Ariz. Admin. Code § 13-5-702

Current through Register Vol. 30, No. 45, November 8, 2024

Section R13-5-702 - Disciplinary Procedures

A. Receiving a complaint. A person may file a complaint with an agency asserting that an employee engaged in activity constituting cause for discipline and requesting that the agency head take appropriate disciplinary action against the employee or covered employee.

B. Initiating disciplinary action. An agency head may take appropriate disciplinary action against an employee for any cause listed in A.R.S. § 41-1830.15 or against a covered employee for any cause listed in A.R.S. § 41-773.

C. Interview of an employee. In conducting an interview of an employee being investigated for possible disciplinary action, an agency shall comply with A.R.S. § 38-1104.

D. Time limit for filing a disciplinary action. An agency shall not file a disciplinary action later than 180 days after the date the agency discovers or should have discovered that the employee engaged in alleged activity constituting cause for discipline. The disciplinary action is deemed to be filed when the notice is filed with the Council.

E. Exceptions to the 180-day rule.

1. The time limit in subsection (D) does not run:

a. During the time that any criminal investigation or prosecution is pending in connection with the act, omission or other allegation of misconduct; or

b. During the period of time in which an employee or covered employee who is involved in the investigation is incapacitated or otherwise unavailable; or

c. During the period prescribed in a written waiver of the limitation by the employee or covered employee; or

d. During emergencies or natural disasters during the time period in which the governor has declared a state of emergency within the jurisdictional boundaries of the concerned employer; or

e. During a multijurisdictional investigation, the time limit may be extended for a period of time reasonably necessary to facilitate the coordination of the employers involved.

2. At the request of an agency, the Council may, upon a showing of good cause, extend the time for an agency to file a disciplinary action up to a maximum of 90 days beyond the original 180-day period.

3. If a manager or supervisor is aware of an employee's alleged actions that constitute a criminal offense but fails to act, the time limit does not run during the period of the manager or supervisor's inaction if the supervisor or manager is disciplined for failure to act and:

a. The offense is a misdemeanor involving theft or moral turpitude and is discovered within 180 days after the 180-day period for taking disciplinary action, or

b. The offense is a felony.

4. The agency shall maintain documentation to support any exception to the 180-day time limit, including the dates during which the time limit does not run.

F. Notice of disciplinary action. An agency head shall serve a written notice on the employee or covered employee within 10 days after the agency files the notice of disciplinary action with the Council. Service shall be completed in accordance with R13-5-104(D). The agency head's notice shall include:

1. A statement of the nature of the disciplinary action;

2. Any prior disciplinary action on which the current discipline is based;

3. The effective date of the action;

4. A specific statement of the causes; and

5. A statement of the employee's or covered employee's right to appeal and the time limit in which the employee or covered employee must file an appeal with the Council under R13-5-703(A), (B), and (C).

G. Amended notice of disciplinary action before appeal is filed. At any time before an employee or covered employee files an appeal, the agency head may file with the Council and serve the employee or covered employee or former employee or former covered employee with an amended or supplemental notice of disciplinary action.

H. Effect of dismissal. An employee's or covered employee's dismissal from the agency shall entail:

1. Dismissal from all positions held by the employee or covered employee,

2. Removal of the employee's or covered employee's name from all employment or promotional lists, and

3. Termination of the employee's or covered employee's pay on the date of dismissal.

Ariz. Admin. Code § R13-5-702

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2). Amended by final rulemaking at 12 A.A.R. 1756, effective July 2, 2006 (Supp. 06-2). Amended by final rulemaking at 23 A.A.R. 2564, effective 11/5/2017.