Arizona Administrative Code

A. Continuing or expediting a hearing. When ruling on a motion to continue or expedite, the administrative law judge shall consider such factors as: 1. The time remaining between the filing of the motion and the hearing date; 2. The position of other parties; 3. The reasons for e…

An administrative law judge shall vacate a calendared hearing and return the matter to the agency for further action, if: 1. The parties agree to vacate the hearing; 2. The agency dismisses the matter; 3. The non-agency party withdraws the appeal; or 4. Facts demonstrate to the a…

A. Form. A party shall request a subpoena in writing from the administrative law judge and shall include: 1. The caption and docket number of the matter; 2. A list or description of any documents sought; 3. The full name and home or business address of the custodian of the docume…

The administrative law judge may grant a motion for telephonic testimony if: 1. Personal attendance by a party or witness at the hearing will present an undue hardship for the party or witness; 2. Telephonic testimony will not cause undue prejudice to any party; and 3. The propon…

A. Generally. A party may present testimony and documentary evidence and argument with respect to the issues and may examine and cross-examine witnesses. B. Preparation. A party shall have all witnesses, documents and exhibits available on the date of the hearing. C. Exhibits. A …

A. Public access. Unless otherwise provided by law, all hearings are open to the public. B. Opening. The administrative law judge shall begin the hearing by reading the caption, stating the nature and scope of the hearing, and identifying the parties, counsel, and witnesses for t…

If a party fails to appear at a hearing, the administrative law judge may proceed with the presentation of the evidence of the appearing party, or vacate the hearing and return the matter to the agency for any further action. Historical Note Section adopted by final rulemaking at…

All witnesses at the hearing shall testify under oath or affirmation. At the request of a party, or at the discretion of the administrative law judge, the administrative law judge may exclude witnesses who are not parties from the hearing room so that they cannot hear the testimo…

A person shall not interfere with access to or from the hearing room, or interfere, or threaten interference with the hearing. If a person interferes, threatens interference, or disrupts the hearing, the administrative law judge may order the disruptive person to leave or be remo…

A. Maintenance. The Office shall maintain the official record of a matter. B. Transfer of record. Before an agency takes final action, the agency may request that the record be available for its review or duplication. Any party requesting a copy of the record or any portion of th…

A. Notification to the Office. Within 10 days of filing a notice of appeal of an agency action resulting from an administrative hearing before the Office, the party shall file a copy of the notice of appeal with the Office. The Office shall then transmit the record to the Superio…

In this Article, unless the context otherwise requires: “Arizona Arts Endowment Fund” means the fund established in A.R.S. § 41-986. “Arts Organization” means an organization that has applied for and received non-profit status under 501(c)(3) of the U.S. internal revenue code and…

A. The Commission shall consider private monies to be a match to the Arizona Arts Endowment Fund if the private monies are contributed as follows: 1. The donor enters into a written agreement with an endowment fund to dedicate the monies permanently; and 2. The donor designates t…

In this Article, unless the context otherwise requires: “Applicant” means an organization that applies for a grant. “Application” means the documentation and material that an applicant submits to request a grant. “Arizona Arts Trust Fund” means the fund created by A.R.S. § 41-983…

To be eligible to receive an Arizona Arts Trust Fund grant under this Article, an applicant shall meet the following requirements: 1. Be based in Arizona; 2. Be a city or county government, be designated as a nonprofit 501(c)(3) organization by the Internal Revenue Service, or be…

A. The following criteria shall be used by the grant review panels and the Commission for reviewing general operating support grants and granting funds from the Arizona Arts Trust Fund: 1. Artistic quality and creativity; 2. Ability of the applicant organization’s programs to ser…

A. The Commission shall establish an annual grant deadline and publish grant guidelines by January 15th of each year. Applications shall be postmarked or delivered by 5:00 p.m. on the grant deadline date. Late applications shall not be filed by the Commission but shall be returne…

In addition to the definitions provided in A.R.S. § 16-961, the following shall apply to the Chapter, unless the context otherwise requires: 1. “Act” means the Citizens Clean Elections Act set forth in the Arizona Revised Statutes, Title 16, Chapter 6, Article 2. 2. “Audit” means…

Historical Note New Section adopted by exempt rulemaking at 6 A.A.R. 1567, effective June 21, 2000 (Supp. 00-2). Section repealed; new Section made by exempt rulemaking at 8 A.A.R. 588, effective October 17, 2001 (Supp. 02-1). Repealed by exempt rulemaking at 19 A.A.R. 3518, effe…

A. General rule: in computing any period of time prescribed or allowed by the Act or these rules, unless otherwise specified, days are calculated by calendar days, and the day of the act, event, or default from which the designated period of time begins to run shall not be includ…

A. A nonparticipating candidate who accepts contributions up to the limits authorized by A.R.S. § 16-941(B), but later chooses to run as a participating candidate, shall: 1. Make the change to participating candidate status during the exploratory and qualifying periods only; 2. R…

A. After a candidate is certified as a participating candidate, pursuant to A.R.S. § 16-947, in accordance with the procedure set forth in R2-20-104, that candidate may collect qualifying contributions only during the qualifying period. B. A participating candidate must submit to…

A. The Commission staff shall not authorize any disbursements to a participating candidate’s campaign account until that candidate submits a sworn, notarized statement stating that under penalty of perjury: 1. All campaign finance reports have been filed. 2. All campaign finance …

A. The Commission shall sponsor debates among statewide and legislative office candidates prior to the primary and general elections. Except as set forth in the subsection below, the Commission shall not be required to sponsor a debate if there is no participating candidate in th…

A. A candidate may voluntarily request termination of his or her participating candidate status at any time prior to notification by the Commission that such candidate has qualified for Clean Elections funding. To withdraw from participating candidate status, a candidate shall se…

