Arizona Administrative Code, Title 10 — Law

Chapter 1 DEPARTMENT OF LAW - ATTORNEY GENERAL'S OFFICE

Article 1 DISMISSAL

Ariz. Admin. Code § R10-1-101 Definitions

In this Article, unless the context otherwise requires:

1. "Appellant" means any Assistant Attorney General who has filed an appeal from a dismissal by the Attorney General.

2. "Assistant Attorney General" means any attorney who has not been assigned permanent responsibility for directly supervising other attorneys.

3. "Personnel Review Committee" means a three-member committee which shall review an appeal by an Assistant Attorney General of his or her dismissal and render a decision on such appeal.

4. "Personnel Review Panel" means a panel of five members of the State Bar of Arizona appointed by the Attorney General not later than the 15th of January of each year from which the Personnel Review Committee is selected.

History

• Adopted effective July 27, 1983 (Supp. 83-4).

Ariz. Admin. Code § R10-1-102 Application

A. This Article shall apply to all Assistant Attorneys General hired or transferred into any vacant position by the Department of Law Attorney General on or after July 27, 1983, and to all Assistant Attorneys General employed before July 27, 1983, who have waived their rights under the State Merit System, but before October 1, 1984, and shall not apply to any Assistant Attorney General so hired or transferred after October 1, 1984.

B. The Attorney General may, in his discretion, extend the application of this Article to any Assistant Attorney General hired or transferred into any vacant position on or after October 1, 1984, and who either has been employed by the Attorney General for more than five years or whose responsibilities, experience, and performance, in the opinion of the Attorney General, justify its application.

History

• Adopted effective July 27, 1983 (Supp. 83-4). Amended effective Sept. 20, 1984 (Supp. 84-5).

Ariz. Admin. Code § R10-1-103 Probationary period for Assistant Attorneys General

All Assistant Attorneys General shall serve a probationary period of two years. An Assistant Attorney General may be dismissed by the Attorney General without cause and without the right to a hearing at any time during his or her two-year probationary period.

History

• Adopted effective July 27, 1983 (Supp. 83-4).

Ariz. Admin. Code § R10-1-104 Dismissal of Assistant Attorneys General for cause

A. After serving his or her two-year probationary period, an Assistant Attorney General may be dismissed only for cause.

B. Cause for dismissal shall include the following:

1. Fraud or misrepresentation in securing appointment.

2. Incompetency -- meaning the lack of ability or fitness to discharge the required duties.

3. Inefficiency -- meaning performance below the level of others performing like duties under similar conditions; or the incapacity or indisposition to perform one's duties.

4. Neglect of duty.

5. Insubordination -- meaning disrespectful or contumacious conduct toward a supervisor; or a knowing disregard of express or implied directions; or a refusal to obey a lawful and ethical order issued by a person authorized to issue such order.

6. Dishonesty.

7. Drunkenness on duty.

8. Any unlawful use of narcotics or habit-forming drugs, or any use of or addiction to narcotics or habit-forming drugs which impairs job performance.

9. Conviction of a felony, or conviction of a misdemeanor an element of which is intentional, knowing or reckless conduct. A plea or verdict of guilty to a charge of a felony, or any misdemeanor an element of which is intentional, knowing or reckless conduct is deemed to be a conviction for purposes of this Section.

10. Discourteous treatment of the public or other public employees.

Improper political activity.

Misuse or unauthorized use of state property.

13. Conduct either during or outside duty hours which is of such a nature that it causes discredit to the Attorney General's Office.

14. Any conduct which is inconsistent, incompatible or in conflict with one's official duties as an Assistant Attorney General.

15. Failure to discharge one's responsibilities as an Assistant Attorney General in a timely manner as directed by supervisors.

Failure or refusal to comply with office policies established by the Attorney General.

17. Use or attempted use of one's official position for private advantage.

18. Any other action or pattern of activity that constitutes cause as a matter of law.

History

• Adopted effective July 27, 1983 (Supp. 83-4). Editorial correction, subsection (B), paragraph (8) "lawful" should read "unlawful" as filed for adoption effective July 27, 1983 (Supp. 85-1).

Ariz. Admin. Code § R10-1-105 Dismissal procedure of Assistant Attorneys General

The Attorney General may dismiss any Assistant Attorney General pursuant to A.A.C. R10-1-104, provided that:

1. On or before the effective date of any dismissal of an Assistant Attorney General, the attorney to be dismissed shall be provided with a written statement setting forth the basis for the dismissal in sufficient detail so as to inform him or her of the specific reason or reasons for such action.

2. In the event of an appeal by any Assistant Attorney General of a dismissal, the Attorney General shall provide a copy of the statement setting forth the basis for such dismissal and a copy of the written appeal by the Appellant to the Personnel Review Committee appointed to review such dismissal.

History

• Adopted effective July 27, 1983 (Supp. 83-4).

Ariz. Admin. Code § R10-1-106 Hearing procedure

A. An Assistant Attorney General dismissed pursuant to this Article may appeal such dismissal by filing a written appeal with the Attorney General no later than ten days after his or her notice of dismissal. The appeal shall state, in sufficient detail, specific responses to the cause or causes upon which the dismissal was based.

B. The Attorney General may file a written response to the appeal, which shall be filed within ten days from the receipt of the appeal. A copy of the response shall be sent to the Appellant.

C. Not later than the 15th of January of each year, the Attorney General shall appoint a Personnel Review Panel consisting of five lawyers who are members of the State Bar of Arizona. At least two members of the Panel shall have public law experience and at least one member shall have judicial experience. In the event of an appeal by an Assistant Attorney General of his or her dismissal, the Attorney General and the Appellant shall each be entitled to strike one member of the Personnel Review Panel. The three remaining members of the panel not stricken by either the Attorney General or the Appellant shall serve as the Personnel Review Committee for such appeal and shall render a decision as provided in this rule.

D. The Personnel Review Committee shall conduct a hearing on the appeal within 30 days after the appeal is filed unless the time is extended by mutual consent of the Appellant and the Attorney General. The hearing shall be informally conducted with technical rules of evidence not applying to the proceeding. Both parties may present witnesses and may cross-examine any witnesses called by the other party. The Committee, in its discretion, may call additional witnesses. Both parties shall be given ten days advance notice of the hearing. Not less than five days prior to the hearing each party shall provide the Committee and the opposing party with a list of all witnesses to be presented. All testimony given before the Committee shall be recorded and transcribed by a court reporter and entered as a part of the official record.

E. Either the Appellant or the Attorney General at his own expense may take the deposition of any witness who does not reside within the county or within 100 miles of the place where the hearing is to be held, is out of the state, or is too infirm to attend the hearing.

F. The Personnel Review Committee shall render its decision within 20 days after the conclusion of the hearing and shall at the same time send a copy of its decision to the Attorney General and the Appellant. The Committee shall prepare an official record of the hearing, including all testimony, all exhibits, and all other relevant documents.

G. The Personnel Review Committee may, with the consent of both parties, waive the hearing and render its decision based solely upon the written evidence.

History

• Adopted effective July 27, 1983 (Supp. 83-4).

Ariz. Admin. Code § R10-1-107 Rehearing

A. Either party to an appeal by an Assistant Attorney General from his or her dismissal who is aggrieved by a decision rendered in such appeal may file with the Personnel Review Committee, not later than ten days after service of the decision, a written motion for rehearing or review of the decision specifying the particular grounds therefor.

B. A motion for rehearing under this rule may be amended at any time before it is ruled upon by the Personnel Review Committee. A response may be filed within ten days after service of such motion or amended motion by any other party. The Personnel Review Committee may require the filing of written briefs upon the issues raised in the motion and may provide for oral argument.

C. A rehearing of the decision may be granted on any of the following grounds materially affecting the moving party's rights:

1. Irregularity in the proceedings before the Personnel Review Committee or any order or abuse of discretion, whereby the moving party was deprived of a fair hearing;

2. Misconduct of the Personnel Review Committee or the prevailing party;

3. Accident or surprise which could not have been prevented by ordinary prudence;

4. Newly discovered material evidence which could not with reasonable diligence have been discovered and produced at the original hearing;

5. Excessive or insufficient penalties;

6. Error in the admission or rejection of evidence or other errors of law occurring at the hearing;

7. A decision not justified by the evidence or contrary to law.

D. The Personnel Review Committee may affirm or modify the decision or grant a rehearing as to all or part of the issues for any of the reasons set forth in subsection (C). An order granting a rehearing shall specify with particularity the ground or grounds on which the rehearing is granted, and the rehearing shall cover only those matters so specified.

E. The Personnel Review Committee, within the time for filing a motion for rehearing under this rule, may on its own initiative order a rehearing or review of its decision for any reason for which it might have granted a rehearing on motion of a party. After giving the parties notice and an opportunity to be heard on the matter, the Personnel Review Committee may grant a motion for rehearing, timely served, for a reason not stated in the motion. In either case, the order granting such a rehearing shall specify the ground therefor.

F. When a motion for rehearing is based upon affidavits, they shall be served with the motion. The opposing party may within ten days after such service serve opposing affidavits.

History

• Adopted effective July 27, 1983 (Supp. 83-4).

Article 2 REPEALED

Ariz. Admin. Code § R10-1-201 [REPEALED]

History

• Adopted effective July 27, 1983 (Supp. 83-4). Amended effective May 19, 1988 (Supp. 88-2). Repealed effective November 2, 1995 (Supp. 95-2).

Chapter 2 ATTORNEY GENERAL - FAIR HOUSING

Article 1 FAIR HOUSING

Ariz. Admin. Code § R10-2-101 Definitions

A. Words and phrases defined in A.R.S. §§ 41-1491.04, 41-1491.19, and 41-1491.20, when used in this Article, have the defined meaning.

B. Other definitions:

1. "Accessible", when used with respect to the public and common-use areas of a building containing covered multifamily dwellings, means that the public or common-use areas of the building can be approached, entered, and used by individuals with physical handicaps. The phrase "readily accessible to and usable by" is synonymous with accessible.

2. "Accessible route" means a continuous unobstructed path connecting accessible elements and spaces in a building or within a site that can be negotiated by a person with a severe disability using a wheelchair and that is also safe for and usable by people with other disabilities. Interior accessible routes include corridors, floors, ramps, elevators, and lifts. Exterior accessible routes include parking access aisles, curb ramps, walks, ramps, and lifts. A route that complies with 24 CFR 40 (1993), and no further amendments or additions, incorporated herein by reference and on file with the Office of the Secretary of State and at the Offices of the Attorney General, Civil Rights Division, or a comparable standard is an "accessible route".

3. "Act" means the Fair Housing Act or A.R.S. Title 41, Chapter 9, Article 7.

"Appraisal" means an estimate or opinion of the value of a specified residential real property made in a business context in connection with the sale, rental, financing, or refinancing of a dwelling or in connection with any activity that otherwise affects the availability of a residential real estate-related transaction, whether the appraisal is oral or written, or transmitted formally or informally. The appraisal includes all written comments and other documents submitted as support for the estimate or opinion of value.

5. "Attorney General" means the Attorney General of the state of Arizona, the Civil Rights Section or Division of the Arizona Attorney General's Office, or any person or persons the Attorney General may delegate to act on his or her behalf.

6. "Broker" or "Agent" means any person authorized to act on behalf of another person regarding any matter related to the administration, sale, rental, or lease of dwellings. Acts may include offers, solicitations, contracts, or any residential real estate-related transactions.

7. "Building" means a structure, facility, or portion of a structure or facility that contains or serves one or more dwelling units.

8. "Building entrance on an accessible route" means an accessible entrance to a building that is connected by an accessible route to public transportation stops, to parking and passenger loading zones, or to public streets or sidewalks, if available.

9. "Civil Rights Section" means the Civil Rights Section or Division of the Arizona Attorney General's Office.

10. "Common-use areas" means rooms, spaces, or elements inside or outside a building that are made available for the use of residents of a building or their guests. These areas include hallways, lounges, lobbies, laundry rooms, refuse rooms, mail rooms, recreational areas, parking lots, and passageways among and between buildings.

11. "Drug" means a controlled substance, as defined in schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C. 812(1994)), and no further amendments or additions, incorporated herein by reference and on file with the Office of the Secretary of State and the Arizona Attorney General, Civil Rights Division.

12. "Dwelling unit" means a single unit of residence for a household of one or more persons.

13. "Entrance" means any access point to a building or portion of a building used by residents for the purpose of entering.

14. "Exterior" means all areas of the premises outside of an individual dwelling unit.

15. "First occupancy" means occupancy of a building that has never before been used for any purpose.

16. "Ground floor" means a floor of a building with a building entrance on an accessible route. A building may have more than one ground floor.

"Handicap" means:

a. With respect to an individual:

i. A physical or mental impairment that substantially limits one or more of the major life activities of the individual;

ii. A record of the impairment; or

iii. Being regarded as having such an impairment.

b. Nothing in this Article or the Act excludes from the definition of a "handicap" an individual who:

i. Has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in the illegal use of drugs;

ii. Is participating in a supervised rehabilitation program and is no longer engaging in the illegal use of drugs; or

iii. Is erroneously regarded as engaging in the illegal use of drugs but is not doing so.

c. As used in this definition:

i. "Physical or mental impairment" includes:

(1) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or

(2) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term "physical and mental impairment" includes such diseases and conditions as orthopedic, visual, speech, and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency Virus infection, mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism.

ii. "Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

iii. "Has a record of such an impairment" means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.

iv. "Is regarded as having an impairment" means:

(1) Has a physical or mental impairment that does not substantially limit one or more major life activities but that is treated by another person as constituting such limitation;

(2) Has a physical or mental impairment that substantially limits one or more major life activities only as a result of the attitudes of others toward such an impairment; or

(3) Has none of the impairments defined in subsection (c)(i) of this definition but is treated by another person as having such an impairment.

18. "Illegal use of drugs" means the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act (21 U.S.C. 812) (1994) and no further additions or amendments, incorporated herein by reference and on file with the Office of the Secretary of State and the Arizona Attorney General, Civil Rights Division. Such term does not include the use of a drug taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act (21 U.S.C. 801 et seq.) (1994) and no further additions or amendments, incorporated herein by reference and on file with the Office of the Secretary of State and the Arizona Attorney General, Civil Rights Division.

19. "Interior" means the spaces, parts, components, or elements of an individual dwelling unit.

20. "Modifications" means any change to the public or common-use areas of a building or any change to a dwelling unit.

21. "Premises" means the interior or exterior spaces, parts, components, or elements of a building, including individual dwelling units and the public and common-use areas of a building.

22. "Public-use Areas" means interior or exterior rooms or spaces of a building that are made available to the general public. Public use may be provided at a building that is privately or publicly owned.

"Receipt of notice" occurs when service of notice is completed.

24. "Service of notice" means service instituted by the Attorney General in accordance with A.R.S. § 41-1403 or Rule 4 of the Rules of Civil Procedure.

25. "Site" means a parcel of land bounded by a property line or a designated portion of a public right of way.

History

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

Ariz. Admin. Code § R10-2-102 Fifty-five or Over Housing

A. A housing facility shall be recognized as meeting the definition of "housing for older persons", and thus achieving exemption status, if it meets the standards set forth in A.R.S. § 41-1491.04 and this Section.

B. "Significant facilities and services specifically designed to meet the physical or social needs of older persons", as used in A.R.S. § 41-1491.04(C), include, among others, social and recreational programs, continuing education, information and counseling, recreational, homemaker, outside maintenance and referral services, an accessible physical environment, emergency and preventive health care programs, congregate dining facilities, transportation to facilitate access to social services, and services designed to encourage and assist residents to use the services and facilities available to them. The housing facility does not need to have all of these features to qualify for the exemption under this subsection; or

C. The housing facility can still meet the requirements of A.R.S. § 41-1491.04, even if it is not practicable to provide significant services and facilities designed to meet the physical or social needs of older persons, as long as the owner or manager of the housing facility demonstrates through credible and objective evidence that the provision of significant facilities and services designed to meet the physical or social needs of older persons would result in depriving older persons in the relevant geographic area of needed and desired housing. The following factors, among others, are relevant in meeting the requirements:

1. Whether the owner or manager of the housing facility has endeavored to provide significant facilities and services designed to meet the physical or social needs of older persons either by the owner or by some other entity. Demonstrating that the services and facilities are expensive to provide is not alone sufficient to demonstrate that the provision of such services is impractical;

2. The amount of rent charged, if the dwelling is rented, or the price of the dwelling, if it is offered for sale;

3. The income range of the residents of the housing facility;

4. The demand for housing for older persons in the relevant geographic area;

The range of housing choices for older persons within the relevant geographic area;

6. The availability of other similarly priced housing for older persons in the relevant geographic area. If similarly priced housing for older persons with significant facilities and services is reasonably available in the relevant geographic area, then the housing facility does not meet the requirements of this paragraph; and

7. The vacancy rate of the housing facility.

D. The following factors are relevant in determining whether the owner or manager of a housing facility has complied with the requirements of A.R.S. § 41-1491.04(C)(3):

1. The manner in which the housing facility is described to prospective residents;

2. The nature of any advertising designed to attract prospective residents;

Age verification procedures;

Lease provisions;

5. Written rules and regulations; and

6. Actual practices of the owner or manager in enforcing relevant lease provisions and relevant rules or regulations.

E. A housing facility will not be denied or lose its recognition as "housing for older persons" solely because:

1. There are unoccupied units, provided that at least 80% of such unoccupied units are reserved for occupancy by at least one person 55 years of age or over; or

2. There are units occupied by employees of the housing facility (and family members residing in the same unit) who are under 55 years of age, provided they perform substantial duties directly related to the management or maintenance of the housing.

History

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

Ariz. Admin. Code § R10-2-103 Discrimination in Terms, Conditions, or Privileges in Services or Facilities

A. Conduct prohibited by A.R.S. §§ 41-1491.14(A) and 41-1491.19(A) includes:

1. Failing to accept or consider a bona fide offer because of race, color, religion, sex, handicap, familial status, or national origin.

2. Refusing to sell or rent a dwelling to, or to negotiate for the sale or rental of a dwelling with, any person because of race, color, religion, sex, handicap, familial status, or national origin.

3. Imposing different sales prices or rental charges for the sale or rental of a dwelling upon any person because of race, color, religion, sex, handicap, familial status, or national origin.

4. Using different qualification criteria or applications, sale or rental standards or procedures, such as income standards, application requirements, application fees, credit analysis, or sale or rental approval procedures or other requirements because of race, color, religion, sex, handicap, familial status, or national origin.

