Ariz. Admin. Code § 10-2-124

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

Section R10-2-124 - Reasonable Cause Determinations

If a conciliation agreement under R10-2-123 has not been executed and approved by the Attorney General, or the complaint has not otherwise been dismissed pursuant to R10-2-122(C) - (F), the Attorney General shall determine whether reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur. Any determination shall be based solely on the facts concerning the alleged discriminatory housing practice provided by complainant and respondent or otherwise disclosed during the investigation. In making this determination, the Attorney General shall consider whether the facts concerning the alleged discriminatory housing practice are sufficient to warrant the initiation of a civil action in Superior Court.

1. If the Attorney General determines that reasonable cause exists, the Attorney General shall attempt to conciliate the administrative complaint for a period not to exceed 30 days. If no conciliation is reached within that period, the Attorney General shall file a civil action against the respondent.

2. Nothing in these rules shall prevent the Attorney General from filing a civil action prior to the expiration of the 30-day conciliation period if it appears that conciliation is unlikely to occur within 30 days of the issuance of a finding of reasonable cause to believe that discrimination has occurred.

3. These requirements do not mandate the issuance of a reasonable cause determination prior to the filing of an action under A.R.S. § 41-1491.35.

Ariz. Admin. Code § R10-2-124

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