A. In accordance with A.R.S. § 16-958(E), all persons obligated to file any campaign finance report under any provisions of Chapter 6, Article 2 of the Arizona Revised Statutes shall file such reports using the Secretary of State’s Internet-based finance-reporting system, except …

A. All participating candidates shall file campaign finance reports that include all receipts and disbursements for their current campaign account as follows: 1. Expenditures for consulting, advising, or other such services to a candidate shall include a detailed description of w…

and Contribution Limits A. Any person may file a complaint with the Commission alleging that any non-participating candidate or that candidate’s campaign committee has failed to comply with or violated A.R.S. § 16-941(B). Complaints shall be processed as prescribed in Article 2 o…

The provisions of A.R.S. § 16-911(B)(4) shall apply to a candidate, whether participating or nonparticipating, who becomes a nominee as defined in A.R.S. § 16-901(38). Historical Note New Section adopted by exempt rulemaking at 6 A.A.R. 1567, effective June 21, 2000 (Supp. 00-2).…

A. The Commission shall publish a candidate statement pamphlet in both the primary and general elections as required by A.R.S. § 16- 956(A)(1). Commission staff shall send invitations for submission of a 200 word statement to every statewide and legislative candidate who has qual…

A. Each participating candidate shall designate a single campaign bank account for conducting campaign financial activity. During an election cycle, each participating candidate shall conduct all campaign financial activities through a single, current election campaign bank accou…

A. All candidates shall maintain, at a single location within the state, the books and records of financial transactions, and other information required by A.R.S. § 16-904. B. All candidates shall ensure that the books and records of accounts and transactions of the candidate are…

These rules provide procedures for processing possible violations of the Citizens Clean Elections Act. Historical Note New Section made by exempt rulemaking at 8 A.A.R. 588, effective November 27, 2001 (Supp. 02-1).

Compliance matters may be initiated by a complaint or on the basis of information ascertained by the Commission in the normal course of carrying out its statutory responsibilities. Historical Note New Section made by exempt rulemaking at 8 A.A.R. 588, effective November 27, 2001 …

A. Any person who believes that a violation of any statute or rule over which the Commission has jurisdiction has occurred or is about to occur may file a complaint in writing to the Executive Director. B. A complaint shall conform to the following: 1. Provide the full name and a…

A. Upon receipt of a complaint, the Administrative Counsel shall review the complaint for substantial compliance with the technical requirements of R2-20-203, and, if it complies with those requirements, shall within five days after receipt notify each respondent that the complai…

A. A respondent shall be afforded an opportunity to demonstrate that no action should be taken on the basis of a complaint by submitting, within 5 days from receipt of a written copy of the complaint, a letter or memorandum setting forth reasons why the Commission should take no …

A. Following either the expiration of the 5 day period specified by A.A.C. R2-20-205 or the receipt of a response as specified by A.A.C. R2-20-205(A), whichever occurs first, the Executive Director: 1. May recommend to the Commission whether it should find reason to believe that …

A. On the basis of information ascertained by the Commission in the normal course of carrying out its statutory responsibilities, or on the basis of a referral from an agency of the state, the Executive Director may recommend in writing that the Commission find reason to believe …

A. If the Commission, either after reviewing a complaint-generated recommendation as described in R2-20-206 and any response of a respondent submitted pursuant to R2-20-205, or after reviewing an internally-generated recommendation as described in R2-20-207, determines by an affi…

A. The Executive Director or any other person designated by the Executive Director shall conduct an investigation in any case in which the Commission finds reason to believe that a violation of a statute or rule over which the Commission has jurisdiction has occurred or is about …

The Commission may issue an order requiring any person to submit sworn, written answers to written questions and may specify a date by which such answers must be submitted to the Commission. Historical Note New Section made by exempt rulemaking at 8 A.A.R. 588, effective November…

A. The Commission may authorize its Executive Director or Assistant Attorney General to issue subpoenas requiring the attendance and testimony of any person by deposition and to issue subpoenas duces tecum for the production of documentary or other tangible evidence in connection…

Historical Note New Section made by exempt rulemaking at 8 A.A.R. 588, effective November 27, 2001 (Supp. 02-1). Section repealed by exempt rulemaking at 11 A.A.R. 4518, effective May 28, 2005 (Supp. 05-4).

A. Any person to whom a subpoena is directed may, prior to the time specified therein for compliance, but in no event more than five days after the date of receipt of such subpoena, apply to the Commission to quash or modify such subpoena, accompanying such application with a bri…

A. Upon completion of the investigation conducted pursuant to R2-20-209, the Executive Director shall prepare a brief setting forth his or her position on the factual and legal issues of the case and containing a recommendation on whether the Commission should find probable cause…

A. If the Commission, after having found reason to believe and after following the procedures set forth in R2-20-214, determines by an affirmative vote of at least three of its members that there is probable cause to believe that a respondent has violated a statute or rule over w…

A. Upon a Commission finding of probable cause to believe that the respondent has violated a statute or rule over which the Commission has jurisdiction, the Executive Director shall attempt to settle the matter as authorized by A.R.S. § 16-957(A) by informal methods of administra…

A. Upon a finding of probable cause that the alleged violator remains out of compliance, the Executive Director may recommend to the Commission that the Commission authorize the issuance of an order and assessment of civil penalties pursuant to A.R.S. § 16-957(B). B. The Commissi…

Historical Note New Section made by exempt rulemaking at 8 A.A.R. 588, effective November 27, 2001 (Supp. 02-1). Section repealed by exempt rulemaking at 11 A.A.R. 4518, effective May 28, 2005 (Supp. 05-4).