5. Evicting tenants because of their race, color, religion, sex, handicap, familial status, or national origin or because of the race, color, religion, sex, handicap, familial status, or national origin of a tenant's guest.

B. Conduct prohibited by A.R.S. § 41-1491.14(B) and 41-1491.19(B) includes:

1. Using different provisions in leases or contracts of sale, such as those relating to rental charges, security deposits, and the terms of a lease, and those relating to down payment and closing requirements, because of race, color, religion, sex, handicap, familial status, or national origin.

2. Failing or delaying maintenance or repairs of dwellings that are rented or are for sale or rent because of race, color, religion, sex, handicap, familial status, or national origin.

3. Failing to process an offer for the sale or rental of a dwelling or to communicate an offer accurately because of race, color, religion, sex, handicap, familial status, or national origin.

Limiting the use of privileges, services, or facilities associated with a dwelling because of the race, color, religion, sex, handicap, familial status, or national origin of an owner or tenant or a person associated with the owner or tenant.

5. Denying or limiting services or facilities in connection with the sale or rental of a dwelling, because a person failed or refused to provide sexual favors.

History

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

Ariz. Admin. Code § R10-2-104 Other Prohibited Sale and Rental Conduct

A. It is unlawful, because of race, color, religion, sex, handicap, familial status, or national origin, to restrict or attempt to restrict the choices of a person by word or conduct in connection with seeking, negotiating for, buying, or renting a dwelling so as to perpetuate, or tend to perpetuate, segregated housing patterns, or to discourage or obstruct choices in a community, neighborhood, or development.

B. It is unlawful, because of race, color, religion, sex, handicap, familial status, or national origin to engage in any conduct relating to the provision of housing or of services and facilities in connection therewith that otherwise makes unavailable or denies dwellings to persons. This prohibition includes:

1. Discharging or taking other adverse action against an employee, broker, or agent because the person refused to participate in a discriminatory housing practice;

2. Employing codes or other devices to segregate or reject applicants, purchasers, or renters; refusing to take or to show listings of dwellings in certain areas because of race, color, religion, sex, handicap, familial status, or national origin; or refusing to deal with certain brokers or agents because they or one or more of their clients are of a particular race, color, religion, sex, handicap, familial status, or national origin;

3. Denying or delaying the processing of an application made by a purchaser or renter or refusing to approve such a person for occupancy in a cooperative or condominium dwelling because of race, color, religion, sex, handicap, familial status, or national origin; and

4. Refusing to provide municipal services or property or hazard insurance for dwellings or providing such services or insurance differently because of race, color, religion, sex, handicap, familial status, or national origin.

C. Conduct prohibited by A.R.S. § 41-1491.16, generally referred to as unlawful steering practices, includes:

1. Discouraging any person from inspecting, purchasing, or renting a dwelling because of race, color, religion, sex, handicap, familial status, or national origin, or because of the race, color, religion, sex, handicap, familial status, or national origin of persons in community, neighborhood, or development;

2. Discouraging the purchase or rental of a dwelling because of race, color, religion, sex, handicap, familial status, or national origin by exaggerating drawbacks or failing to inform of desirable features of a dwelling or of a community, neighborhood, or development;

3. Communicating to any prospective purchaser that he or she would not be comfortable or compatible with existing residents of a community, neighborhood, or development because of race, color, religion, sex, handicap, familial status, or national origin; and

4. Assigning any person to a particular section of a community neighborhood, or development, or to a particular floor of a building because of race, color, religion, sex, handicap, familial status, or national origin.

D. It is unlawful, because of race, color, religion, sex, handicap, familial status, or national origin, to provide inaccurate or untrue information about the availability of dwellings for sale or rental. Prohibited actions under this Section include:

1. Indicating through words or conduct that a dwelling which is available for inspection, sale, or rental has been sold or rented, because of race, color, religion, sex, handicap, familial status, or national origin;

2. Representing that covenants or other deed, trust, or lease provisions which purport to restrict the sale or rental of dwellings because of race, color, religion, sex, handicap, familial status, or national origin preclude the sale or rental of a dwelling to a person;

3. Enforcing covenants or other deed, trust, or lease provisions which preclude the sale or rental of a dwelling to any person because of race, color, religion, sex, handicap, familial status, or national origin;

4. Limiting information, by word or conduct, regarding suitably priced dwellings available for inspection, sale, or rental because of race, color, religion, sex, handicap, familial status, or national origin; and

5. Providing false or inaccurate information regarding the availability of a dwelling for sale or rental to any person, including testers, regardless or whether such person is actually seeking housing, because of race, color, religion, sex, handicap, familial status, or national origin.

History

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

Ariz. Admin. Code § R10-2-105 Blockbusting

A. Conduct prohibited by A.R.S. § 41-1491.17 includes:

1. Engaging, for profit, in conduct (including uninvited solicitations for listings) which conveys to a person that a neighborhood is undergoing or is about to undergo a change in the race, color, religion, sex, handicap, familial status, or national origin of persons residing in it, in order to encourage the person to offer a dwelling for sale or rental; and

2. Encouraging, for profit, any person to sell or rent a dwelling through assertions that the entry or prospective entry of persons of a particular race, color, religion, sex, handicap, familial status, or national origin, can or will result in undesirable consequences for the project, neighborhood, or community such as lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools or other services or facilities.

B. In establishing a discriminatory housing practice under this Section, it is not necessary that there was in fact profit as long as profit was a factor for engaging in the blockbusting activities.

History

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

Ariz. Admin. Code § R10-2-106 Interference, Coercion, or Intimidation

Conduct prohibited by A.R.S. § 41-1491.18 includes the following:

1. Coercing a person, either orally, in writing, or by other means, to deny or limit the benefits provided that person in connection with the sale or rental of a dwelling or in connection with a residential real estate-related transaction because of race, color, religion, sex, handicap, familial status, or national origin;

2. Threatening, intimidating, or interfering with a person in the enjoyment of a dwelling because of the race, color, religion, sex, handicap, familial status, or national origin of the person, or of visitors or associates of the person;

3. Threatening an employee or agent with dismissal or an adverse employment action, or taking such adverse employment action, for any effort to assist a person seeking access to the sale or rental of a dwelling or seeking access to any residential real estate-related transaction, because of the race, color, religion, sex, handicap, familial status, or national origin of that person or of any person associated with that person;

Intimidating or threatening any person because that person is engaging in activities designed to make other persons aware of, or encouraging other persons to exercise, rights granted or protected by the Act; and

5. Retaliating against any person because that person has made a complaint, testified, assisted, or participated in any manner in a proceeding under the Act.

History

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

Ariz. Admin. Code § R10-2-107 General Prohibitions Against Discrimination Because of Handicap

It is unlawful under A.R.S. § 41-1491.19 to make an inquiry to determine whether an applicant for a dwelling, a person intending to reside in a dwelling after it is sold, rented, or made available, or any person associated with that person, has a handicap or to make inquiry as to the nature or severity of a handicap of such a person. Neither the Act nor this Article prohibits the following inquiries, provided these inquiries are made of all applicants, whether or not they have handicaps:

1. Inquiry into an applicant's ability to meet the bona fide requirements of ownership or tenancy;

2. Inquiry to determine whether an applicant is qualified for a dwelling available only to persons with handicaps or to persons with a particular type of handicap;

3. Inquiry to determine whether an applicant for a dwelling is qualified for a priority available to persons with handicaps or to persons with a particular type of handicap;

4. Inquiring whether an applicant for a dwelling is a current illegal drug abuser or addict of a controlled substance; and

5. Inquiring whether an applicant has been convicted of the illegal manufacture or distribution of a controlled substance.

History

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

Ariz. Admin. Code § R10-2-108 Reasonable Modifications of Existing Premises

A. The landlord may not increase for handicapped persons the customarily required security deposit; however, to ensure that funds will be available to pay for the restorations at the end of the tenancy, the landlord may negotiate as part of such a restoration agreement a provision requiring that the tenant pay into an interest-bearing escrow account, over a reasonable period, an amount of money not to exceed the cost of the restorations. The interest in any such account shall accrue to the benefit of the tenant.

B. A landlord may condition permission for a modification on the renter providing a description of the proposed modifications as well as assurances that the work will be done in a workmanlike manner and that any required building permits will be obtained.

C. When an interior modification will not interfere with the landlord's, or a subsequent tenant's use and enjoyment of the premises, the landlord shall not require the tenant to remove the alteration at the end of the lease, or condition approval of a modification on the tenant paying for the restoration of the property at the conclusion of the lease.

History

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

Ariz. Admin. Code § R10-2-109 Design and Construction Requirements

A. Covered multifamily dwellings for first occupancy after March 13, 1991, shall be designed and constructed to have at least one building entrance on an accessible route unless it is impractical to do so because of the terrain or unusual characteristics of the site. For purposes of this Section, a covered multifamily dwelling shall be deemed to be designed and constructed for first occupancy on or before March 13, 1991, if the dwelling is occupied by that date, or if the certificate of occupancy was issued, or a building permit or renewal for the dwelling was issued by a state, county, or local government before March 13, 1991. The burden of establishing impracticality because of terrain or unusual site characteristics is on the person or persons who owns or contracted for the construction of the housing facility.

B. All covered multifamily dwellings for first occupancy after March 13, 1991, with a building entrance on an accessible route shall have:

Public and common-use areas, if any, that are readily accessible to and usable by handicapped persons;

2. All doors into and throughout the premises that are sufficiently wide to allow passage of handicapped persons in wheelchairs; and

3. The following features of adaptable design:

a. An accessible route into and through the covered dwelling unit;

b. Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;

c. Reinforcements in bathroom walls to allow later installation of grab bars around the toilet, tub, shower stall, and shower seat where such facilities are provided; and

d. Kitchens and bathrooms that permit an individual in a wheelchair to maneuver about the space.

C. Compliance with the applicable requirements of 24 CFR 40 (1993), incorporated by reference and with no additions or amendments, satisfies the requirements of paragraph (B)(3).

History

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

Ariz. Admin. Code § R10-2-110 Discrimination in the Making of Loans and in the Provision of Other Financial Assistance

A. Conduct prohibited by A.R.S. § 41-1491.20 includes:

1. Failing or refusing to provide to any person in connection with a residential real estate-related transaction information regarding the availability of loans or other financial assistance, application requirements, procedures, or standards for the review and approval of loans or financial assistance, or providing information which is inaccurate or different from that provided others, because of race, color, religion, sex, handicap, familial status, or national origin;

2. Purchasing loans or other debts or securities which relate to, or which are secured by dwellings in certain communities or neighborhoods but not in others because of the race, color, religion, sex, handicap, familial status, or national origin of persons in such neighborhoods or communities;

Pooling or packaging loans or other debts or securities which relate to, or which are secured by, dwellings differently because of race, color, religion, sex, handicap, familial status, or national origin; and

4. Imposing or using different terms or conditions in the marketing or sale of securities issued on the basis of loans or other debts or securities which relate to, or which are secured by dwellings because of race, color, religion, sex, handicap, familial status, or national origin.

B. It shall be unlawful for any person or entity engaged in the making of loans or in the provision of other financial assistance relating to the purchase, construction, improvement, repair, or maintenance of dwellings, or which are secured by residential real estate, to impose different terms or conditions for the availability of such loans or other financial assistance because of race, color, religion, sex, handicap, familial status, or national origin. Unlawful conduct includes:

1. Using different policies, practices, or procedures in evaluating or in determining credit-worthiness of any person in connection with the provision of any loan or other financial assistance for a dwelling or for any loan or other financial assistance which is secured by residential real estate because of race, color, religion, sex, handicap, familial status, or national origin; and

2. Determining the type of loan or other financial assistance to be provided with respect to a dwelling, or fixing the amount, interest rate, duration, or other terms for a loan or other financial assistance for a dwelling which is secured by residential real estate, because of race, color, religion, sex, handicap, familial status, or national origin.

C. Notwithstanding A.R.S. § 41-1491.05, it is unlawful to use an appraisal of residential real property in connection with the sale, rental, or financing of any dwelling where the person knows or reasonably should know that the appraisal improperly takes into consideration race, color, religion, sex, handicap, familial status, or national origin.

D. It is unlawful for any person or entity engaged in the purchasing of loans or other debts or securities which support the purchase, construction, improvement, repair, or maintenance of a dwelling, or which are secured by residential real estate, to refuse to purchase such loans, debts, or securities, or to impose different terms or conditions for such purchases, because of race, color, religion, sex, handicap, familial status, or national origin.

E. This Section does not prevent consideration, in the purchasing of loans, of factors justified by business necessity, including requirements of federal law, relating to a transaction's financial security or to protection against default or reduction of the value of the security. A business necessity connotes an irresistible demand, and not only fosters the above goals but is essential to them. This provision does not preclude necessary considerations employed in normal and prudent transactions, provided that no such factor may in any way relate to race, color, religion, sex, handicap, familial status, or national origin.

History

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

Ariz. Admin. Code § R10-2-111 Discrimination in the Provision of Brokerage Services

Conduct prohibited by A.R.S. § 41-1491.21 includes:

1. Setting different fees for access to or membership in a multiple listing service because of race, color, religion, sex, handicap, familial status, or national origin;

2. Denying or limiting benefits accruing to members in a real estate brokers' organization because of race, color, religion, sex, handicap, familial status, or national origin;

3. Imposing different standards or criteria for membership in a real estate sales or rental organization because of race, color, religion, sex, handicap, familial status, or national origin; and

4. Establishing geographic boundaries or office location or residence requirements for access to or membership or participation in any multiple listing service, real estate brokers' organization or other service, organization or facility relating to the business of selling or renting dwellings, because of race, color, religion, sex, handicap, familial status, or national origin.

History

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

Ariz. Admin. Code § R10-2-112 Discrimination in Advertising

A. The prohibitions in this Section apply to all written or oral notices or statements by a person engaged in the sale or rental of a dwelling. Written notices and statements include any applications, flyers, brochures, deeds, signs, banners, posters, billboards, or any other documents used with respect to the sale or rental of a dwelling.

B. Discriminatory notices, statements, and advertisements include:

1. Using words, phrases, photographs, illustrations, symbols, or forms which convey that dwellings are available or not available to a particular group of persons because of race, color, religion, sex, handicap, familial status, or national origin;

2. Expressing to agents, brokers, employees, prospective sellers or renters, or any other persons a preference for or limitation on any purchaser or renter because of race, color, religion, sex, handicap, familial status, or national origin of such persons;

3. Selecting media or locations for advertising the sale or rental of dwellings which deny particular segments of the housing market information about housing opportunities because of race, color, religion, sex, handicap, familial status, or national origin;

4. Refusing to publish advertising for the sale or rental of dwellings or requiring different charges or terms for such advertising because of race, color, religion, sex, handicap, familial status, or national origin.

C. The Attorney General shall review the following criteria in evaluating complaints alleging discriminatory housing practices involving advertising and in determining whether there is reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur:

1. Use of words, phrases, symbols, and forms in residential real estate advertising to convey either overt or tacit discriminatory preferences or limitations as set forth at 24 CFR 109.20 (1993), and 24 CFR 109.25 (1993) with no further amendments or additions, and which are on file with the Office of the Secretary of State and at the Offices of the Attorney General, Civil Rights Division;

2. Use of symbols or logotypes which imply or suggest race, color, religion, sex, handicap, familial status, or national origin;

3. Use of colloquialisms, including words or phrases used regionally or locally, which imply or suggest race, color, religion, sex, handicap, familial status, or national origin;

4. Use of maps or written instructions directing potential purchasers or renters to real estate for sale or rent which imply a discriminatory preference, limitation, or exclusion; and

5. Reference to area (location) description by use of names of facilities that cater to a particular racial, national origin, or religious group, including country club or private school designations, or by names of facilities which are used exclusively by one sex.

D. Nothing in this rule restricts advertisements of dwellings from stating or implying that the housing being advertised is available to persons of only one sex and not the other, where the sharing of living areas is involved, such as dwellings used exclusively for living quarters by educational institutions.

E. Nothing in this rule restricts the inclusion of information about the availability of accessible housing in advertising of dwellings.

F. Nothing in this rule restricts advertisements of dwellings which are intended and operated for occupancy by older persons and which constitute "housing for older persons" as defined in A.R.S. § 41-1491.04.

G. Nothing in this Section shall be construed to restrict advertising efforts designed to attract persons to dwellings who would not ordinarily be expected to apply when such efforts are pursuant to an affirmative marketing program or undertaken to remedy the effects of prior discrimination in connection with the advertising or marketing of dwellings.

History

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

Ariz. Admin. Code § R10-2-113 Selective Use of Advertising Media or Content

The selective use of advertising media or content in particular combinations used exclusively for a housing development or site which leads to discriminatory results is a violation of the Act. In determining whether a media advertising campaign is violative of the Fair Housing Act, the Attorney General shall consider the following factors:

1. The use of English media alone or the exclusive use of media catering to the majority population in an area when, in the area, there are also available non-English or other minority media; and

2. The selective use of human models which primarily cater to one racial, sexual, or national origin segment of the population without a complementary advertising campaign that is directed at other groups.

History

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

Ariz. Admin. Code § R10-2-114 Fair Housing Policy and Practices

In the investigation of complaints, the Attorney General shall consider the following as evidence of compliance with the prohibitions against discrimination in advertising under the Act.

1. Use of Equal Housing Opportunity logotype, statement, or slogan. All advertising of residential real estate for sale, rent, or financing shall contain an equal housing opportunity logotype, statement, or slogan as a means of educating the home-seeking public that the property is available to all persons regardless of race, color, religion, sex, handicap, familial status, or national origin.

2. Use of human models. Human models in photographs, drawings, or other graphic techniques shall not be used to indicate exclusiveness because of race, color, religion, sex, handicap, familial status, or national origin. If models are used in display advertising campaigns, the models shall be clearly definable as reasonably representing majority and minority groups in the metropolitan area, both sexes, and, when appropriate, families with children. Models, if used, shall portray persons in an equal social setting and indicate to the general public that the housing is open to all without regard to race, color, religion, sex, handicap, familial status, or national origin, and is not for the exclusive use of one such group;

3. Coverage of local laws. Whether the advertisement includes a statement regarding the coverage of any local fair housing or human rights ordinance prohibiting discrimination in the sale, rental, or financing of dwellings; and

4. Notification of fair housing policy.

a. Employees. Whether the publisher of the advertisement, the advertising agency, and the firm engaged in the sale, rental, or financing of real estate provided a printed copy of their nondiscrimination policy to each employee and officer.

b. Clients. Whether the publishers of the advertisement and the advertising agency posted a copy of their nondiscrimination policy in a conspicuous location wherever persons place advertising and have copies available for all firms and persons using its advertising services.

c. Publishers' notice. Whether the publisher published at the beginning of the real estate advertising section a statement regarding the coverage of any local fair housing or human rights ordinance prohibiting discrimination in the sale, rental, or financing of dwellings.

