Ariz. Admin. Code § 10-2-118

Current through Register Vol. 30, No. 50, December 13, 2024

Section R10-2-118 - Notification of Respondent

A. Within 20 days of the filing of a complaint under R10-2-115 or the filing of an amended complaint under R10-2-116, the Attorney General shall serve a notice on each respondent. A person who is not named as a respondent in a complaint but who is identified in the course of the investigation as a person who is alleged to be engaged, to have engaged, or to be about to engage in the discriminatory housing practice upon which the complaint is based may be joined as an additional or substitute respondent by service of a notice on the person.

B. The notice shall:

1. Identify the alleged discriminatory housing practice upon which the complaint is based and include a copy of the complaint;

2. State the date that the complaint was accepted for filing;

3. Advise the respondent of the time limits to file a response, of the procedural rights and obligations of the respondent, and that the response shall be signed and affirmed by the respondent. The affirmation must state: "I declare under penalty of perjury that the foregoing is true and correct";

4. Advise the respondent of the complainant's right to commence a civil action under the Act in Arizona Superior Court at any time within two years after the occurrence or termination of the alleged discriminatory housing practice or the breach of a conciliation agreement entered into pursuant to A.R.S. § 41-1491.26. The notice shall state that the computation of this two-year period excludes any time during which a subpoena enforcement procedure is pending under this Article with respect to a complaint based on the alleged discriminatory housing practice;

5. If the person is not named in the complaint but is being joined as an additional or substitute respondent, explain the basis for the Attorney General's determination that the joined person is properly joined as a respondent; and

6. Advise the respondent that retaliation against any person because the person made a complaint or testified, assisted, or participated in an investigation or conciliation involving the Act, is a discriminatory housing practice that is prohibited under A.R.S. § 41-1491.18.

Ariz. Admin. Code § R10-2-118

Adopted effective December 2, 1994 (Supp. 94-4).