sectio…

The Office shall not investigate an anonymous complaint. If the Office receives facts from an anonymous source that are compelling and can be reasonably independently verified, the Office may investigate the matter if it is within the scope of A.R.S. § 41-1377. Historical Note Ad…

A. A complaint against an agency shall be filed with the Office in person or by the U.S. Postal Service, telephone, electronic facsimile, or electronic mail. B. A complaint that alleges misconduct by a state employee shall be in writing, signed by the complainant, and filed with …

A. Before investigating an allegation of misconduct by a state employee, the Office shall provide written notice of the pending investigation to the employee and the chief executive officer of the employee’s agency. B. If an investigation of an allegation of misconduct by a state…

When it will not compromise the effectiveness of an investigation, the Office shall exercise the right of access under A.R.S. § 41-1378 by giving the agency at least 10 days notice before conducting interviews, examining necessary records, or requiring the production of informati…

Historical Note Adopted under an exemption from the Administrative Procedure Act pursuant to Laws 1995, Ch. 281, Section 5; effective October 30, 1996 (Supp. 96-4). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 1834, effective February 28, 2002 (Supp. 02-1).

The Office may close a case for any of the following reasons: 1. Discontinued. The ombudsman-citizens’ aide determines that an investigation should be terminated before the investigation is completed because: a. Disclosure of the complainant’s identity is necessary to enable full…

The Office shall make one of the following findings in an investigative report: 1. Substantiated. The investigation establishes that the administrative act did occur and the complainant’s criticism of the administrative act is valid. 2. Partially substantiated. a. In a complaint …

A. In accordance with A.R.S. §§ 41-1376 and 41-1379, the Office shall recommend a resolution to a complaint when a completed investigation results in a finding of “substantiated” or “partially substantiated.” B. The Office shall not recommend that a specific employee disciplinary…

A. Before issuing an opinion or recommendation, the Office shall consult with the agency and send a confidential preliminary report to the agency. B. In accordance with A.R.S. § 41-1379, the Office or agency may share a preliminary report with other state officials only if it is …

A. After the Office receives an agency’s response, if any, to a preliminary report and makes accepted modifications to the preliminary report, or if no timely response is filed, the Office shall send the final report to the chief executive officer of the agency. B. If the Office …

A. The Office shall provide a final response to a complainant. If requested by the complainant, the Office shall provide the final response in writing. B. Before releasing a final report to any person not authorized to receive confidential information, the Office shall purge the …

Unless the context requires otherwise, the following definitions apply: “Accessibility Compliance Representative” is the budget unit’s designated representative for Section 508 compliance matters to receive, investigate and process complaints that allege the budget unit’s failure…

A. If an IT project requires Department or ITAC approval, under A.R.S. Title 41, Chapter 23 and Title 18 Chapter 1, a budget unit shall not commit or spend funds on the project and shall not enter into a project-specific contract or vendor agreement until the budget unit receives…

A. Under A.R.S. Title 18, Chapter 1, each budget unit shall annually develop and submit to the Department an IT Plan containing goals, challenges, and plans. Budget units shall submit IT Plans to the Department each year on or before May 15. The legislative and judicial departmen…

A. A budget unit, which appeals a decision by the Department regarding the disapproval of a budget unit IT Plan or a budget unit IT project, shall file a written appeal with ITAC within 30 days from receipt of notice of the Department decision being appealed. B. An appeal shall i…

A. The Department shall prescribe electronic or information technology accessibility standards as authorized by A.R.S. §§ 18-104 and 18-105. Electronic or information technology products covered by these standards shall comply with all applicable provisions. The Arizona Strategic…

A. Any individual may file a complaint alleging that a budget unit does not comply with accessibility standards in regard to its electronic or information technology with the Accessibility Compliance Representative of the budget unit. The written complaint must: 1. State the name…

A. If a complainant is not satisfied with the complaint response issued by a budget unit, the complaint and the budget unit response can be filed within 30 days of issuance with the Director of the Department. B. The Director or the Department’s representative or representatives …

The following definitions apply unless otherwise stated: 1. “Agency” means the department, board, or commission from which a matter originates. 2. “Matter” means a contested case or appealable agency action. Historical Note Section adopted by final rulemaking at 5 A.A.R. 563, eff…

A. These rules apply to any matter heard by the Office of Administrative Hearings. B. An administrative law judge may waive the application of any of these rules to further administrative convenience, expedition, and economy if: 1. The waiver does not conflict with law, and 2. Th…

A. An agency requesting the Office schedule an administrative hearing shall provide the following information on a form provided by the Office: 1. Caption of the matter, including the names of the parties; 2. Agency matter number; 3. Identification of the matter as a contested ca…

Within 7 days of the Office’s receipt of a request for hearing, the Office shall provide the agency in writing with: 1. The name of the administrative law judge assigned to hear the matter; 2. The date, time, and location of the hearing; and 3. The docket number assigned by the O…

A party shall not communicate, either directly or indirectly, with the administrative law judge about any substantive issue in a pending matter unless: 1. All parties are present; 2. It is during a scheduled proceeding, where an absent party fails to appear after proper notice; o…

A. Purpose. A party requesting a ruling from an administrative law judge shall file a motion. Motions may be made for rulings such as: 1. Consolidation or severance of matters pursuant to R2-19-109; 2. Continuing or expediting a hearing pursuant to R2-19-110; 3. Vacating a hearin…

In computing any time period, the Office shall exclude the day from which the designated time period begins to run. The Office shall include the last day of the period unless it falls on a Saturday, Sunday, or legal holiday. When the time period is 10 days or less, the Office sha…

Questions about these rules? Contact: Name: Jeffery Sanchez Address: Office of Administrative Hearings 1740 W. Adams, Lower Level Phoenix, AZ 85007 Telephone: (602) 542-9832 Fax: (602) 542-9827 Email: Jeffery.sanchez@azoah.com Website: www.azoah.com PREFACE Under Arizona law, the…

A. Standards for consolidation. An administrative law judge may order consolidation of pending matters, if: 1. There are substantially similar factual or legal issues, or 2. All parties are the same. B. Determination. When different administrative law judges are assigned to the m…