History

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

Ariz. Admin. Code § R10-2-115 Complaints

A. A complaint that any person has engaged in or is engaging in an unlawful housing practice within the meaning of the Act may be filed by or on behalf of a person claiming to be aggrieved or by the Attorney General not later than one year after an alleged discriminatory housing practice has occurred or terminated.

B. A complaint may be filed against any person alleged to be engaged, to have engaged, or to be about to be engaged, in a discriminatory housing practice.

C. A complaint may also be filed against any person who directs or controls, or has the right to direct or control, the conduct of another person with respect to any aspect of the sale, rental, advertising, insuring, or financing of dwellings or the provision of brokerage services relating to the sale or rental of dwellings, if that other person acting within the scope of his or her authority as an employee or agent of the directing or controlling person, is engaged, has engaged, or is about to engage, in a discriminatory housing practice.

D. Complainants may file complaints in person or by mail to: Attorney General, Civil Rights Section, 1275 West Washington, Phoenix, Arizona 85007, or Attorney General, Tucson Office, Civil Rights Section, 402 Congress West, Tucson, Arizona 85701, or such alternate or additional offices as the Attorney General may from time to time establish.

E. Complainants may provide information necessary to state a violation of the Act by telephone to the Civil Rights Section. The Civil Rights Section shall reduce the information provided by telephone to writing on the prescribed complaint form and shall send the form to the complainant to be signed and affirmed. Such a complaint shall be deemed to have been filed on the date that the information has been telephonically taken, provided that the complainant subsequently signs and affirms the complaint.

F. Each complaint shall be in writing and shall be signed and affirmed by the person filing the complaint. The signature and affirmation may be made at any time during the investigation. The affirmation shall state:

"I believe under penalty of perjury that the foregoing is true and correct."

G. Complaint forms shall be available in the Civil Rights Section of the Attorney General's Office. The Attorney General shall accept as timely pursuant to A.R.S. § 41-1491.22(C) any written statement which substantially sets forth in accordance with subsection (H) the allegations of a discriminatory housing practice under the Act, if the Complainant signs and affirms the complaint on the required form at any time during the investigation. The Attorney General shall provide assistance in filling out forms and in filing a complaint.

H. Each complaint shall contain the following information:

1. The name and address of an aggrieved person;

2. The name and address of a respondent;

3. A description and the address of the dwelling which is involved, if appropriate; and

4. A concise statement of the facts, including pertinent dates, constituting the alleged discriminatory housing practice.

I. Except as provided in subsection (E), a complaint is filed when it is received by the Civil Rights Section of the Attorney General's Office.

J. A complaint is timely filed if, within the one-year period for the filing of complaints, written information identifying the parties and describing generally the alleged discriminatory housing practice is filed as provided in subsection (E), (G), or (H).

K. Where a complaint alleges a discriminatory housing practice that is continuing, as manifested by a number of incidents of such conduct, the complaint shall be timely if filed within one year of the last alleged occurrence of that practice.

History

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

Ariz. Admin. Code § R10-2-116 Amendment of Complaints

Complaints may be amended at any time. Amendments may be used:

1. To cure technical defects or omissions, including failure to sign or affirm a complaint;

2. To clarify or amplify the allegations in a complaint; or

3. To join additional or substitute respondents or aggrieved persons as complainants. Except for the purpose of notifying new respondents under R10-2-118, amended complaints shall be considered as having been made as of the original filing date.

History

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

Ariz. Admin. Code § R10-2-117 Notification to the Complainant

Upon the filing of a complaint, the Attorney General shall serve a notice upon each complainant on whose behalf the complaint was filed. The notice shall:

1. Acknowledge the filing of the complaint and state the date that the complaint was accepted for filing;

2. Include a copy of the complaint;

3. Advise the complainant of the time limits applicable to complaint processing and of the procedural rights and obligations of the aggrieved person under this Article;

4. Advise the complainant of his or her right to commence a civil action under A.R.S. § 41-1491.31 in an appropriate court, not later than two years after the occurrence or termination of the alleged discriminatory housing practice or the breach of a conciliation agreement entered into pursuant to A.R.S. § 41-1491.26. The notice shall state that the computation of this two-year period excludes any time during which a subpoena enforcement procedure is pending under this Article; and

5. Advise the complainant that retaliation against the complainant or any other person because of the filing of a complaint or because the person testified, assisted, or participated in an investigation or conciliation under this Article is a discriminatory housing practice that is prohibited by A.R.S. § 41-1491.18.

History

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

Ariz. Admin. Code § R10-2-118 Notification of Respondent

A. Within 20 days of the filing of a complaint under R10-2-115 or the filing of an amended complaint under R10-2-116, the Attorney General shall serve a notice on each respondent. A person who is not named as a respondent in a complaint but who is identified in the course of the investigation as a person who is alleged to be engaged, to have engaged, or to be about to engage in the discriminatory housing practice upon which the complaint is based may be joined as an additional or substitute respondent by service of a notice on the person.

B. The notice shall:

1. Identify the alleged discriminatory housing practice upon which the complaint is based and include a copy of the complaint;

2. State the date that the complaint was accepted for filing;

3. Advise the respondent of the time limits to file a response, of the procedural rights and obligations of the respondent, and that the response shall be signed and affirmed by the respondent. The affirmation must state: "I declare under penalty of perjury that the foregoing is true and correct";

4. Advise the respondent of the complainant's right to commence a civil action under the Act in Arizona Superior Court at any time within two years after the occurrence or termination of the alleged discriminatory housing practice or the breach of a conciliation agreement entered into pursuant to A.R.S. § 41-1491.26. The notice shall state that the computation of this two-year period excludes any time during which a subpoena enforcement procedure is pending under this Article with respect to a complaint based on the alleged discriminatory housing practice;

5. If the person is not named in the complaint but is being joined as an additional or substitute respondent, explain the basis for the Attorney General's determination that the joined person is properly joined as a respondent; and

6. Advise the respondent that retaliation against any person because the person made a complaint or testified, assisted, or participated in an investigation or conciliation involving the Act, is a discriminatory housing practice that is prohibited under A.R.S. § 41-1491.18.

History

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

Ariz. Admin. Code § R10-2-119 Answer to a Complaint

The respondent may file an answer not later than ten days after receipt of the notice and copy of the complaint described in R10-2-118 . The answer shall be signed and affirmed by the respondent. The affirmation shall state: "I declare under penalty of perjury that the foregoing is true and correct".

History

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

Ariz. Admin. Code § R10-2-120 Investigations

A. Upon the filing of a complaint under R10-2-115, the Attorney General shall initiate an investigation to:

1. Obtain information concerning the events or transactions that relate to the alleged discriminatory housing practice identified in the complaint;

2. Document policies or practices of the respondent involved in the alleged discriminatory housing practice arising out of the complaint or the investigation of the complaint;

3. Obtain information concerning and document policies or practices of housing discrimination which suggest that the respondent is currently engaging in other housing practices or policies which are in violation of the Act; and

Develop factual data necessary for the Attorney General to make a determination under R10-2-124 whether reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, and to take other actions provided for under this Act.

B. During the course of this investigation, the Attorney General may develop data by formal and informal means including propounding interrogatories, conducting formal and informal interviews of witnesses, conducting on-site inspections of the property and dwelling, and issuing subpoenas and subpoenas duces tecum.

1. Interrogatories: The Attorney General's office may cause to be issued interrogatories upon any person. Interrogatories issued pursuant to this rule shall require that the person to whom the interrogatories are addressed answer those interrogatories under oath or affirmation. Interrogatories issued pursuant to this rule shall be answered and returned to the Attorney General's Office within 14 days of the receipt of the interrogatories except that any person served with such interrogatories may request of the Attorney General an extension of time in which to answer the interrogatories. Such extension may be granted upon a showing of good cause.

2. Subpoenas: The Attorney General may issue a subpoena compelling the attendance and testimony of a witness 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 complaint which is being investigated or arises out of the investigation of the complaint. Except upon good cause or upon agreement of the witness, such subpoena shall provide a minimum of five days' notice before the witness must appear or produce documents. Within five days after the service of a subpoena on any person requiring the production of any evidence in the person's possession or control, such person may petition the Attorney General to revoke, limit, or modify the subpoena. The Attorney General shall revoke, limit, or modify such subpoena if in its opinion the evidence required:

a. Does not relate to unlawful practices prohibited by the Act;

b. Is not relevant to the complaint which is being investigated;

c. Does not describe with sufficient particularity the evidence whose production is required; or

d. Is unduly burdensome or oppressive.

3. Witness interviews: All witness interviews may be under oath or affirmation. Any member of the Attorney General's office, or any agent designated by that office, may administer oaths or affirmations, examine witnesses, and receive evidence. Any person appearing before the Attorney General shall have the right to be represented by counsel. The Attorney General may re-interview a witness. Testimony provided in connection with any investigation conducted pursuant to A.R.S. § 41-1491.24 may be recorded by audio or video recording equipment, stenographic means, or other devices. A person who submits data or evidence to the Attorney General may retain or, on payment of lawful prescribed costs, procure a copy or transcript, if available, of the data or evidence submitted by that witness. A person who testifies before the Attorney General may obtain a copy of his or her own testimony upon request and upon providing the Attorney General with a blank audio or video tape of appropriate length.

4. On-site inspections: Any representative of the Attorney General's office may enter upon a property or dwelling which is the subject of a complaint of discrimination under the Act at reasonable hours, for purposes of inspecting such property or dwelling in connection with such complaint.

5. Time periods: Any time periods established under subsection (B) shall be governed by Rule 6(a), Arizona Rules of Civil Procedure (1993).

History

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

Ariz. Admin. Code § R10-2-121 Reserved

Ariz. Admin. Code § R10-2-122 Dismissal of Complaints

The Attorney General may dismiss a complaint alleging an unlawful discriminatory housing practice under the following circumstances:

1. A party or parties and the Attorney General have entered into a conciliation agreement relating to the complaint;

2. The Attorney General has determined that no reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur;

3. The complainant has failed to cooperate with requests by the Attorney General for information necessary to investigate the complaint of discrimination, after having received notice that this failure to cooperate will result in dismissal of the complaint;

4. The complainant is no longer located at the address stated in the complaint of discrimination and the Attorney General is unable to locate the complainant, despite reasonable attempts to do so;

5. The Attorney General has determined that is lacks jurisdiction to investigate the complaint; and

6. The Attorney General has approved a complainant's request to withdraw the complaint.

History

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

Ariz. Admin. Code § R10-2-123 Conciliation

A. During the period beginning with the filing of the administrative complaint and ending with the issuance of a complaint in superior court or the dismissal of the administrative complaint by the Attorney General, the Attorney General shall attempt to conciliate the administrative complaint.

B. In conciliating an administrative complaint, the Attorney General shall attempt to achieve a just resolution and obtain assurances that the respondent will remedy any violations of the rights of the aggrieved person and take such action as will assure the elimination of discriminatory housing practices, or the prevention of their recurrence.

C. Where the rights of the aggrieved person and the respondent can be protected, the Attorney General may suspend fact finding and engage in efforts to resolve the complaint by conciliation.

D. The terms of a settlement of an administrative complaint shall be reduced to a written conciliation agreement. The conciliation agreement shall seek to protect the interests of the aggrieved person, other persons similarly situated, and the public interest. The types of relief that may be sought for the aggrieved person are described in subsection (F). The provisions that may be sought for the vindication of the public interest are described in subsection (H).

E. The Attorney General may issue a determination under R10-2-124 if the aggrieved person and the respondent have executed a conciliation agreement that has not been approved by the Attorney General or its agent.

F. The following types of relief may be sought (without limitation) for aggrieved persons in conciliation:

1. Monetary relief in the form of damages, including compensatory damages for out-of-pocket losses, emotional distress, humiliation, embarrassment, inconvenience, and lost housing opportunity, and punitive damages and attorney fees and costs;

2. Equitable relief, including access to the dwelling at issue or to a comparable dwelling, provision of services or facilities in connection with a dwelling, reasonable accommodation of handicap, or other specific relief; and

Affirmative relief, including fair housing training, and posting of approved fair housing notices or rules, and injunctive relief appropriate to the elimination of discriminatory housing practices.

G. The conciliation agreement may provide for binding arbitration of the dispute arising from the complaint. Arbitration may award appropriate relief as described in subsection (F). The aggrieved person and the respondent may, in the conciliation agreement, limit the types of relief that may be awarded under binding arbitration.

H. The following types of provisions will vindicate the public interest:

1. Elimination of discriminatory housing practices;

2. Prevention of future discriminatory housing practices;

3. Remedial affirmative activities designed to overcome discriminatory housing practices;

4. Reporting requirements;

5. Monitoring and enforcement activities; and

6. Fair housing training.

I. If the complainant cannot be located, withdraws his complaint, or the Attorney General determines that there is not reasonable cause to believe that discrimination has occurred or is expected to occur with respect to the complainant, the Attorney General may enter into a conciliation agreement with one or more of the respondents to vindicate the public interest.

J. The Attorney General shall terminate its efforts to conciliate the administrative complaint if the respondent or aggrieved person fails or refuses to confer with the Attorney General; the aggrieved person or the respondent fails to make a good faith effort to resolve any dispute; or the Attorney General finds, for any reason, that voluntary agreement is not likely to result.

K. Where the aggrieved person has commenced a civil action under an Act of Congress or a state law seeking relief from the alleged discriminatory housing practice, and the trial in the action has commenced, the Attorney General shall terminate conciliation efforts unless the court specifically directs the Attorney General to continue.

L. The Attorney General shall, from time to time, review compliance with the terms of any conciliation agreement.

History

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

Ariz. Admin. Code § 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.

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.

History

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

Chapter 3 DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION

Article 1 GENERAL PROVISIONS

Ariz. Admin. Code § R10-3-100 Purpose

These regulations set forth the procedures established by the Arizona Civil Rights Division for carrying out its responsibilities in the administration and enforcement of the Arizona Civil Rights Act of 1965, as amended. Based upon its experience in the administration of the Arizona Civil Rights Act, and upon its evaluation of suggestions for amendments submitted by interested persons, the Division may from time to time amend and revise these procedures.

History

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

Ariz. Admin. Code § R10-3-101 Definitions

A. The term "Act" shall mean the Arizona Civil Rights Act of 1965, as amended.

B. The term "Division" shall mean the Arizona Civil Rights Division, Department of Law, or any of its designated agents.

C. The term "Board" shall mean the Arizona Civil Rights Advisory Board as defined in A.R.S. § 41-1401.

D. The terms "person", "employment agency", "labor organization", "employer", "Charging Party", "Respondent", and "places of public accommodation" shall have the same meanings as set forth in the Act.

E. The term "Commission" shall mean the United States Equal Employment Opportunity Commission.

History

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

Ariz. Admin. Code § R10-3-102 Where to file a charge

A charge may be filed at the offices of the Division or with any designated agent of the Division.

History

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

Ariz. Admin. Code § R10-3-103 Confidentiality of charge

Neither a charge, nor information obtained pursuant to the Act, nor information obtained from records required to be kept or reports required to be filed pursuant to the Act shall be made matters of public information by the Division, prior to the institution of any proceedings in any federal or state court resulting from the charge. This provision does not apply to such earlier disclosures to the Charging Party, Respondent, witnesses and representatives of interested federal and local agencies as may be appropriate or necessary for the carrying out of the Division's functions under the Act, nor to the publication of data derived from such information in the form which does not reveal the identity of the Charging Party, Respondent, or persons supplying the information.

History

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

Ariz. Admin. Code § R10-3-104 Withdrawal of charge

A. Prior to the execution of a conciliation agreement, a charge filed by a Charging Party may be withdrawn only with the consent of the Division.

B. The request for withdrawal shall be in writing and shall set forth the reasons for such request. The request must be signed by the Charging Party.

History

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

Ariz. Admin. Code § R10-3-105 Pre-determination settlement procedure

A. At any time subsequent to a preliminary investigation and prior to the issuance of findings of fact, the Division or its designated agent may engage in pre-determination settlement discussions. The Executive Director or an assistant attorney general designated by the Director may make and approve settlements, on behalf of the Division.

B. In the alternative, the Division may facilitate a settlement between the Charging Party and the Respondent by permitting withdrawal of the charge pursuant to R10-3-104.

History

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

Ariz. Admin. Code § R10-3-106 Application for reconsideration; reopening of proceedings

The Charging Party may apply for reconsideration of dismissal of the charge. The application shall be in writing, under oath, stating specifically the grounds upon which it is based, and shall be filed within 20 days from the date of the Charging Party's receipt of the Division's decision. Such application may be granted or denied at the discretion of the Division. The Division, may on its motion, reconsider a dismissal of a charge or any findings of fact it has issued.

History

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

Ariz. Admin. Code § R10-3-107 Posting of Act

A. Every place of public accommodation, employer, employment agency and labor organization or person subject to the Act shall post and keep posted in conspicuous places upon its premises where notices to patrons, employees, applicants for employment and members are customarily posted a notice to be prepared and distributed by the Division, which shall set forth excerpts from, or summaries of, the Act and such relevant information which the Division deems necessary to explain the Act. Such notices may be obtained from the office of the Division.

B. Willful failure to post such notices after having been furnished such notices by the Division shall be punishable by a fine of not more than $100.

History

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

Ariz. Admin. Code § R10-3-108 Certification of documents or records

The Executive Director of the Division, or any other employee of the Division as may be designated by the Director, is authorized and empowered to certify all documents or records which are a part of the files and records of the Division.

History

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

Ariz. Admin. Code § R10-3-109 Construction of rules, availability

A. These rules and regulations shall be liberally construed to secure a just, speedy and inexpensive determination of the issues presented. The Division does not intend that a failure to comply with these rules should constitute a jurisdictional or other bar to administrative or legal action unless otherwise required by statute.

