Arizona Administrative Code

Notes Ariz. Admin. Code § R2-15-302 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). Sectio…

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. Notes Ariz. Admin. Code § R2-16-201 Adopted under an exemption from the Administrative Proc…

Notes Ariz. Admin. Code § R2-16-202 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. …

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…

Notes Ariz. Admin. Code § R2-16-204 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. …

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…

Notes Ariz. Admin. Code § R2-16-206 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. …

Notes Ariz. Admin. Code § R2-16-207 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. …

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. Notes Ariz. Admin. Code § R2-16-209 Adopted under an exemption from the Administrative Procedure Act pursuant to Laws 1995, Ch. 281, Section 5; effective October 30, 1996 (Supp. 96-…

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. Notes Ari…

If a complaint can be resolved quickly by mutual agreement, the Office shall attempt to resolve the complaint informally, without resorting to an investigation. Notes Ariz. Admin. Code § R2-16-303 Adopted under an exemption from the Administrative Procedure Act pursuant to Laws 1…

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. Notes Ariz. Admin.…

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…

Notes Ariz. Admin. Code § R2-16-402 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. …

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 …

A. These rules of procedure and the statutes and administrative rules governing administrative hearing procedures under Title 41, Chapter 6, Article 10, A.R.S. §§ 41-1092.03 through 41-1092.12 and A.A.C. R2-19-101 through A.A.C. R2-19-122 govern all appeals to the Water Quality A…

The definitions in A.R.S. 41-1092 apply to this Article. In addition, the terms in this Article have the following meanings: 1. "Appellant" means the person who files a notice of appeal with the Department of Environmental Quality under A.R.S. § 49323. 2. "Board" means the Water …

A. To commence an appeal, the appellant shall file a notice of appeal with the Department of Environmental Quality. The Department of Environmental Quality shall deliver or mail a copy of the notice of appeal to the Clerk of the Water Quality Appeals Board. The appellant shall fi…

A. The Clerk shall maintain a docket of all appeals and assign each appeal a case number. For each appeal, the Clerk shall enter all of the following information on the docket: 1. The case number; 2. The case name; 3. The filing date of the notice of appeal; 4. The receipt date o…

A. Within the time limits for filing, a party shall file the original and 1 copy of all pleadings, motions, or other documents with the Clerk and serve a copy on each party and the administrative law judge, if the Board has delegated hearing powers and duties to the Office of Adm…

A. The notice of appeal shall contain the following statements: 1. "The appellant files this notice of appeal with the Department of Environmental Quality according to A.R.S. § 49-323." 2. "Under A.A.C. R2-17-107, if you, a Respondent in this case, have an interest in the final d…

The Department of Environmental Quality and all parties named by the appellant shall file an answer to appellant's notice of appeal within 20 days from service of the notice of appeal on that party. Notes Ariz. Admin. Code § R2-17-107 Adopted effective January 8, 1998 (Supp. 98-1…

The answer of each respondent shall contain the following information: 1. The name, address, email and telephone number of the respondent preparing the answer and, if the respondent is represented by an attorney, the name, address, telephone number, email and Arizona Bar number o…

A. Within the times set forth in subsection (B), each party shall disclose in writing to every other party:1. The factual basis of the appeal or response; 2. The legal theory upon which the appeal or response is based, including citations of pertinent legal authorities; 3. The na…

The Board may allow the deposition of a witness who cannot be subpoenaed or is unable to attend the hearing, in the manner and upon the terms designated by the Board. The party requesting a deposition shall bear the expense of the deposition. Notes Ariz. Admin. Code § R2-17-110 A…

A. To obtain an order or other relief from the Board other than for rehearing or review as provided in R2-17-125, a party shall make a motion at least 15 days before the Board hearing. Unless the motion is made during a hearing, the party shall make the motion in writing. For all…

A. The Board shall: 1. Conduct the hearing in an impartial, orderly, and informal manner; 2. Regulate the course of the hearing; 3. Rule upon procedural matters incidental to the hearing; 4. Designate the order in which parties introduce their evidence; and 5. Exercise the powers…

All hearings shall be held in Arizona, in Maricopa County, unless the Board finds that it will be more cost effective for the Board and the parties to hold a hearing elsewhere, in which event the Board shall set the location of the hearing. Notes Ariz. Admin. Code § R2-17-113 Ado…

A. If the Board conducts an administrative hearing, the Clerk shall set a date for the hearing no later than 60 days from the date the appellant filed the notice of appeal with the Department of Environmental Quality. The Clerk shall prepare and serve a notice of hearing as presc…

Upon the motion of a party, the Board may consolidate two or more appeals involving a common question of law or fact when consolidation will avoid unnecessary cost or delay. Notes Ariz. Admin. Code § R2-17-115 Adopted effective January 8, 1998 (Supp. 98-1). Amended and renumbered…

A. A party applying for a continuance of a hearing shall file a motion with the Clerk and serve all parties no later than 10 days before the scheduled date of the hearing. The Board may accept a motion filed later than 10 days before the hearing for good cause. The motion shall s…