Ariz. Admin. Code § 10-3-306

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

Section R10-3-306 - Investigations and hearings

A. By whom made: After a charge is filed and found to be in proper order, the Division shall make an investigation of the charge.

B. Position statements: The Division may request a party or witness to the proceeding to file on such forms as the Division prescribes a statement or report in writing, under oath, as to all the facts and circumstances concerning a charge filed with the Division pursuant to A.R.S. § 41-1471.

C. Issuance of interrogatories: During the course of investigation, the Division may cause to be issued interrogatories upon any party or witness to the proceeding.

D. Answers to be sworn to by answering party: Interrogatories issued pursuant to R10-3-306(C) shall require that the person addressed answer the interrogatories under oath.

E. Answers to interrogatories to be returned to the Division within 14 days of receipt: Interrogatories issued pursuant to R10-3-306(C) shall be answered and returned to the Division within 14 days of receipt of the interrogatories.

F. Extension of time for answering interrogatories: Any person served with interrogatories issued pursuant to R10-3-306(C) may request of the Division a reasonable extension of time in which to answer the interrogatories. In no event shall such extension of time exceed 21 days from the original date upon which said interrogatories were due. In computing any time period under R10-3-306(A) through (E), such computation shall be governed by Rule 6(A), Arizona Rules of Civil Procedure, A.R.S. Volume 16.

G. Taking of evidence -- investigation and hearing:

1. In connection with the investigation of a charge filed under the Act, the Division or its duly authorized employees shall at all reasonable times have access to, for the purpose of examination, and have the right to copy any evidence of any person being investigated, provided such evidence relates to unlawful practices covered by the Act and is relevant to the charge under investigation.

2. For the purpose of all hearings and investigations conducted by the Board or Division:

a. The Division, on its own initiative, or upon application of any party to the proceeding, may issue a subpoena compelling the attendance and testimony of witnesses or requiring the production for examination or copying of documents provided such evidence relates to unlawful practices covered by the Act and is relevant to the charge which is the subject matter of the hearing or investigation. Within five days after the service of a subpoena on any person requiring the production of any evidence in his possession or under his control, such person may petition the Division to revoke, limit or modify the subpoena. The Division shall revoke, limit or modify such subpoena if in its opinion the evidence required does not relate to unlawful practices covered by the Act, is not relevant to the charge which is the subject matter of the hearing or investigation does not describe with sufficient particularity the evidence whose production is required, or is unduly burdensome or oppressive. Any member of the Division, or any agent designated by the Division may administer oaths or affirmations, examine witnesses and receive such evidence.

b. Any person appearing before the Division or Board shall have the right to be represented by counsel.

c. The Superior Court, upon application by the Division or by the person subpoenaed, shall have jurisdiction to issue an order

i. Requiring such person to appear before the Division, the Board or the duly authorized agent of either, there to produce evidence relating to the matter under investigation if so ordered, or

ii. Revoking, limiting or modifying the subpoena or conditioning issuance of the subpoena upon payment of costs or expenses incurred to comply with the subpoena if in the court's opinion the evidence required does not relate to unlawful practices covered by the Act is not relevant to the charge which is the subject matter of the hearing or investigation, does not describe with sufficient particularity the evidence whose production is required or is unduly burdensome or oppressive.

Any failure to obey such order of the court may be punished by such court as a contempt.

d. Where a subpoena is issued upon the motion of a party to the proceeding other than the Division, the cost of service, witness and mileage fees shall be borne by the party at whose request the subpoena is issued, unless otherwise ordered by the Division. Such witness and mileage fees shall be the same as are paid witnesses in the Superior Court of the state.

H. Taking of testimony -- mechanical recording: A taking of testimony pursuant to R10-3-306(G) may be recorded by other than stenographic means, including but not limited to tape recording.

I. Right to inspect or copy data: A person who submits data or evidence to the Division may retain or, on payment of lawfully prescribed costs, procure a copy or transcript if available, except that a witness may for good cause be limited to inspection of the official transcript of his testimony.

J. Authority to issue subpoenas: A subpoena issued pursuant to A.R.S. § 41-1403 shall be issued only by the Executive Director or an Assistant Attorney General designated by the Division.

K. Modification and or revocation of subpoena: When the party subpoenaed petitions the Division pursuant to A.R.S. § 41-1403(B)(1), for revocation and or modification of the subpoena, the decision to grant and or deny the petition shall be made by the Division Executive Director or an Assistant Attorney General assigned to the Division.

L. Dismissal of a charge: Upon completion of an investigation, if the Division determines that there is not reasonable cause to believe that the charge is true, it shall dismiss the charge and promptly notify the Charging Party and the Respondent, in writing, of such action. Notification to the Charging Party shall include

1. A notice of right to request reconsideration of dismissal,

2. A copy of the Division's finding of no reasonable cause, and

3. Advice concerning his or her rights to proceed in court under the Act.

Ariz. Admin. Code § R10-3-306

Adopted effective September 2, 1977 (Supp. 77-5).