B. The rules and regulations of the Division shall be available to the public at the offices of the Division.

History

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

Article 2 EMPLOYMENT DISCRIMINATION

Ariz. Admin. Code § R10-3-200 Charges filed by or on behalf of aggrieved persons or by a member of the Division; submission of information

A. A charge that any person has engaged in or is engaging in an unlawful employment practice within the meaning of the Act may be filed by or on behalf of a person claiming to be aggrieved. A charge on behalf of a person claiming to be aggrieved may be filed by any person, agency, or organization. A charge shall be deemed to have been filed by or on behalf of a person claiming to be aggrieved if received from the Commission. The charge need not identify by name the person on whose behalf it is filed. The person filing the charge, however, must provide the Division with the name and address of the named person on whose behalf the charge is filed. During the Division's investigation, Division personnel shall verify the authorization of such charge by any named person on whose behalf such charge is filed. The Division shall keep such information confidential and, in transmitting information to the Commission in regards to such charge, shall not disclose such information to the Commission except on condition that the identity of the person on whose behalf the charge is filed be kept confidential, pursuant to the Commission's regulations governing confidentiality. If this condition is violated by the Commission, the Division may decline to honor subsequent requests for such information. A person filing a charge on behalf of an aggrieved person shall be considered a party to the Division's proceedings with respect to receiving notice at each stage in which notice is sent to parties.

B. The Division may receive information concerning alleged violations of the Act from any person. Where the information discloses that a person is entitled to file a charge with the Division, assistance will be rendered in the filing of the charge. A member of the Division in accordance with these rules, may file a charge.

History

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

Ariz. Admin. Code § R10-3-201 Charges by members of the Division

Any member of the Division with the written approval of the Executive Director may file a charge.

History

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

Ariz. Admin. Code § R10-3-202 Forms

The charge shall be in writing and signed, and shall be sworn to before a notary public, a member of the Division, a designated agent of the Division, or other persons duly authorized by law to administer oaths and take acknowledgments. Charge forms are available to all persons at the Division. Appropriate assistance in filling out forms may be rendered to Charging Parties by the Division.

History

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

Ariz. Admin. Code § R10-3-203 Contents: amendment

A. Each charge shall contain the following:

1. The full name and address of the Charging Party.

2. The full name and address of the Respondent.

3. A clear and concise statement of the facts including pertinent dates constituting the alleged unlawful employment practice.

4. If known, the approximate number of employees of the Respondent employer.

B. Not withstanding the provisions of subsection (A) of this rule or R10-3-202, a charge is deemed filed when the Division receives from the Charging Party a written statement sufficiently precise to identify the parties and to describe generally the unlawful action or practice or if received from the Commission. A charge may be amended

1. To cure technical defects or omissions, including but not limited to, failure to swear to the charge, or

2. To clarify and amplify allegations.

The amendments alleging acts occurring before the filing of the charge which constitute unlawful employment practices directly related to or growing out of the subject matter of the original charge shall be deemed to relate back to the original filing date.

History

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

Ariz. Admin. Code § R10-3-204 Time of filing charge

A charge of discrimination in employment shall be filed within 180 days from the date upon which the alleged discriminatory practice or act occurred. If the alleged discriminatory practice or act is of a continuing nature, the date of the occurrence of the alleged discriminatory practice or act shall be deemed to be any date subsequent to the commencement of the alleged discriminatory practice or act up to and including the date upon which the lawful practice has ceased.

History

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

Ariz. Admin. Code § R10-3-205 Service of charge, orders and other process

A. Notice of charge: A charge alleging an act or practice of discrimination in employment shall be served upon the Respondent within ten days of the date that the charge is filed with the Division.

B. Service of process: Charges, orders and other process and papers of the Division may be served personally or by registered or certified mail, return receipt requested. The verified return of the individual serving the same, setting forth the manner of service, and the return Post Office receipt when the service is by registered or certified mail, shall be proof of service.

C. Service upon duly authorized representatives: If a party appears by duly authorized representative, all papers other than the charge, notice of hearing, and final decisions and orders may be served, as herein provided, upon such duly authorized representative with the same force and effect as those served upon the party.

History

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

Ariz. Admin. Code § R10-3-206 Investigations

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. § 41-1481.

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

D. Answers to be sworn to by answering party: Interrogatories issued pursuant to R10-3-206(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 R10-3-206(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 R10-3-206(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 R10-3-206(A) through (E), such computation shall be governed by Rule 6A, Arizona Rules of Civil Procedure, A.R.S. Volume 16.

G. Taking of evidence -- investigation:

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 investigations conducted by the Division:

a. The Division 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 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, or its duly authorized agent, 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.

H. Taking of testimony -- mechanical recording: A taking of testimony pursuant to R10-3-206(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 by the Executive Director or an Assistant Attorney General designated by the Division.

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

L. Subpoenas requested by Charging Parties or Respondents: No member of the Division will issue a subpoena on behalf of a person filing a charge, a person on whose behalf a charge was filed, or a Respondent.

M. 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.

History

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

Ariz. Admin. Code § R10-3-207 Reasonable cause, conference, conciliation and persuasion

A. If the Division determines that a charge fails to state a valid claim for relief under the Act or that there is not reasonable cause to believe that a charge is true, the Division shall dismiss the charge. Where, however, it determines that there is reasonable cause to believe that an unlawful employment practice has occurred or is occurring, it shall endeavor to eliminate such practice by informal methods of conference, conciliation, and persuasion.

B. The Division shall promptly notify the Charging Party and the Respondent, or in the case of a charge filed by the Division, the Respondent of its determination under subsection (A) of R10-3-207.

C. Conciliation agreement: In conciliating a charge in which a determination of reasonable cause has been made, the Division shall attempt to achieve a just resolution and to obtain assurances that the Respondent will eliminate the unlawful employment practices and take appropriate affirmative action. Conciliation agreements shall be in writing, and copies shall be sent to the parties. Proof of compliance with the conciliation agreement shall be obtained by the Division before the charge is closed.

D. Refusal of Respondent to cooperate: Should a Respondent fail or refuse to confer with the Division or its representatives, or fail to refuse to make a good faith effort to resolve the dispute, the Division may terminate its efforts to conciliate the dispute. In such event, the Respondent shall be notified promptly, in writing, that such efforts have been unsuccessful and will not be resumed except upon the Respondent's written request within the time specified in such notice.

E. Confidentiality of conciliation discussions: Nothing that is said or done during and as a part of the endeavors of the Division to eliminate unlawful employment practices by informal methods of conference, conciliation and persuasion may be made a matter of public information by the Division, or used as evidence in a subsequent proceeding without the written consent of the parties concerned.

History

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

Ariz. Admin. Code § R10-3-208 Notice to Charging Party of failure of conciliation

When the Division is unable to obtain a conciliation agreement after it has made a determination of reasonable cause, it shall so notify the Charging Party, and any federal, or local agencies to which the charge has been previously referred. Notification to the Charging Party shall include

1. A notice of failure of conciliation, and

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

History

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

Ariz. Admin. Code § R10-3-209 Recordkeeping, preservation of records, and reports to the Division

Every employer, employment agency, labor organization, or joint labor management committee controlling apprenticeship or other training or retraining including on the job training programs subject to this Act shall make and keep such records relevant to the determination of whether unlawful employment practices have been or are being committed, preserve such records for such periods, and make such reports therefrom, as the Division deems reasonable, necessary or appropriate for the enforcement of this Act; provided, however, that no employer, employment agency, labor organization, or joint labor management committee controlling apprenticeship or other training or retraining including on the job training programs required to file an EEO-1, -2, -3, or -4 Report with the Equal Employment Opportunity Commission shall be required to file a similar report with the Division unless specifically requested to do so by the Division.

History

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

Article 3 VOTING RIGHTS AND PUBLIC ACCOMMODATION DISCRIMINATION

Ariz. Admin. Code § R10-3-300 Filing of charge

A charge of discrimination under the voting or public accommodation sections of the Act shall be filed with the Division only by a person, referred to as the Charging Party, claiming to be aggrieved by the alleged discriminatory practice or act.

History

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

Ariz. Admin. Code § R10-3-301 Form of charge

The charge shall be in writing and signed and shall be sworn to before a notary public, a member of the Division, a designated agent of the Division, or other persons duly authorized by law to administer oaths or take acknowledgments. Charge forms will be supplied by the Division upon request. Appropriate assistance in filling out forms may be rendered to Charging Parties by the Division.

History

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

Ariz. Admin. Code § R10-3-302 Contents of charge

Each charge shall contain the following:

1. The full name and address of the Charging Party.

2. The full name and address of the Respondent.

3. A plain and concise statement of the facts constituting the alleged unlawful discriminatory practice or act.

4. The date or dates of the alleged unlawful discriminatory practice or act.

History

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

Ariz. Admin. Code § R10-3-303 Amendment of charge

Notwithstanding the provisions of R10-3-302, a charge is deemed filed when the Division receives from the Charging Party, a written statement sufficiently precise to identify the parties and to describe generally the unlawful action or practice. A charge may be amended:

1. To cure technical defects or omissions, including but not limited to failure to swear to the charge, or

2. To clarify and amplify allegations.

The amendments alleging acts occurring before the filing of the charge which constitute unlawful practices directly related to or growing out of the subject matter of the original charge shall be deemed to relate back to the original filing date.

History

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

Ariz. Admin. Code § R10-3-304 Time of filing charge

A charge of discrimination under the voting and public accommodation sections of the Act shall be filed within 60 days from the date upon which alleged discriminatory practice or act occurred.

History

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

Ariz. Admin. Code § R10-3-305 Service of charge, orders and other process

A. A charge alleging an act or practice of discrimination in voting or public accommodation shall be served upon the Respondent within ten days of the date that the charge is filed with the Division.

B. Service of process: Charges, orders and other process and papers of the Division may be served personally or by registered or certified mail, return receipt requested. The verified return of the individual serving the same, setting forth the manner of service, and the return Post Office receipt when the service is by registered or certified mail shall be proof of service.

C. Service upon duly authorized representatives: If a party appears by duly authorized representative, all papers other than the charge, notice of hearing, and final decisions and orders may be served, as herein provided, upon such duly authorized representative with the same force and effect as those served upon the party.

History

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

Ariz. Admin. Code § 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.

History

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

Ariz. Admin. Code § R10-3-307 Issuance of notice of hearing

If, upon investigation, the Division determines that there is reasonable cause to believe that the charge is true, it shall endeavor to eliminate such alleged discriminatory practice through means of conference, conciliation or persuasion. If the Division is unable to eliminate the discriminatory practice or act through conference, conciliation or persuasion, it shall issue and cause to be served upon the Respondent a copy of the charge filed with the Division, as the same may have been amended or supplemented, together with a notice of hearing before the Board or a subcommittee thereof. The notice shall specify the date, time and place of the hearing and in no event shall the date specified be less than 10 or more than 20 days from the date of issuance thereof. The charge and notice shall be served on the Respondent at least ten days before the date of the hearing. The notice shall advise the Respondent that he may file a written, verified answer to the charge.

History

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

Ariz. Admin. Code § R10-3-308 Hearings

All hearings before the Board involving discrimination in Voting and Public Accommodation shall be conducted pursuant to A.R.S. § 41-1009 et seq., except as may be modified by A.R.S. § 41-1471.

History

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

Ariz. Admin. Code § R10-3-309 Orders

A. The Board shall, within 30 days from the date the hearing is concluded, enter an order setting forth its finding of fact and serve a copy of such finding on all parties.

B. If the Respondent fails to correct a discriminatory practice or act found by the Board to exist, within 60 days of such finding, the Charging Party or the Division may file, within 30 days thereafter, a complaint in the Superior Court of the county where the discriminatory practice or act is alleged to have occurred.

C. If, upon all the evidence, the Division shall find that a Respondent has not engaged in an unlawful discriminatory practice or act, the Division shall state its finding of fact and shall enter and serve an order dismissing the charge and advising the Charging Party that he may within 30 days thereafter file a complaint in the Superior Court of the county where the alleged discriminatory practice or act occurred, as prescribed by the provisions of A.R.S. § 41-1471.

D. If the Board fails to enter an order setting forth its finding within 30 days from the date of the hearing, the Charging Party may, within 30 days thereafter, file a complaint in the Superior Court of the county where the alleged discriminatory practice or act is alleged to have occurred.

History

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

Ariz. Admin. Code § R10-3-310 Record of hearings

The record of the hearings before the Division shall consist of the charge and any amendments or supplements thereto, written applications, motions, orders, transcript of the record on the hearing, exhibits, depositions, the final order, and any additional documents as the Division may direct.

History

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

Article 4 THE ARIZONANS WITH DISABILITIES ACT

Ariz. Admin. Code § R10-3-401 Definitions

The following terms used in this Article or in the materials incorporated by reference in this Article have the following meaning:

1. "2010 Standards" means for:

a. Public entities, appendices B and D to 36 CFR 1191 (2009) and 28 CFR 35.151(2011).

b. Places of public accommodation and commercial facilities, appendices B and D to 36 CFR 1191(2009) and 28 CFR 36.401 through 36.406(2011).

2. "Act" or "the Act" means the "Arizonans with Disabilities Act" or "AzDA," A.R.S. § 41-1492 et seq.

3. "Assistant Attorney General" means the "Arizona Assistant Attorney General."

4. "Attorney General" means the "Arizona Attorney General."

5. "National" means "State of Arizona."

6. "Respondent" means a person, public entity, commercial facility, or public accommodation against whom a complaint has been filed alleging a violation of the Arizonans with Disabilities Act.

History

• Adopted effective September 3, 1996 (Supp. 96-3). Amended by final rulemaking at 17 A.A.R. 2620, effective February 7, 2012 (Supp. 11-4).

Ariz. Admin. Code § R10-3-402 Nondiscrimination on the Basis of Disability by Specified Public Transportation

Private entities that are owners and operators of specified public transportation shall comply with the provisions of Appendices B and D to 36 CFR 1191 (2009), as modified by Appendix F to 36 CFR 1191(2009), and no further amendments, which are adopted and incorporated herein by reference. Copies of the incorporated material are on file with the Office of the Arizona Attorney General Civil Rights Division and the United States Department of Justice Civil Rights Division, Disability Rights Section - NYA, 950 Pennsylvania Avenue, NW, Washington, D.C. 20530. Private entities that are owners and operators of specified public transportation also shall comply with the provisions of 49 CFR 37.5, 37.7(a), 37.9(a) through (c), 37.21(a)(2) through (3), 37.23(b) and (d), 37.25(a), 37.27 through 37.29, 37.37(a) through (f) and (h), 37.45, 37.49, 37.51(a) through (b), 37.55 through 37.57, 37.101 through 37.107, 37.161, 37.165 through 37.173, 37.187 through 37.189, 37.197, 37.201 through 37.211 and Appendix A to Part 37 (2010), and 49 CFR 38.1, the first sentence of 38.2, 38.4, 38.21 through 38.161, 38.171(a) through (b), 38.173 through 38.175, 38.179, and the Figures to Part 38 (2010), and no further amendments, which are adopted and incorporated herein by reference. Copies of the incorporated material are on file with the Office of the Arizona Attorney General Civil Rights Division and the United States Department of Transportation, 1200 New Jersey Avenue, SE, Washington, D.C. 20590.

History

• Adopted effective September 3, 1996 (Supp. 96-3). Amended by final rulemaking at 17 A.A.R. 2620, effective February 7, 2012 (Supp. 11-4).

Ariz. Admin. Code § R10-3-403 Nondiscrimination on the Basis of Disability by Public Entities

Public entities shall comply with the 2010 Standards and the provisions of 28 CFR 35.130(b)(4), 35.133, 35.135, 35.136, 35.137, 35.150, and 35.163(2011), and no further amendments, which are adopted and incorporated herein by reference. Copies of the incorporated material are on file with the Office of the Attorney General Civil Rights Division and the United States Department of Justice Civil Rights Division, Disability Rights Section - NYA, 950 Pennsylvania Avenue, NW, Washington, D.C. 20530.

History

• Adopted effective September 3, 1996 (Supp. 96-3). Amended by final rulemaking at 17 A.A.R. 2620, effective February 7, 2012 (Supp. 11-4).

Ariz. Admin. Code § R10-3-404 Nondiscrimination on the Basis of Disability by Places of Public Accommodation and in Commercial Facilities

Places of public accommodations and commercial facilities shall comply with the 2010 Standards and the provisions of 28 CFR 36.101 through 36.104, 36.201 through 36.206, 36.208, 36.211, 36.301 through 36.311, and 36.507(2011), and no further amendments, which are adopted and incorporated herein by reference. Copies of the incorporated material are on file with the Office of the Attorney General Civil Rights Division and the United States Department of Justice Civil Rights Division, Disability Rights Section - NYA, 950 Pennsylvania Avenue, NW, Washington, D.C. 20530.

History

• Adopted effective September 3, 1996 (Supp. 96-3). Amended by final rulemaking at 17 A.A.R. 2620, effective February 7, 2012 (Supp. 11-4).

Ariz. Admin. Code § R10-3-405 Complaints

A. Any person may file a complaint alleging discrimination on the basis of disability in accordance with the provisions of this Article. The complaint may be filed with the Attorney General no later than 180 days after an alleged discriminatory act or practice in violation of the Act or this Article. The complaint may be filed with the assistance of any person or organization authorized to act on behalf of the complaining person.

B. A complaint may be filed against any person alleged to be engaged, to have engaged, or about to be engaged, in a discriminatory act or practice in violation of the Act or this Article.

C. A complaint may also be filed against any person who directs or controls, or has the right to direct or control, the conduct of another person with respect to the accessibility of any public building, public accommodation, commercial facility, or public transportation service, if that person, acting within the scope of their authority as an employee or agent of the directing or controlling person, is engaged, has engaged, or is about to engage, in a violation of the Act or this Article.

D. A person may file a complaint in person with, or by mail to: Attorney General, Civil Rights Division, 1275 West Washington, Phoenix, Arizona 85007; or Attorney General, Tucson Office, Civil Rights Division, 402 Congress West, Tucson, Arizona 85701; or such alternate or additional offices as the Attorney General may establish.

E. A person may provide information stating a violation of the Arizonans with Disabilities Act by telephone to the Attorney General. The Attorney General shall reduce the information provided by telephone to writing on a complaint form and send the form to the complaining person to be signed and affirmed.

F. Each complaint must be in writing and shall be signed and affirmed by the complaining person filing the complaint. The affirmation shall state: "I declare under penalty of perjury that the foregoing is true and correct".

G. The Attorney General shall accept any written statement which substantially sets forth the allegations of a discriminatory act or practice under the Arizonans with Disabilities Act. Personnel in the Civil Rights Division shall provide appropriate assistance in filling out complaint forms and in filing a complaint.

