Ariz. Admin. Code § 20-5-682

Current through Register Vol. 30, No. 52, December 27, 2024

Section R20-5-682 - Procedure

A. A complaint of A.R.S. § 23-425(A) discharge or discrimination shall be filed with the Division of Occupational Safety and Health by the employee or by a representative authorized by A.R.S. § 23-408 to do so on the employee's behalf. The complaint shall be written and shall be signed by the person filing the complaint.

B. The date of filing a complaint under A.R.S. § 23-425(B) is the date of receipt of the complaint by the Division. The date of receipt is the date of postmark, date of facsimile transmittal, date of e-mail communication, date of telephone call, date of hand-delivery to a third-party commercial carrier, or date of in-person filing at the Division. If the post-mark is absent or illegible, the date filed is the date the complaint is received by the Division.

C. The Division will accept or deny an employee's withdrawal of a complaint; however the Industrial Commission's investigatory jurisdiction shall not be foreclosed by unilateral action of the employee.

D. The Industrial Commission may resolve an A.R.S. § 23-425 complaint with the employer without the consent of the employee.

E. The Industrial Commission's jurisdiction to investigate and determine A.R.S. § 23-425 complaints is independent of the jurisdiction of other agencies or bodies. The Industrial Commission may defer to the results of other such proceedings where:

1. The rights asserted in those other proceedings are substantially the same as the rights pursuant to A.R.S. § 23-425;

2. The factual issues in such proceedings are substantially the same as the factual issues before the Industrial Commission;

3. The proceedings were fair and regular; and

4. The outcome of the proceedings was not inconsistent with the purposes of this Chapter and the Act.

F. A determination pursuant to A.R.S. § 23-425(C) includes:

1. A decision to not proceed with the case;

2. To defer the case to another forum; or

3. To proceed to litigation in Superior Court.

Ariz. Admin. Code § R20-5-682

Adopted effective May 3, 1989 (Supp. 89-2). R20-5-682recodified from R4-13-682 (Supp. 95-1). Amended by final rulemaking at 30 A.A.R. 2109, effective 6/6/2024.