Ariz. Admin. Code § 4-39-501

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

Section R4-39-501 - Investigations

A. The Board shall investigate any sworn complaint against a person or entity alleging violation of A.R.S. § 32-3001 et seq. or this Chapter. For purposes of this Section, "investigated party" means an entity or person that is the subject of a Board investigation.

B. Board staff may request production of records or information from an investigated party or complainant, and request an interview with an employee or agent of the investigated party. The investigated party may file written objections with the Board regarding the Board's request for production of records or information or an interview within 15 days after receipt of the request. Unless the investigated party timely files an objection to the Board's request, the investigated party shall produce the requested documents or information and make an employee or agent of the investigated party available for interview by the Board. Board staff shall attempt to resolve informally an objection to a request for documents, information, or an interview. If no resolution is reached, the Board shall hear and decide the matter.

C. The Board shall not disclose documents and materials relating to an investigated matter except to the investigated party, until the matter is closed, settled by stipulation, or set for hearing under Title 41, Chapter 6, Article 10.

D. When an investigation is complete, the matter shall be referred to the Board's Complaint Committee for consideration.

E. After consideration of the matter investigated, the Complaint Committee may take

any of the actions specified in A.R.S. § 32-3052(E).

F. If the Complaint Committee refers the matter to the Board, the Board shall assess the information provided and take any of the actions authorized under A.R.S. § 32-3052 ((F) through (J).

Ariz. Admin. Code § R4-39-501

Adopted effective May 21, 1985 (Supp. 85-3). Amended effective February 23, 1993 (Supp. 93-1). Section repealed; new Section made by final rulemaking at 8 A.A.R. 1947, effective April 2, 2002 (Supp. 02-2). Amended by final rulemaking at 22 A.A.R. 921, effective 6/4/2016.