H. Each complaint shall contain substantially the following information:

1. The name and address of the complaining person;

2. The name and address of the respondent, if available;

3. A description and the address of the public entity, commercial facility, public accommodation or specified public transportation which is involved, if available;

4. A concise statement of the facts, including pertinent dates, constituting the alleged discriminatory act or practice.

I. A complaint is filed when it is received by the Attorney General's Office.

J. A complaint is timely filed if within the 180-day period for the filing of complaints, written information identifying the parties and describing generally the alleged discriminatory act or practice is filed as provided in R10-3-405(D) and (E).

K. Where a complaint alleges a discriminatory act or practice that is continuing, the complaint will be timely if filed within 180 days of the last alleged occurrence of that practice.

L. Failure to file an administrative complaint pursuant to this Section does not prevent an aggrieved person from bringing a civil action in Superior Court pursuant to A.R.S. § 41-1492.08.

History

• Adopted effective September 3, 1996 (Supp. 96-3).

Ariz. Admin. Code § R10-3-406 Amendment of Complaints

A. Complaints may be amended at any time during the pendency of the investigation. Amendments may be used:

1. To cure technical defects or omissions, including failure to sign or affirm a complaint;

2. To clarify or add to the allegations in a complaint; or

3. To join additional or substitute respondents.

B. Except for the purposes of notifying respondents under R10-3-408, amended complaints shall relate back to the original filing date.

History

• Adopted effective September 3, 1996 (Supp. 96-3).

Ariz. Admin. Code § R10-3-407 Notification of the Complaining Person

Upon the filing of a complaint, the Attorney General shall serve a notice upon each complaining person on whose behalf the complaint was filed. The notice shall:

Acknowledge the filing of the complaint and state the date that the complaint was accepted for filing;

2. Include a copy of the complaint;

3. Advise the complaining person of the time limits applicable to complaint processing and of the procedural rights and obligations of the complaining person under this Article;

4. Advise the complaining person of their right to commence a civil action under A.R.S. § 41-1492.08 in an appropriate court, not later than 2 years after the occurrence or termination of the alleged discriminatory act or practice or the breach of a conciliation agreement entered into under this Article; and

5. Advise the complaining person that retaliation against the complaining person or any other person because of the filing of a complaint or because the person testified, assisted, or participated in an investigation or conciliation under this Article, is a discriminatory act or practice that is prohibited by A.R.S. § 41-1492.10.

History

• Adopted effective September 3, 1996 (Supp. 96-3).

Ariz. Admin. Code § R10-3-408 Notification of Respondent

A. Within 20 days of the filing of a complaint or the filing of an amended complaint, the Attorney General shall serve a notice on each respondent. A person who is not named as a respondent in a complaint, but who is identified in the course of the investigation as a person who is alleged to be engaged, to have engaged, or about to engage in the discriminatory act or practice upon which the complaint is based may be joined as an additional or substitute respondent by service of a notice on the person.

B. The notice shall:

1. Identify the alleged discriminatory act or practice upon which the complaint is based, and include a copy of the complaint;

2. State the date that the complaint was accepted for filing;

3. Advise the respondent of the time limits to file a response and of the procedural rights and obligations of the respondent;

4. Advise the respondent of the complaining person's right to commence a civil action under the Act in an Arizona Superior Court at any time within 2 years after the occurrence or termination of the alleged discriminatory act or practice.

5. If the person is not named in the complaint, but is being joined as an additional or substitute respondent, explain the basis for the Attorney General's belief that the joined person is properly joined as a respondent.

6. Advise the respondent that retaliation against any person because the person made a complaint or testified, assisted, or participated in an investigation or conciliation under this Section, is a discriminatory act or practice that is prohibited under A.R.S. § 41-1492.10.

History

• Adopted effective September 3, 1996 (Supp. 96-3).

Ariz. Admin. Code § R10-3-409 Answer to a Complaint

A. The respondent may file an answer not later than 10 days after receipt of the notice described in R10-3-408 . The answer shall be signed and affirmed by the respondent. The affirmation shall state: "I declare under penalty of perjury that the foregoing is true and correct."

B. An answer may be amended at any time during the pendency of the investigation.

History

• Adopted effective September 3, 1996 (Supp. 96-3).

Ariz. Admin. Code § R10-3-410 Investigations

A. Upon the filing of a complaint, the Attorney General shall initiate an investigation to:

1. Obtain information concerning the events or transactions that relate to the alleged discriminatory act or practice identified in the complaint.

Document policies or practices of the respondent involved in the alleged discriminatory act or practice raised in the complaint.

3. Develop factual data necessary for the Attorney General to make a determination whether reasonable cause exists to believe that a discriminatory act or practice has occurred or is about to occur, and to take other actions provided by A.R.S. § 41-1492.09.

B. Issuance of interrogatories. During the course of investigation, any member of the Attorney General's Office may cause to be issued interrogatories upon any party or witness to the proceedings.

1. Interrogatories issued pursuant to this provision shall require that the person addressed answer the interrogatories under oath.

Interrogatories issued pursuant to this provision shall be answered and returned to the Attorney General's Office within 14 days of receipt of the interrogatories.

3. Any person served with interrogatories issued pursuant to this provision may request of the Attorney General's Office a reasonable extension of time in which to answer the interrogatories. In computing any time period under this provision, the computation shall be governed by Rule 6A, Arizona Rules of Civil Procedure, A.R.S. Volume 16.

C. Taking of Testimony -- Mechanical Recording. A taking of testimony pursuant to R10-3-405(F)(4) may be recorded by other than stenographic means, including, but not limited to, tape recording.

History

• Adopted effective September 3, 1996 (Supp. 96-3).

Ariz. Admin. Code § R10-3-411 Reserved

Ariz. Admin. Code § R10-3-412 Conciliation

A. In conciliating a complaint, the Attorney General shall attempt to achieve a just resolution of the complaint and to obtain assurances that the respondent will satisfactorily remedy any violation of the rights of the aggrieved person, and take action that will assure the elimination of discriminatory acts or practices, or their prevention or recurrence.

B. Where the rights of the complaining party and the respondent can be protected, the investigator may suspend fact finding and engage in efforts to resolve the complaint by conciliation.

C. The terms of a conciliation agreement shall be in writing. The conciliation agreement shall seek to protect the interest of the complaining person, other persons similarly situated, and the public interest. The types of relief that may be sought for the aggrieved person are described in A.R.S. § 41-1492.09(B). The provisions that may be sought for the vindication of the public interest are described in A.R.S. § 41-1492.09(C).

D. A conciliation agreement shall be executed by the respondent, the complaining person, and the Attorney General. The Attorney General shall approve a conciliation agreement and shall execute the agreement, only if:

1. The complaining person and the respondent agree to the relief accorded the aggrieved person; and

2. The provisions of the agreement will adequately vindicate the public interest.

E. The Attorney General may file a civil action under A.R.S. § 41-1492.09 if the complaining person and the respondent have executed a conciliation agreement that has not been approved by the Attorney General.

F. The following types of relief may be sought (without limitation) for complaining persons in conciliation:

1. Monetary relief in the form of damages, including compensatory damages and attorney fees; and

2. Equitable relief including but not limited to the provision of an auxiliary aid or service, modification of a policy, practice or procedure, and an order to alter facilities to make these facilities readily accessible to and usable by individuals with disabilities to the extent that alteration is required by A.R.S. § 41-1492.02.

G. The provisions which may be sought for vindication of the public interest (without limitation) include:

1. Elimination of discriminatory acts or practices, procedures, policies, and rules;

2. Prevention of future discriminatory acts or practices;

3. Remedial affirmative action activities to overcome discriminatory acts or practices;

4. Reporting requirements;

5. Monitoring and enforcement activities; and

Civil penalties against the covered person or entity in an amount of not more than $5,000.00 for a 1st violation and $10,000.00 for any subsequent violation.

H. The conciliation agreement may provide for binding arbitration of the dispute arising from the complaint. Arbitration may award appropriate relief as described in R10-3-412(G) and (H) . The complaining person and the respondent may, in the conciliation agreement, limit the types of relief that may be awarded under binding arbitration.

I. The Attorney General shall terminate its efforts to conciliate the complaint if the respondent fails or refuses to confer with the Attorney General, or if the Attorney General finds, for any reason, that voluntary agreement is not likely to result.

J. Where the complaining person has commenced a civil action seeking relief from the alleged discriminatory act or practice, and the trial in the action has commenced, the Attorney General will terminate conciliation unless the court specifically directs the Attorney General to continue conciliation.

K. Except as otherwise provided by the Act or this Section, nothing that is done in the course of conciliation under this Section shall be made public without the written consent of the persons concerned.

L. The Attorney General has authority to review compliance with the terms of any conciliation agreement and shall file a civil action pursuant to A.R.S. § 41-1492.09, if there is reasonable cause to believe that a respondent has breached a conciliation agreement.

History

• Adopted effective September 3, 1996 (Supp. 96-3).

Chapter 4 ARIZONA CRIMINAL JUSTICE COMMISSION

Article 1 CRIME VICTIM COMPENSATION PROGRAM

Ariz. Admin. Code § R10-4-101 Definitions

In this Article:

"Board" means the Crime Victim Compensation Board of an operational unit.

2. "Claim" means an application for compensation submitted under this Article.

3. "Claimant" means a natural person who files a claim.

4. "Collateral source" means a source of compensation for economic loss that a claimant received or is accessible to and obtainable by the claimant or that is payable to or on behalf of the victim. Collateral source includes the following sources of compensation:

a. The perpetrator or a third party responsible for the perpetrator's actions;

b. The United States government or any of its agencies, a state or any of its political subdivisions, or an instrumentality of two or more states, unless:

i. The law providing for the compensation makes the compensation excess or secondary to benefits under this Article, or

ii. The compensation is made with federal funds granted under 42 U.S.C. 10602;

c. Social Security, Medicare, or Arizona Health Care Cost Containment System payments;

d. State-required, insurance for a temporary, non-occupational disability;

e. Worker's compensation insurance;

f. Wage continuation program of any employer;

g. Insurance proceeds payable to cover a specific compensable cost due to criminally injurious conduct;

h. A contract providing for prepaid hospital and other health care services or disability benefits; and

i. A gift, devise, or bequest to cover a specific compensable cost.

5. "Commission" means the Arizona Criminal Justice Commission, as established by A.R.S. § 41-2404.

6. "Compensable cost" means an economic loss for which a compensation award is allowed under this Article.

7. "Compensation award" means a payment made to a claimant under the standards at R10-4-108.

8. "Crime scene cleanup expense" means the reasonable and customary cost for:

a. Removing or attempting to remove bodily fluids, dirt, stains, and other debris that result from criminally injurious conduct occurring within a residence or the surrounding curtilage;

b. Repairing or replacing exterior doors, locks, or windows damaged as a direct result of criminally injurious conduct occurring within a residence or the surrounding curtilage.

9. "Criminally injurious conduct" means conduct that:

a. Constitutes a crime as defined by state or federal law regardless of whether the perpetrator of the conduct is apprehended, charged, or convicted;

b. Poses a substantial threat of physical injury, mental distress, or death; and

c. Is punishable by fine, imprisonment, or death, or would be punishable but the perpetrator of the conduct lacked the capacity to commit the crime under applicable laws.

10. "Derivative victim" means:

a. The spouse, child, parent, stepparent, stepchild, sibling, grandparent, grandchild, or guardian of a victim who died as a result of criminally injurious conduct;

b. A child born to a victim after the victim's death;

c. A person living in the household of a victim who died as a result of criminally injurious conduct, in a relationship determined by the Board to be substantially similar to a relationship listed in subsection (10)(a);

d. A member of the victim's family who witnessed the criminally injurious conduct or who discovered the scene of the criminally injurious conduct;

e. A natural person who is not related to the victim but who witnessed the criminally injurious conduct or discovered the scene of the criminally injurious conduct; or

f. A natural person whose own mental health counseling and care or presence during the victim's mental health counseling and care is recommended for the successful treatment of the victim.

11. "Durable medical equipment" means an appliance, apparatus, device, or product that:

a. Is medically necessary to treat an injury or condition resulting from criminally injurious conduct;

b. Improves the function of an injured body part or delays deterioration of a patient's physical condition;

c. Is primarily and customarily used to serve a medical purpose rather than primarily for transportation, comfort, or convenience; and

d. Provides the medically appropriate level of performance and quality for the medical injury or condition present.

"Economic loss" means financial detriment resulting from medical expense, mental health counseling and care expense, crime scene cleanup expense, funeral expense, or work loss.

13. "Fund" means all State, Federal, and jurisdiction financial resources dedicated to the compensation program through statute, this chapter, or federal grant award.

14. "Funeral expense" means a reasonable and customary cost, such as those listed on the Statement of Funeral Goods and Services Selected required under A.A.C. R4-12-307, incurred as a direct result of a victim's funeral, cremation, Native American ceremony, or burial.

15. "Good cause" means a reason that the Board determines is substantial enough to afford a legal excuse.

16. "Inactive claim" means a claim for which no compensation award is made for 12 consecutive months.

17. "Incident of criminally injurious conduct" means all criminal actions that are related to or dependent upon each other regardless of the time involved in perpetrating the actions, number of persons perpetrating the actions, or the number of crimes with which the perpetrator is or could be charged.

18. "Jurisdiction" means any county in this state.

19. "Medical expense" means a reasonable and customary cost for medical care provided to a victim due to a physical injury, mental health condition, or medical condition that is a direct result of criminally injurious conduct.

20. "Mental distress" means a substantial disorder of emotional processes, thought, or cognition that impairs judgment, behavior, or ability to cope with the ordinary demands of life.

21. "Mental health counseling and care expense" means a reasonable and customary cost to assess, diagnose, and treat a victim's or derivative victim's mental distress resulting from criminally injurious conduct.

22. "Minimum wage standard" means the uniform minimum wage payable in Arizona under federal or state law, whichever is greater.

23. "Operational unit" means a public or private agency authorized by the Commission to receive, evaluate, and present to the Board a claim.

24. "Program" means the Crime Victim Compensation Program.

25. "Proximate cause" means an event sufficiently related to criminally injurious conduct to be held the cause of the criminally injurious conduct.

26. "Reasonable and customary" means the normal charge within a specific geographic area for a specific service by a provider of a particular level of experience or expertise.

27. "Resident" means a natural person who is domiciled in Arizona or is in Arizona for other than a temporary or transitory purpose.

28. "Subrogation" means the substitution of the state or an operational unit in place of a claimant to enforce a lawful claim against a collateral source to recover any part of a compensation award made to the claimant using funds of the state or operational unit.

29. "Total and permanent disability" means a physical or mental condition that the Board finds is a proximate result of criminally injurious conduct and:

a. Produces a significant and sustained reduction in the victim's former mental or physical abilities dramatically altering the victim's ability to interact with others and carry on normal functions of life;

b. Lessens the victim's ability to work to a material degree; or

c. Causes a physical or neurophysical impairment from which no fundamental or marked improvement in the victim's crime-related condition can reasonably be expected.

30. "Transportation costs" means a travel expense that may be reimbursed to a claimant as follows:

a. Mileage, calculated at the rate established by:

i. The operational unit, or

ii. The state if the operational unit has not established a mileage rate;

b. Fare or fee expenses; and

c. Vehicle rental at the cost specified in the rental agreement.

"Victim" means a natural person who suffers a physical injury or medical condition, mental distress, or death as a direct result of:

a. Criminally injurious conduct,

b. The person's good faith effort to prevent criminally injurious conduct, or

c. The person's good faith effort to apprehend a person suspected of engaging in criminally injurious conduct.

32. "Work loss" means a reduction in income from:

a. Work that a victim or derivative victim would have performed if the victim had not been a victim; and

b. Social Security or Supplemental Security Income that a victim would have received or from which a derivative victim would have benefitted if the victim had not been killed.

History

• Adopted effective December 31, 1986 (Supp. 86-6). Section repealed; new Section R10-4-101 renumbered from R10-4-103 and amended by final rulemaking at 6 A.A.R. 4727, effective November 20, 2000 (Supp. 00-4). Amended by final rulemaking at 13 A.A.R. 4124, effective January 5, 2008 (Supp. 07-4). Amended by final rulemaking at 18 A.A.R. 3309, effective February 3, 2013 (Supp. 12-4). Amended by final rulemaking at 24 A.A.R. 377, effective 4/7/2018. Section expired under A.R.S. § 41-1056(J) at 29 A.A.R. 1674, effective 6/1/2023. New Section made by emergency rulemaking at 29 A.A.R. 1700, effective 7/14/2023 (EMERGENCY). New Section made by emergency rulemaking at 30 A.A.R. 315, effective 1/22/2024, exp. 7/20/2024(Emergency). New Section made by final rulemaking at 30 A.A.R. 2405, effective 7/3/2024.

Ariz. Admin. Code § R10-4-102 Administration of the Fund

A. The Commission shall include in the Fund all funds received for compensating a claimant under this Chapter.

B. The Commission shall designate one operational unit for a jurisdiction or jurisdictions to receive an allocation from the Fund each state fiscal year.

C. The Commission shall distribute a portion of the Fund to each operational unit for expenditure by the Board. The Commission shall distribute the fund using an allocation formula approved by the Commission.

D. The Commission shall reserve the lesser of $50,000 or 10 percent of the Fund to be used in the event of an unforeseen increase of victimization that causes an operational unit for a particular jurisdiction to lack the funds needed to provide compensation.

E. If there is an unforeseen increase in victimization in a particular jurisdiction, the Commission shall designate an additional operational unit to accept claims from that jurisdiction or make a compensation award based on the criteria established by R10-4-108.

F. If, at the end of a fiscal year, an operational unit has unexpended funds received from the Commission, the operational unit shall return the funds to the Commission within 90 days after the end of the fiscal year. The Commission shall deposit the returned funds in the Fund for use in the next fiscal year.

G. Funds collected by an operational unit through subrogation or restitution may be retained by the operational unit to the extent authorized by the Commission and shall be used to pay compensation awards based on the criteria established by R10-4-108.

H. An operational unit shall use funds to pay administrative costs only to the extent authorized by the Commission.

I. An operational unit shall pay approved compensation program benefit expenses using benefit category cost rate schedules approved by the Commission. If the Commission has not approved a cost rate schedule for a benefit category, or if an eligible benefit cost is not covered by the approved rate schedule, the operational unit may negotiate a reasonable and customary cost with the service provider for the approved benefit expense.

History

• Adopted effective December 31, 1986 (Supp. 86-6). Amended effective October 28, 1994 (Supp. 94-4). Section repealed; new Section R10-4-102 renumbered from R10-4-104 and amended by final rulemaking at 6 A.A.R. 4727, effective November 20, 2000 (Supp. 00-4). Amended by final rulemaking at 13 A.A.R. 4124, effective January 5, 2008 (Supp. 07-4). Amended by final rulemaking at 18 A.A.R. 3309, effective February 3, 2013 (Supp. 12-4). Amended by final rulemaking at 24 A.A.R. 377, effective 4/7/2018. Section expired under A.R.S. § 41-1056(J) at 29 A.A.R. 1674, effective 6/1/2023. New Section made by emergency rulemaking at 29 A.A.R. 1700, effective 7/14/2023 (EMERGENCY). New Section made by emergency rulemaking at 30 A.A.R. 315, effective 1/22/2024, exp. 7/20/2024(Emergency). New Section made by final rulemaking at 30 A.A.R. 2405, effective 7/3/2024.

Ariz. Admin. Code § R10-4-103 Statewide Operation

For any jurisdiction not served by an operational unit, the Commission shall operate a program in accordance with this Article, designate another operational unit as described in R10-4-104, or provide for a program by contract.

History

• Adopted effective December 31, 1986 (Supp. 86-6). Amended effective October 28, 1994 (Supp. 94-4). Amended effective June 12, 1997 (Supp. 97-2). Former Section R10-4-103 renumbered to R10-4-101; new Section R10-4-103 renumbered from R10-4-105 and amended by final rulemaking at 6 A.A.R. 4727, effective November 20, 2000 (Supp. 00-4). Amended by final rulemaking at 13 A.A.R. 4124, effective January 5, 2008 (Supp. 07-4). Amended by final rulemaking at 18 A.A.R. 3309, effective February 3, 2013 (Supp. 12-4). Amended by final rulemaking at 24 A.A.R. 377, effective 4/7/2018. Section expired under A.R.S. § 41-1056(J) at 29 A.A.R. 1674, effective 6/1/2023. New Section made by emergency rulemaking at 29 A.A.R. 1700, effective 7/14/2023 (EMERGENCY). New Section made by emergency rulemaking at 30 A.A.R. 315, effective 1/22/2024, exp. 7/20/2024(Emergency). New Section made by final rulemaking at 30 A.A.R. 2405, effective 7/3/2024.

Ariz. Admin. Code § R10-4-104 Operational Unit Requirements

A. To be designated by the Commission as an operational unit for a jurisdiction, a public or private agency shall submit to the Commission a written request for designation.

B. The Commission shall designate a public or private agency as the operational unit for a jurisdiction or jurisdictions:

1. Only if the public or private agency agrees not to:

a. Use Commission funds or federal funds to supplant funds otherwise available to compensate a victim or claimant;

b. Make a distinction between a resident and a non-resident in evaluating a claim; and

c. Make a distinction in evaluating a claim relating to a federal crime that occurs in Arizona and one relating to a state crime; and

2. Only if the public or private agency agrees to:

a. Forward to the Board a claim relating to an incident of criminally injurious conduct occurring in the public or private agency's jurisdiction or jurisdictions;

b. Forward to the Board a claim made by or on behalf of a resident of the public or private agency's jurisdiction or jurisdictions who is a victim or derivative victim of an incident of criminally injurious conduct occurring in another state, the District of Columbia, Puerto Rico, or any other possession or territory of the United States that does not have a crime victim compensation program that meets the requirements of 42 U.S.C. 10602(b);

c. Forward to the Board a claim made by or on behalf of a resident of the public or private agency's jurisdiction or jurisdictions who is a victim or derivative victim of an incident of criminally injurious conduct occurring outside of the United States in an area without an accessible crime compensation program;

d. Notify the Commission of any change in the public or private agency's program procedures or program policies before the change takes effect and if the change is material, obtain written approval from the Commission before instituting the change;

e. Submit financial and program activity reports to the Commission, in a format required by the Commission, and at a frequency established annually by the Commission;

f. Provide an application form to a claimant;

g. Comply with all civil rights requirements;

h. Ensure that each claim is investigated and substantiated before forwarding the claim to the Board for a compensation award; and

i. Monitor a compensation award to ensure that amounts paid are consistent with this Article.

C. If more than one agency requests to be designated by the Commission as an operational unit for a jurisdiction, the Commission shall designate the agency that it determines is better able to evaluate claims and manage the expenditure of public funds. The Commission shall give preference to a public agency if both a public and private agency request designation.

History

• Adopted effective December 31, 1986 (Supp. 86-6). Amended effective October 28, 1994 (Supp. 94-4). Amended effective June 12, 1997 (Supp. 97-2). Former Section R10-4-104 renumbered to R10-4-102; new Section R10-4-104 renumbered from R10-4-106 and amended by final rulemaking at 6 A.A.R. 4727, effective November 20, 2000 (Supp. 00-4). Amended by final rulemaking at 13 A.A.R. 4124, effective January 5, 2008 (Supp. 07-4). Amended by final rulemaking at 18 A.A.R. 3309, effective February 3, 2013 (Supp. 12-4). Amended by final rulemaking at 24 A.A.R. 377, effective 4/7/2018. Section expired under A.R.S. § 41-1056(J) at 29 A.A.R. 1674, effective 6/1/2023. New Section made by emergency rulemaking at 29 A.A.R. 1700, effective 7/14/2023 (EMERGENCY). New Section made by emergency rulemaking at 30 A.A.R. 315, effective 1/22/2024, exp. 7/20/2024(Emergency). New Section made by final rulemaking at 30 A.A.R. 2405, effective 7/3/2024.

Ariz. Admin. Code § R10-4-105 Crime Victim Compensation Board

A. Each operational unit shall establish a Crime Victim Compensation Board that consists of an odd number of members with at least three members. Members of the Board shall not receive compensation for their services but are eligible for travel reimbursement under A.R.S. § 38-621.

B. Board members serve a three-year term and are eligible for reappointment.

C. When a Board is first established, approximately one-third of the members shall be appointed for a three-year term, one-third for a two-year term, and one-third for a one-year term. If a Board member is unable to complete the term of the Board member's appointment, the Commission Chairman shall appoint a new Board member for the unexpired term only.

D. When a Board is first established and when a new member is appointed to an existing Board, the Commission Chairman shall choose the individual to be appointed from a list submitted by the operational unit.

E. A majority of the Board membership constitutes a quorum that may transact the business of the Board.

F. The Board shall elect from its membership a chairman and other necessary officers to serve terms determined by the Board.

G. The Board shall make a compensation award according to this Article and perform other acts necessary for operation of the program.

H. As required by A.R.S. Title 38, Chapter 3, Article 8, a Board member shall not participate in making any decision regarding a claim or compensation award if the Board member or a relative of the Board member, as defined at A.R.S. § 38-502, has a substantial interest in the decision.

I. An employee of an operational unit shall not serve as a Board member.

J. A newly appointed Board member shall meet all training requirements established by the Commission for new Board members within six months of the Board member's date of appointment.

K. A Board member who is reappointed shall meet all training requirements established by the Commission for reappointed Board members within six months of the Board member's date of reappointment.

L. A Board member shall not miss more than one-third of Board meetings in a year due to unexcused absence.

History

• Adopted effective December 31, 1986 (Supp. 86-6). Former Section R10-4-105 renumbered to R10-4-103; new Section R10-4-105 renumbered from R10-4-107 and amended by final rulemaking at 6 A.A.R. 4727, effective November 20, 2000 (Supp. 00-4). Amended by final rulemaking at 13 A.A.R. 4124, effective January 5, 2008 (Supp. 07-4). Amended by final rulemaking at 18 A.A.R. 3309, effective February 3, 2013 (Supp. 12-4). Section expired under A.R.S. § 41-1056(J) at 29 A.A.R. 1674, effective 6/1/2023. New Section made by emergency rulemaking at 29 A.A.R. 1700, effective 7/14/2023 (EMERGENCY). New Section made by emergency rulemaking at 30 A.A.R. 315, effective 1/22/2024, exp. 7/20/2024(Emergency). New Section made by final rulemaking at 30 A.A.R. 2405, effective 7/3/2024.

Ariz. Admin. Code § R10-4-106 Prerequisites for a Compensation Award

A. The Board shall make a compensation award only if it determines that:

1. Criminally injurious conduct:

a. Occurred in Arizona; or

b. Occurred outside of Arizona in an area without an accessible crime compensation program and affected a resident;

2. The criminally injurious conduct directly resulted in the victim's physical injury, mental distress, medical condition, or death;

3. The victim of the criminally injurious conduct or a person who submits a claim regarding criminally injurious conduct was not:

a. The perpetrator, an accomplice of the perpetrator, or a person who encouraged or in any way participated in or facilitated the criminally injurious conduct that is the subject of the claim;

b. At the time of the criminally injurious conduct that is the subject of the claim:

i. Serving a sentence of imprisonment in any detention facility, home arrest program, or work furlough; or

ii. Incarcerated in any detention facility awaiting criminal sentencing or disposition.

c. At the time of claim submission to the operational unit for a jurisdiction:

i. Escaped from serving a sentence of imprisonment in any detention facility, home arrest program, or work furlough;

ii. Convicted of a federal crime and delinquent in paying a fine, monetary penalty, or restitution imposed for the offense if the U.S. Attorney General and the Director of the Administrative Office of the U.S. Courts have issued a written determination that the entities administering federal victim compensation programs have access to an accurate and efficient criminal debt payment tracking system; or

iii. Convicted of a state crime and delinquent in paying a fine, monetary penalty, or restitution imposed for the crime if the delinquency is identified by the Arizona Administrative Office of the Courts or the Clerk of the Superior Court.

d. Wanted in Arizona on an active warrant, if warrant status is discovered anytime following submission of the claim.

4. The criminally injurious conduct was reported to an appropriate law enforcement authority within 72 hours after its discovery;

5. The victim, derivative victim, or claimant cooperated with law enforcement agencies;

6. The victim, derivative victim, or claimant incurred economic loss as a direct result of the criminally injurious conduct that is not compensable by a collateral source; and

7. A claim, as described in R10-4-107, was submitted to the operational unit within two years after discovery of the criminally injurious conduct.

B. The Board shall extend the time limits under subsections (A)(4) and (A)(7) if the Board determines there is good cause for a delay.

C. If a victim died as a result of criminally injurious conduct, the requirements under subsections (A)(3)(c)(ii), (A)(3)(c)(iii), and (A)(3)(d) are waived for the deceased victim. Expenses incurred by the deceased victim and eligible claimants may be covered.

D. If the Board determines that a compensation award does not solely benefit a claimant who is delinquent under subsections (A)(3)(c)(ii) and (A)(3)(c)(iii), the requirements under subsections (A)(3)(c)(ii) and (A)(3)(c)(iii) may be waived for:

1. A claimant who is the parent or legal guardian of a minor victim of criminally injurious; or

2. A compensation award for expenses under R10-4-108(C)(3).

History

• Adopted effective December 31, 1986 (Supp. 86-6). Amended effective December 12, 1990 (Supp. 90-4). Amended effective October 28, 1994 (Supp. 94-4). Amended effective June 12, 1997 (Supp. 97-2). Former Section R10-4-106 renumbered to R10-4-104; new Section R10-4-106 renumbered from R10-4-108 and amended by final rulemaking at 6 A.A.R. 4727, effective November 20, 2000 (Supp. 00-4). Former R10-4-106 renumbered to R10-4-108; new R10-4-106 made by final rulemaking at 13 A.A.R. 4124, effective January 5, 2008 (Supp. 07-4). Amended by final rulemaking at 18 A.A.R. 3309, effective February 3, 2013 (Supp. 12-4). Amended by final rulemaking at 24 A.A.R. 377, effective 4/7/2018. Section expired under A.R.S. § 41-1056(J) at 29 A.A.R. 1674, effective 6/1/2023. New Section made by emergency rulemaking at 29 A.A.R. 1700, effective 7/14/2023 (EMERGENCY). New Section made by emergency rulemaking at 30 A.A.R. 315, effective 1/22/2024, exp. 7/20/2024(Emergency). New Section made by final rulemaking at 30 A.A.R. 2405, effective 7/3/2024.

Ariz. Admin. Code § R10-4-107 Submitting a Claim

A. If the prerequisites in R10-4-106 are met, a natural person is eligible to submit a claim if the person is:

1. A victim;

2. A derivative victim;

3. A person authorized to act on behalf of a victim or a deceased victim's dependent; or

4. A person who assumed an obligation for or paid an expense directly related to a victim's economic loss.

B. If a person is eligible under subsection (A) to submit a claim regarding more than one incident of criminally injurious conduct, the person shall submit a separate claim regarding each incident of criminally injurious conduct.

C. If more than one person is eligible under subsection (A) to submit a claim regarding an incident of criminally injurious conduct, each person shall submit a separate claim.

D. To apply for a compensation award, a person who is eligible under subsection (A) shall submit a claim, using a form that is available from the Commission, to the operational unit for the jurisdiction in which the incident of criminally injurious conduct occurred or to the operational unit for the jurisdiction in which a victim lives if the incident of criminally injurious conduct occurred in an area without an accessible victim compensation program. The claimant shall provide the following:

1. About the victim:

a. Full name,

b. Residential address,

c. Gender,

d. Date of birth,

e. Residential and work telephone numbers,

f. Statement of whether the victim is deceased,

g. Ethnicity,

h. Statement of whether the victim is a resident, and

i. Statement of whether the victim is disabled;

2. About the claimant if the claimant is not the victim:

a. Full name;

b. Residential address;

c. Gender;

d. Date of birth;

e. Residential and work telephone numbers;

f. Relationship to the victim; and

g. If there are multiple victims or derivative victims of an incident of criminally injurious conduct, the name, residential address, and date of birth of each, and for derivative victims, the relationship to the victim;

3. About the crime:

a. Type of crime;

b. Statement of whether the crime was related to domestic violence;

c. Statement of whether the crime was a federal crime;

d. Date on which crime was committed;

e. Date on which crime was reported to law enforcement authorities;

f. Name of law enforcement agency to which the crime was reported;

g. Name of law enforcement officer to whom the crime was reported;

h. Law enforcement report number;

i. Location of crime;

j. Name of perpetrator, if known; and

k. Brief description of the crime and resulting injuries;

4. About a civil lawsuit:

a. Statement of whether the claimant has or will file a civil lawsuit related to the crime; and

b. If the answer to subsection (D)(4)(a) is yes, the name, address, and telephone number of the claimant's attorney;

5. About benefits from collateral sources:

a. List of the benefits the claimant has received since the incident of criminally injurious conduct or is entitled to receive; and

b. For each benefit identified:

i. Type of benefit,

ii. Contact address and telephone number; and

iii. Claimant's identification or policy number;

6. About the economic loss for which compensation is requested:

a. Medical expenses. A statement of whether the claim includes medical expenses and if so, the name, address, telephone number, account number, and date of service for each provider;

b. Mental health counseling and care expenses. A statement of whether the claim includes mental health counseling and care expenses and if so, the name, address, telephone number, account number, and date of service for each provider;

c. Work loss expenses. A statement of whether the claim includes work loss expenses and if so, the date on which the claimant was first unable to work, date on which the claimant returned to work, total time lost from work, hourly rate of pay, number of hours worked each week, number of hours worked each day, name, address, and telephone number of employer, and name of supervisor;

d. Funeral expenses. A statement of whether the claim includes funeral expenses and if so, the name, address, and telephone number of the provider and the amount paid; and

e. Crime scene cleanup expenses. A statement of whether the claim includes crime scene cleanup expenses and if so, the name, address, and telephone number of the provider and the amount paid;

f. Transportation costs. A statement of whether the claim includes transportation costs and if so, the reason for travel as listed under R10-4-108(C)(6) and if mileage is claimed, the date and mileage of each trip; and

7. The claimant's dated signature:

a. Certifying that the claimant is eligible to submit a claim and that the information provided is true and correct to the best of the claimant's knowledge;

b. Subrogating to the state and operational unit the claimant's right to receive benefits from a collateral source;

c. Authorizing the release of confidential information necessary to administer the claim; and

d. Authorizing the release to the Program of protected health information that relates to care provided as a result of the criminally injurious conduct and is necessary to verify the claim.

E. A claimant shall submit the following in addition to the claim form submitted under subsection (D):

1. A copy of all bills, contracts, receipts, and insurance statements relating to each expense claimed under subsection (D)(6);

2. If work loss expenses are claimed, a signed statement on official letterhead:

a. From the claimant's employer verifying the information provided under subsection (D)(6)(c); and

b. If applicable, from the physician or mental health care provider indicating the claimant:

i. Was unable to work as a result of being a victim or derivative victim, the length of time the claimant was unable to work, and the date on which the claimant was or will be able to return to work; or

ii. Is totally and permanently disabled.

Any documentation required by the operational unit to fully investigate and substantiate claimant eligibility and all claim expense requests.

History

• Adopted effective December 31, 1986 (Supp. 86-6). Amended effective October 28, 1994 (Supp. 94-4). Former Section R10-4-107 renumbered to R10-4-105; new Section R10-4-107 renumbered from R10-4-109 and amended by final rulemaking at 6 A.A.R. 4727, effective November 20, 2000 (Supp. 00-4). Former R10-4-107 renumbered to R10-4-109; new R10-4-107 made by final rulemaking at 13 A.A.R. 4124, effective January 5, 2008 (Supp. 07-4). Amended by final rulemaking at 18 A.A.R. 3309, effective February 3, 2013 (Supp. 12-4). Amended by final rulemaking at 24 A.A.R. 377, effective 4/7/2018. Section expired under A.R.S. § 41-1056(J) at 29 A.A.R. 1674, effective 6/1/2023. New Section made by emergency rulemaking at 29 A.A.R. 1700, effective 7/14/2023 (EMERGENCY). New Section made by emergency rulemaking at 30 A.A.R. 315, effective 1/22/2024, exp. 7/20/2024(Emergency). New Section made by final rulemaking at 30 A.A.R. 2405, effective 7/3/2024.

Ariz. Admin. Code § R10-4-108 Compensation Award Criteria

A. The Board shall meet at least every 60 days to decide, based on the findings made by the operational unit, the eligibility of the claimant, whether to make a compensation award, and the terms and amount of any compensation award. The Board shall make a decision within 60 days after the operational unit receives a complete and actionable claim under R10-4-107 unless good cause for delay exists. The Board shall inform the claimant in writing within 10 business days of the Board's decision.

B. The Board shall not make a compensation award unless it determines that the prerequisites in R10-4-106 are met.

C. The Board shall make a compensation award only for the following:

1. Reasonable and customary medical expenses due to the victim's physical injury, medical condition, mental health condition, or death.

a. The Board shall include the following as a medical expense:

i. Repair of damage to a victim's prosthetic device, eyeglasses or other corrective lenses, or a dental device; and

ii. Durable medical equipment required for treatment of the victim.

b. The Board shall not include as a medical expense:

i. A charge for a private room in a hospital, clinic, convalescent home, nursing care facility, or other institution that provides medical services unless the Board determines that the private room is medically necessary; and

ii. Any drug, substance, or chemical included under Schedule I of the Federal Controlled Substances Act 21 U.S.C. § 812(c).

Reasonable and customary work loss expenses for:

a. A victim whose ability to work is reduced due to physical injury, mental distress, or medical condition resulting from the criminally injurious conduct;

b. A victim or derivative victim to:

i. Make a medical or mental health counseling and care visit; or

ii. Attend a criminal court proceeding, clemency hearing, parole hearing, or execution directly related to the criminally injurious conduct.

c. A derivative victim listed in R10-4-101(10)(a) through (c) if the Board determines the death resulted in a loss of support from the victim to the derivative victim;

d. A parent or guardian of a minor victim to transport or accompany the minor victim to:

i. A medical or mental health counseling and care visit; or

ii. A criminal court proceeding, clemency hearing, parole hearing, or execution directly related to the criminally injurious conduct.

e. A derivative victim to make funeral arrangements for a deceased victim, or tend to the affairs of a deceased victim; or

f. A family member or guardian or a person living in the victim's household in a relationship similar to those listed in R10-4-101(10)(a) to provide non-skilled nursing care for the victim that is medically necessary as a result of the criminally injurious conduct;

3. Reasonable and customary funeral expenses. Personal attendee expenses for clothing, travel, lodging, food, or per diem to attend a victim's funeral, Native American ceremony, or burial are not reasonable and customary funeral expenses and shall not be included in a claim for a compensation award;

4. Reasonable and customary mental health counseling and care expenses due to a victim's or derivative victim's mental distress resulting from the criminally injurious conduct if:

a. The mental health counseling and care is provided by an individual who:

i. Is licensed for independent practice by the Board of Behavioral Health Examiners,

ii. Is a behavioral health professional as defined at A.A.C. R9-20-101, or

iii. Is authorized to perform mental health counseling and care by the laws of a federally recognized tribe; and

b. The mental health counseling and care expenses do not include a charge for a private room in a hospital, clinic, convalescent home, nursing care facility, or any other institution that provides medical services unless the Board determines that the private room is medically necessary;

Reasonable and customary crime scene cleanup expenses due to a victim's homicide, aggravated assault, or sexual assault; and

6. Reasonable and customary transportation costs related to:

a. Obtaining medical care as defined in subsection (C)(1),

b. Obtaining mental health counseling and care as defined in subsection (C)(4),

c. A victim or derivative victim attending a criminal court proceeding, clemency hearing, parole hearing, or execution directly related to the incident of criminally injurious conduct,

d. The victim obtaining a medical forensic examination or participating in a medical forensic interview, and

e. Responding to a substantiated threat to the safety or well-being of the victim or a derivative victim listed in R10-4-101(10)(d).

D. The Board shall not make a compensation award to a claimant that exceeds:

Twenty-five thousand dollars for all economic loss submitted under a claim as a result of an incident of criminally injurious conduct;

2. The amount available to the operational unit and not committed to other compensation awards at the time the Board makes the compensation award determination;

3. For medical expenses for a victim, the maximum amount specified in subsections (D)(1) and (D)(2).

4. For work loss expenses:

a. Work loss expenses under subsections (C)(2)(a), (C)(2)(b), (C)(2)(d), (C)(2)(e), and (C)(2)(f), are limited to an amount per calendar week equal to 40 hours at the current minimum wage and the maximum amount specified in subsections (D)(1) and (D)(2);

b. Loss of support under subsection (C)(2)(c) may be awarded to the maximum allowed under subsections (D)(1) and (D)(2) in a lump sum or periodic payments;

5. For mental health counseling and care expenses, $5,000 per victim or derivative victim;

6. For funeral expenses, $10,000;

7. For crime scene cleanup expenses, $2,000 for cleanup provided by a professional service, of which $500 may be for crime scene cleanup not provided by a professional service to include only repair or cleanup material costs for one-time use items; and

8. For transportation costs, $2,000 per victim or derivative victim paid as reimbursement of actual transportation expenses.

E. If the Board determines a victim is totally and permanently disabled, the Board may expedite a compensation award for the victim. The Board shall determine the amount of the expedited compensation award to the maximum allowed under subsection (D) and determine whether to provide the amount awarded in a lump sum or periodic payments.

F. The Board shall deny or reduce a compensation award to a claimant if:

1. The victim or claimant has recouped or is eligible to recoup the economic loss from an obtainable and accessible collateral source, including benefits from a federal or federally financed program;

2. The Board determines that the victim or claimant earned income from substitute work or unreasonably failed to perform available substitute work; or

3. The Board determines that the incident of criminally injurious conduct that is the subject of the claim was due in substantial part to the victim's:

a. Negligence,

b. Intentional unlawful conduct that was the proximate cause of the incident of criminally injurious conduct, or

c. Conduct intended to provoke or aggravate that was the proximate cause of the incident of criminally injurious conduct.

G. The Board shall deny or reduce a compensation award under subsection (F)(3) in proportion to the degree to which the Board determines the victim is responsible for the incident of criminally injurious conduct that is the subject of the claim.

H. The Board shall deny a compensation award to a claimant if:

1. The Board determines that the victim or claimant did not cooperate fully with the appropriate law enforcement agency and the failure to cooperate fully was not due to a substantial medical, mental health, or safety risk. The Board shall use the following criteria to determine whether failure to cooperate fully with law enforcement warrants that a claim be denied:

a. The victim or claimant failed to assist in the prosecution of a person who engaged in the criminally injurious conduct or failed to appear as a witness for the prosecution;

b. The victim or claimant delayed assisting in the prosecution of a suspect and as a result, the suspect of the criminally injurious conduct escaped prosecution or the prosecution of the suspect was negatively affected; or

c. A law enforcement authority indicates to the Board that the victim or claimant delayed giving information pertaining to the criminally injurious conduct, failed to appear when requested without good cause, gave false or misleading information, or attempted to avoid law enforcement authorities.

2. The Board determines that the victim or claimant knowingly made a false or misleading statement on the claim or in writing on supporting documents submitted to the Board or operational unit.

I. If there are insufficient funds to make a compensation award, the Board may;

1. Deny the claim,

2. Make a partial award and reconsider the claim later during the fiscal year, or

3. Extend the claim into a subsequent fiscal year.

J. The Board shall not make a compensation award to pay attorney's fees incurred by a victim or claimant.

K. The operational unit, in its discretion, may pay a compensation award directly to a claimant or to a provider.

History

• Adopted effective December 31, 1986 (Supp. 86-6). Amended effective October 28, 1994 (Supp. 94-4). Amended effective June 12, 1997 (Supp. 97-2). Former Section R10-4-108 renumbered to R10-4-106; new Section R10-4-108 renumbered from R10-4-110 and amended by final rulemaking at 6 A.A.R. 4727, effective November 20, 2000 (Supp. 00-4). Former R10-4-108 renumbered to R10-4-110; new R10-4-108 renumbered from R10-4-106 and amended by final rulemaking at 13 A.A.R. 4124, effective January 5, 2008 (Supp. 07-4). Amended by final rulemaking at 18 A.A.R. 3309, effective February 3, 2013 (Supp. 12-4). Amended by final rulemaking at 24 A.A.R. 377, effective 4/7/2018. Section expired under A.R.S. § 41-1056(J) at 29 A.A.R. 1674, effective 6/1/2023. New Section made by emergency rulemaking at 29 A.A.R. 1700, effective 7/14/2023 (EMERGENCY). New Section made by emergency rulemaking at 30 A.A.R. 315, effective 1/22/2024, exp. 7/20/2024(Emergency). New Section made by final rulemaking at 30 A.A.R. 2405, effective 7/3/2024.

Ariz. Admin. Code § R10-4-109 Hearing; Request for Rehearing

A. If the prerequisites in R10-4-106 are met, the Board shall conduct a hearing regarding a claim submitted under this Article.

B. The Board shall provide a claimant with at least 10 business days' notice of a hearing or rehearing.

C. The Board shall provide written notice of its decision to the claimant within 10 business days after a hearing or rehearing.

D. The Board shall serve notice of a compensation-award denial or reduction by personal delivery or certified mail to the last known residence or place of business of the person being served. Service is complete upon personal delivery or five days after mailing by certified mail.

E. The operational unit may request a rehearing of a decision by the Board at any time and for any reason under this Article.

F. A claimant who is aggrieved by a decision of the Board made at a hearing may request a rehearing of the decision within 30 days after the Board serves notice of the decision. A claimant shall request a rehearing in writing and specify the grounds for the request.

G. A claimant may amend a request for a rehearing of a Board decision at any time before it is ruled on by the Board.

H. The Board may require additional written explanation of an issue raised in a request for rehearing of a Board decision and may provide for oral argument.

I. The Board shall grant a rehearing for any of the following reasons materially affecting a claimant's rights:

1. Irregularity in the proceedings of the Board or its operational unit or any order or abuse of discretion that deprived the claimant of a fair Board decision;

2. Misconduct of the Board, the operational unit, or staff of the operational unit;

3. Newly discovered material evidence that could not, with reasonable diligence, have been discovered and produced at the original Board meeting;

4. Error in the admission or rejection of evidence or other error of law occurring at the Board meeting; and

5. The decision is not justified by the evidence or is contrary to law.

J. When a rehearing is granted, the Board shall ensure that the rehearing covers only the matters specified under subsection (I) that materially affect a claimant's rights.

K. The Board may affirm or modify a decision on all or part of the issues for any of the reasons listed in subsection (I). An order modifying a decision shall specify with particularity the grounds for the order.

History

• Adopted effective December 31, 1986 (Supp. 86-6). Amended effective October 28, 1994 (Supp. 94-4). Former Section R10-4-109 renumbered to R10-4-107 by final rulemaking at 6 A.A.R. 4727, effective November 20, 2000 (Supp. 00-4). Section R10-4-109 renumbered from R10-4-107 and amended by final rulemaking at 13 A.A.R. 4124, effective January 5, 2008 (Supp. 07-4). Amended by final rulemaking at 18 A.A.R. 3309, effective February 3, 2013 (Supp. 12-4). Amended by final rulemaking at 24 A.A.R. 377, effective 4/7/2018. Section expired under A.R.S. § 41-1056(J) at 29 A.A.R. 1674, effective 6/1/2023. New Section made by emergency rulemaking at 29 A.A.R. 1700, effective 7/14/2023 (EMERGENCY). New Section made by emergency rulemaking at 30 A.A.R. 315, effective 1/22/2024, exp. 7/20/2024(Emergency). New Section made by final rulemaking at 30 A.A.R. 2405, effective 7/3/2024.

Ariz. Admin. Code § R10-4-110 State-level Claim Review

A. A claimant who is aggrieved by a decision of a Board made at a rehearing under R10-4-109 may request a state-level claim review of the decision within 30 calendar days after the Board serves notice of the decision. The claimant shall request a state-level claim review in writing, specify the grounds for the request, and submit the request directly to the Commission.

B. The State Claim Review Panel shall serve as the decision-making body for state-level claim reviews. The State Claim Review Panel shall consist of the following members:

1. The Arizona Criminal Justice Commission Crime Victim Services Program Manager,

2. A representative of the Office of the Attorney General, and

3. A Board chair from an operational unit that is not the operational unit that originally heard the claim being reviewed.

C. The State Claim Review Panel shall meet as needed to hear claimant requests for a state-level claim review. The State Claim Review Panel shall complete a state-level claim review within 30 calendar days after receiving the written request required under subsection (A).

D. A claimant may amend a request for a state-level claim review of a Board decision at any time before it is ruled on by the State Claim Review Panel.

E. When a state-level claim review is granted, the State Claim Review Panel shall ensure that the review:

1. Considers only evidence previously presented to the Board, and

Decides only whether the Board's decision was consistent with the standards in this Article.

F. The State Claim Review Panel may affirm or overturn a decision made by a Board.

G. A decision by the State Claim Review Panel is final. If the Panel overturns a decision made by a Board related to:

1. Eligibility, the operational unit where the claim originated shall proceed with any further action related to the claim; or

2. An economic loss, the operational unit where the claim originated shall pay the economic loss using compensation funds available to the operational unit.

H. The State Claim Review Panel shall provide written notice of the Panel's decision to the claimant and the operational unit that originally heard the claim within 10 business days after the state-level claim review.

History

• Adopted effective December 31, 1986 (Supp. 86-6). Amended effective October 28, 1994 (Supp. 94-4). Former Section R10-4-110 renumbered to R10-4-108 by final rulemaking at 6 A.A.R. 4727, effective November 20, 2000 (Supp. 00-4). Section R10-4-110 renumbered from R10-4-108 and amended by final rulemaking at 13 A.A.R. 4124, effective January 5, 2008 (Supp. 07-4). Section R10-4-110 renumbered to R10-4-111; new Section R10-4-110 made by final rulemaking at 18 A.A.R. 3309, effective February 3, 2013 (Supp. 12-4). Amended by final rulemaking at 24 A.A.R. 377, effective 4/7/2018. Section expired under A.R.S. § 41-1056(J) at 29 A.A.R. 1674, effective 6/1/2023. New Section made by emergency rulemaking at 29 A.A.R. 1700, effective 7/14/2023 (EMERGENCY). New Section made by emergency rulemaking at 30 A.A.R. 315, effective 1/22/2024, exp. 7/20/2024(Emergency). New Section made by final rulemaking at 30 A.A.R. 2405, effective 7/3/2024.

Ariz. Admin. Code § R10-4-111 Emergency Compensation Award

A. After receiving a claim submitted under R10-4-107, an operational unit may grant one emergency compensation award for a claim if the operational unit determines there is a reasonable likelihood that:

1. The person to whom the emergency compensation award is made is or will be an eligible claimant, and

2. Serious hardship will result to the person if an immediate compensation award is not made.

B. An operational unit that makes an emergency compensation award shall ensure that the emergency compensation award does not exceed $1,000.

C. If the Board decides under R10-4-108 to make a compensation award to the claimant, the Board shall ensure that the amount of the emergency compensation award is deducted from the final compensation award made to the claimant.

History

• Adopted effective December 31, 1986 (Supp. 86-6). Amended effective October 28, 1994 (Supp. 94-4). Section repealed by final rulemaking at 6 A.A.R. 4727, effective November 20, 2000 (Supp. 00-4). New Section R10-4-111 renumbered from R10-4-110 and amended by final rulemaking at 18 A.A.R. 3309, effective February 3, 2013 (Supp. 12-4). Section expired under A.R.S. § 41-1056(J) at 29 A.A.R. 1674, effective 6/1/2023. New Section made by emergency rulemaking at 29 A.A.R. 1700, effective 7/14/2023 (EMERGENCY). New Section made by emergency rulemaking at 30 A.A.R. 315, effective 1/22/2024, exp. 7/20/2024(Emergency). New Section made by final rulemaking at 30 A.A.R. 2405, effective 7/3/2024.

Article 2 CRIME VICTIM ASSISTANCE PROGRAM

Ariz. Admin. Code § R10-4-201 Definitions

In this Article:

"Commission" means the Arizona Criminal Justice Commission, established by A.R.S. § 41-2404.

2. "Crime" means conduct, completed or preparatory, committed in Arizona that is a misdemeanor or felony under state law regardless of whether the perpetrator of the conduct is convicted. Conduct arising out of owning, maintaining, or operating a motor vehicle, aircraft, or water vehicle is not a crime unless the person engaged in the conduct acts intentionally, knowingly, recklessly, or with criminal negligence, to cause physical injury, threat of physical injury, or death.

3. "Financial support from other sources" means that at least one-fifth of the budget for a victim assistance program is from sources, including in-kind contributions, other than the Fund.

4. "Fund" means the Victim Compensation and Assistance Fund established by A.R.S. § 41-2407.

5. "Immediate family" means spouse, child, stepchild, parent, stepparent, sibling, stepbrother, stepsister, grandparent, grandchild, or guardian.

6. "In-kind contribution" means a non-cash source of program support to which a cash value can be given.

7. "Subrogation" means the substitution of the state or a victim assistance program in the place of a victim to enforce a lawful claim against a third party to recover the cost of services to the victim paid for with financial support from the Fund or other sources.

8. "Victim" means a natural person against whom a crime is perpetrated and the victim's immediate family.

History

• Adopted effective December 22, 1986 (Supp. 86-6). Section repealed; new Section R10-4-201 renumbered from R10-4-203 and amended by final rulemaking at 6 A.A.R. 4660, effective November 20, 2000 (Supp. 00-4). Amended by final rulemaking at 13 A.A.R. 4124, effective January 5, 2008 (Supp. 07-4). Amended by final rulemaking at 18 A.A.R. 3309, effective February 3, 2013 (Supp. 12-4). Amended by final rulemaking at 24 A.A.R. 377, effective 4/7/2018. Section expired under A.R.S. § 41-1056(J) at 29 A.A.R. 1674, effective 6/1/2023. New Section made by emergency rulemaking at 29 A.A.R. 1700, effective 7/14/2023 (EMERGENCY). New Section made by emergency rulemaking at 30 A.A.R. 315, effective 1/22/2024, exp. 7/20/2024(Emergency). New Section made by final rulemaking at 30 A.A.R. 2405, effective 7/3/2024.

Ariz. Admin. Code § R10-4-202 Administration of the Fund

A. The Commission shall deposit in the Fund all funds received for victim assistance under this Chapter.

B. The Commission shall make distributions from the Fund through a competitive grant process that complies with A.R.S. § 41-2701 et seq. and ensures statewide distribution when possible and effective and efficient use of the funds.

C. At least six weeks before an application for a grant from the Fund is due, the Commission shall make a grant application form and instructions available on its web site, which is www.azcjc.gov.

D. To apply for a grant from the Fund, an authorized official of a public agency or private nonprofit organization that operates a program that meets the standards in R10-4-203 shall complete and submit to the Commission the application form referenced in subsection (C).

E. The Commission's grant period coincides with the state's fiscal year. If funds received from the Commission are unexpended at the end of the grant period, the public agency or private nonprofit organization that received the funds shall return them to the Commission within 30 days after receiving a written request from the Commission. The Commission shall redeposit the unexpended funds in the Fund for use in the next fiscal year.

History

• Adopted effective December 22, 1986 (Supp. 86-6). Amended effective October 28, 1994 (Supp. 94-4). Section repealed; new Section R10-4-202 renumbered from R10-4-204 and amended by final rulemaking at 6 A.A.R. 4660, effective November 20, 2000 (Supp. 00-4). Amended by final rulemaking at 13 A.A.R. 4124, effective January 5, 2008 (Supp. 07-4). Amended by final rulemaking at 18 A.A.R. 3309, effective February 3, 2013 (Supp. 12-4). Amended by final rulemaking at 24 A.A.R. 377, effective 4/7/2018. Section expired under A.R.S. § 41-1056(J) at 29 A.A.R. 1674, effective 6/1/2023. New Section made by emergency rulemaking at 29 A.A.R. 1700, effective 7/14/2023 (EMERGENCY). New Section made by emergency rulemaking at 30 A.A.R. 315, effective 1/22/2024, exp. 7/20/2024(Emergency). New Section made by final rulemaking at 30 A.A.R. 2405, effective 7/3/2024.

Ariz. Admin. Code § R10-4-203 Grant Eligibility Requirements

A. A public agency or private nonprofit organization may apply for and receive a grant from the Commission if, in addition to the other requirements in this Section, the public agency or private nonprofit organization operates a project that:

1. Provides services described in R10-4-204 benefitting victims or addressing victimization;

2. Does not use Commission funds or federal funds to supplant funds otherwise available to the project for victim assistance;

3. Uses volunteers effectively and efficiently to provide services;

4. Promotes coordinated public and private efforts to assist victims or address victimization within the community served;

5. Increases awareness of, and facilitates access to, available victim compensation benefits; and

6. Complies with all applicable civil rights laws.

B. To receive a grant from the Commission, a public agency or private nonprofit organization that operates a project shall demonstrate to the Commission that the project:

1. Has financial support from other sources; and

2. Has a history of providing effective services in accordance with section (A). The Commission shall determine whether the project's services are effective based on:

a. Evidence-based outcomes demonstrating project services are benefitting victims or addressing victimization, and

b. Whether data indicate program results are achieved in a cost-effective manner.

C. To receive a grant from the Commission, a public agency or private nonprofit organization shall agree to:

1. Submit to the Commission financial reports, on a form provided by the Commission, at a frequency established by the Commission, containing detailed expenditures of funds received from the Commission and matching funds;

Report project activity to the Commission, on a form provided by the Commission, at a frequency established annually by the Commission.

History

• Adopted effective December 22, 1986 (Supp. 86-6). Amended effective October 28, 1994 (Supp. 94-4). Former Section R10-4-203 renumbered to R10-4-201; new Section R10-4-203 renumbered from R10-4-205 and amended by final rulemaking at 6 A.A.R. 4660, effective November 20, 2000 (Supp. 00-4). Amended by final rulemaking at 13 A.A.R. 4124, effective January 5, 2008 (Supp. 07-4). Amended by final rulemaking at 18 A.A.R. 3309, effective February 3, 2013 (Supp. 12-4). Amended by final rulemaking at 24 A.A.R. 377, effective 4/7/2018. Section expired under A.R.S. § 41-1056(J) at 29 A.A.R. 1674, effective 6/1/2023. New Section made by emergency rulemaking at 29 A.A.R. 1700, effective 7/14/2023 (EMERGENCY). New Section made by emergency rulemaking at 30 A.A.R. 315, effective 1/22/2024, exp. 7/20/2024(Emergency). New Section made by final rulemaking at 30 A.A.R. 2405, effective 7/3/2024.

Ariz. Admin. Code § R10-4-204 Services

A. A public agency or private nonprofit organization that receives a grant from the Commission shall ensure that the funds are used to provide only the following victim services or services addressing victimization:

1. Crisis intervention services to meet the urgent emotional or physical needs of a victim;

2. Emergency services such as:

a. Temporary shelter or relocation for a victim who cannot safely remain in current lodgings;

b. Emergency financial assistance for immediate needs related to transportation, food, shelter, and other necessities; and

c. Temporary repairs to doors, locks, and windows damaged as a result of a crime to prevent further victimization;

Support services, such as:

a. Assistance dealing with the effects of victimization;

b. Assistance dealing with other social services and criminal justice agencies;

c. Assistance in replacing, or obtaining the return of property kept as evidence;

d. Assistance in dealing with the victim's landlord or employer; and

e. Referral to other sources of assistance as needed;

4. Court-related services, such as:

a. Direct services or financial assistance that helps a victim participate in criminal justice proceedings, such as child care, meals, and parking expenses; and

b. Advocate services such as escorting a victim to criminal justice-related interviews, court proceedings, and assistance in accessing temporary protection services; and

5. Notification services, such as those found in A.R.S Title 13, Chapter 40, Crime Victims' Rights.

B. A public agency or private nonprofit organization that receives a grant from the Commission may use the funds to:

1. Provide training for paid or volunteer staff of agencies who provide services directly benefitting victims;

2. Produce educational or outreach materials describing the services available, how to obtain program assistance, and volunteer opportunities; and

Provide training or services focused on preventing initial victimization or further victimization connected to violent crime.

C. A public agency or private nonprofit organization that receives a grant from the Commission shall ensure that funds are not used for the following:

1. Broad crime prevention efforts, other than those aimed at providing specific services addressing victimization;

General public relations programs;

3. Advocacy for a particular legislative or administrative reform;

4. General criminal justice agency improvement; or

5. A project in which victims are not the primary beneficiaries, or a project not directly addressing victimization.

History

• Adopted effective December 22, 1986 (Supp. 86-6). Amended effective October 28, 1994 (Supp. 94-4). Former Section R10-4-204 renumbered to R10-4-202; new Section R10-4-204 renumbered from R10-4-206 and amended by final rulemaking at 6 A.A.R. 4660, effective November 20, 2000 (Supp. 00-4). Amended by final rulemaking at 13 A.A.R. 4124, effective January 5, 2008 (Supp. 07-4). Amended by final rulemaking at 18 A.A.R. 3309, effective February 3, 2013 (Supp. 12-4). Amended by final rulemaking at 24 A.A.R. 377, effective 4/7/2018. Section expired under A.R.S. § 41-1056(J) at 29 A.A.R. 1674, effective 6/1/2023. New Section made by emergency rulemaking at 29 A.A.R. 1700, effective 7/14/2023 (EMERGENCY). New Section made by emergency rulemaking at 30 A.A.R. 315, effective 1/22/2024, exp. 7/20/2024(Emergency). New Section made by final rulemaking at 30 A.A.R. 2405, effective 7/3/2024.

Article 3 CRIMINAL JUSTICE ENHANCEMENT FUND

Ariz. Admin. Code § R10-4-301 Definitions

In this Article:

1. "Commission" means the Arizona Criminal Justice Commission.

2. "Contact" means the individual representative of a recipient or the Arizona Sheriffs' Association, on behalf of the various county sheriffs' offices, who communicates with the Commission regarding the Fund.

3. "Enhance" or "enhancing," as used in A.R.S. § 41-2401(D), means to supplement rather than replace monies from other sources.

4. "Fund" means the Criminal Justice Enhancement Fund established by A.R.S. § 41-2401(A).

5. "Head" means:

a. The Director of the Arizona Department of Public Safety,

b. The Arizona Attorney General,

c. The Director of the Administrative Office of the Courts, and

d. The sheriff of each Arizona county.

6. "Recipient" means the Arizona Department of Public Safety, Arizona Department of Law, the Supreme Court, and each Arizona county sheriff's office.

History

• Adopted effective September 11, 1986 (Supp. 86-5). R10-4-301 repealed by summary action with an interim effective date of November 28, 1997; filed in the Office of the Secretary of State November 3, 1997 (Supp. 97-4). Adopted summary rules filed March 16, 1998; interim effective date of November 28, 1997, now the permanent effective date (Supp. 98-1). New Section made by final rulemaking at 17 A.A.R. 1469, effective September 10, 2011 (Supp. 11-3).

Ariz. Admin. Code § R10-4-302 Contact Information Required

A. Within 60 days after this Article takes effect, each Head and the President of the Arizona Sheriffs' Association shall submit to the Commission the name, address, telephone and fax numbers, and e-mail of the contact.

B. If any of the information submitted under subsection (A) changes, the Head or the President of the Arizona Sheriffs' Association shall provide immediate notice of the change to the Commission.

History

• Adopted effective September 11, 1986 (Supp. 86-5). R10-4-302 repealed by summary action with an interim effective date of November 28, 1997; filed in the Office of the Secretary of State November 3, 1997 (Supp. 97-4). Adopted summary rules filed March 16, 1998; interim effective date of November 28, 1997, now the permanent effective date (Supp. 98-1). New Section made by final rulemaking at 17 A.A.R. 1469, effective September 10, 2011 (Supp. 11-3).

Ariz. Admin. Code § R10-4-303 Fund Guidelines Required

A. Within 60 days after this Article takes effect, the contact within the Arizona Department of Public Safety, Arizona Department of Law, and the Administrative Office of the Courts shall submit to the Commission the recipient's guidelines regarding the following:

1. The procedure for handling Fund monies until they are allocated for expenditure,

2. The procedure used to allocate Fund monies,

3. The procedure used to ensure that Fund monies are expended as specified in A.R.S. § 41-2401(D), and

4. The procedure used to assess the impact of the Fund monies on enhancing criminal justice in the manner specified in A.R.S. § 41-2401(D).

B. Within 60 days after this Article takes effect, the contact for each county Sheriff's Office or the Arizona Sheriffs' Association shall submit to the Commission guidelines that meet the standard described in subsections (A)(3) and (4);

C. Within 60 days after the guidelines submitted under subsections (A) and (B) are received, the Commission shall review the guidelines and assist the contact to make any changes necessary to protect Fund monies and ensure that Fund monies are expended as specified in A.R.S. § 41-2401.

D. A recipient or the Arizona Sheriffs' Association shall review and, if necessary, update the guidelines. By October 1 of each year, the contact for each recipient or the Arizona Sheriffs' Association shall provide to the Commission the guidelines as revised or inform the Commission that no revision is necessary. Within 60 days after revised guidelines submitted under this subsection are received, the Commission shall review the revised guidelines and assist the contact to make any changes necessary to protect Fund monies and ensure that Fund monies are expended as specified in A.R.S. § 41-2401.

History

• Adopted effective September 11, 1986 (Supp. 86-5). R10-4-303 repealed by summary action with an interim effective date of November 28, 1997; filed in the Office of the Secretary of State November 3, 1997 (Supp. 97-4). Adopted summary rules filed March 16, 1998; interim effective date of November 28, 1997, now the permanent effective date (Supp. 98-1). New Section made by final rulemaking at 17 A.A.R. 1469, effective September 10, 2011 (Supp. 11-3).

Ariz. Admin. Code § R10-4-304 Records Required

A. A Head shall ensure that the following records are maintained for the recipient:

1. The amount of Fund monies available to the recipient,

2. To whom Fund monies were disbursed and the amount of Fund monies disbursed,

3. A detailed description of the manner in which the Fund monies are expended, and

4. An assessment of the impact of the Fund monies on enhancing criminal justice.

B. A Head shall ensure that the records required under subsection (A) are:

Maintained for three years; and

Made available, upon request, for review by the Commission and the Arizona Auditor General.

C. All reports required of a recipient by statute to be submitted to the Commission are subject to review and verification by the Commission.

History

• Adopted effective September 11, 1986 (Supp. 86-5). R10-4-304 repealed by summary action with an interim effective date of November 28, 1997; filed in the Office of the Secretary of State November 3, 1997 (Supp. 97-4). Adopted summary rules filed March 16, 1998; interim effective date of November 28, 1997, now the permanent effective date (Supp. 98-1). New Section made by final rulemaking at 17 A.A.R. 1469, effective September 10, 2011 (Supp. 11-3).

Ariz. Admin. Code § R10-4-305 Complaints

A. An individual who believes that Fund monies are being expended in a manner that is inconsistent with A.R.S. § 41-2401(D) may:

Submit a written complaint to the Commission; and

2. If the complaint relates to an expenditure by a court, shall submit the complaint to the Director of the Administrative Office of the Courts.

B. An individual who submits a complaint shall ensure that the complaint includes sufficient information to enable the Commission to investigate the expenditure alleged to be inconsistent with A.R.S. § 41-2401(D).

C. Except as specified in subsection (E), if the Commission determines that an expenditure about which a complaint is submitted appears to be inconsistent with A.R.S. § 41-2401(D), the Commission shall ask the Head to explain the expenditure.

D. If the Commission determines that the expenditure is inconsistent with A.R.S. § 41-2401(D), the Commission shall take action allowed by law to remedy the expenditure.

E. The Director of the Administrative Office of the Courts shall:

Investigate an expenditure about which a complaint is submitted under subsection (A)(2),

2. Determine whether the expenditure is inconsistent with A.R.S. § 41-2401(D), and

3. Notify the Commission of the determination and any action taken to remedy the expenditure.

History

• Adopted effective September 11, 1986 (Supp. 86-5). R10-4-305 repealed by summary action with an interim effective date of November 28, 1997; filed in the Office of the Secretary of State November 3, 1997 (Supp. 97-4). Adopted summary rules filed March 16, 1998; interim effective date of November 28, 1997, now the permanent effective date (Supp. 98-1). New Section made by final rulemaking at 17 A.A.R. 1469, effective September 10, 2011 (Supp. 11-3).

Article 4 DRUG AND GANG ENFORCEMENT ACCOUNT GRANTS

Ariz. Admin. Code § R10-4-401 Definitions

In this Article:

"A-133 audit report" means a report on an audit conducted in accordance with the standards for obtaining consistency and uniformity among federal agencies for the audit of non-federal entities expending federal awards established by the Office of Management and Budget in Circular A-133.

"Account" means the Drug and Gang Enforcement Account established by A.R.S. § 41-2402.

"Applicant" means an approved agency or task force that submits an application for a grant from the Account.

"Approved agency" means a unit of state, county, local, or tribal government working to accomplish one or more of the goals established at A.R.S. § 41-2402(A).

"Approved project" means a planned endeavor to accomplish one or more of the goals established at A.R.S. § 41-2402(A) for which a grant is made from the Account.

"Commission" means the Arizona Criminal Justice Commission established by A.R.S. § 41-2404.

"Committee" means the Drug, Gang, and Violent Crime Committee of the Commission.

"Host agency" means an approved agency that submits a grant application and required reports on behalf of a task force.

"Matching funds" means non-federal and non-Account money or program income that a grant recipient adds to a grant from the Account and spends to accomplish the goals of an approved project.

"Program income" means funds generated as a result of the activities funded by a grant from the Account.

"Task force" means multiple approved agencies from different jurisdictions that collaborate to accomplish multiple goals established at A.R.S. § 41-2402(A).

History

• Adopted as an emergency effective February 22, 1988, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 88-1). Emergency expired. Adopted without change as a permanent rule effective July 18, 1988 (Supp. 88-3). Amended effective October 28, 1994 (Supp. 94-4). Amended by final rulemaking at 7 A.A.R. 1007, effective February 8, 2001 (Supp. 01-1). Amended by final rulemaking at 14 A.A.R. 4654, effective January 31, 2009 (Supp. 08-4).

Ariz. Admin. Code § R10-4-402 General Information Regarding Grants

A. The Commission may annually request grant applications and make grant awards of Account funds.

B. The Commission's ability to make grant awards is contingent upon the availability of Account funds.

C. The Commission shall publish its priorities for grant awards in a report of the state's strategy for combating drugs, gangs, and violent crime.

D. The Commission shall make all information regarding grants, including the request for grant applications and application and report forms, available on its web site.

E. The Commission shall ensure that training regarding grant application procedures and grant management are made available to interested approved agencies.

F. The Commission shall provide oversight of all grants awarded, which may include conducting a financial review or audit of a grant recipient, to ensure that Account funds are expended in compliance with all terms of the grant agreement and all applicable state and federal laws.

G. The Commission may require that a grant recipient provide matching funds in the amount specified in the request for grant applications.

H. The Commission shall not require a grant recipient to provide matching funds that exceed 25% of the total project budget.

History

• Adopted as an emergency effective February 22, 1988, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 88-1). Emergency expired. Adopted without change as a permanent rule effective July 18, 1988 (Supp. 88-3). Amended effective October 28, 1994 (Supp. 94-4). Amended by final rulemaking at 7 A.A.R. 1007, effective February 8, 2001 (Supp. 01-1). Former Section R10-4-402 renumbered to R10-4-403; new Section made by final rulemaking 14 A.A.R. 4654, effective January 31, 2009 (Supp. 08-4). Amended by final rulemaking at 24 A.A.R. 3425, effective 12/4/2018.

Ariz. Admin. Code § R10-4-403 Grant Application

A. An approved agency or task force may submit an application for a grant from the Account. If application is made by a task force, members of the task force shall identify a host agency.

B. An applicant shall access, complete, and submit to the Commission the application form that is available on the Commission's web site. The applicant shall provide the following information:

1. Title of the application and proposed project;

2. Purpose specified in A.R.S. § 41-2402(A) that the proposed project will address;

3. Statement of whether the application is a request to continue a previously approved project;

4. Name and address of the applicant;

5. List of member agencies of the task force if the applicant is a task force;

6. Name of the individual authorized to submit the application;

7. Name of the individual responsible for administering and supervising the proposed project;

8. Statement of the mission of the proposed project;

Statement of the problem addressed by the proposed project including data reflecting:

a. The scope of the problem, and

b. The absence or inadequacy of current resources to address the problem;

10. Summary of the proposed project that explains how the proposed project seeks to address the problem identified;

11. Description of collaborative efforts among law enforcement, prosecution, community organizations, social service agencies, and others that will be involved with the proposed project;

Description of the methodology that will be used to evaluate the effectiveness of the proposed project;

13. Goals of the proposed project stating what the proposed project is intended to accomplish;

14. Objectives that are specific, measurable, and directly correlated to the goals of the proposed project;

15. Detailed budget that includes:

a. Total amount to be expended on the proposed project including both Account and matching funds;

b. Estimated amount to be expended for various allowable expenses and the manner in which the estimate was determined;

c. Sources of the required matching funds; and

d. Statement of whether Account funds received will be used as matching funds for another grant program and if so, the name of the grant program and funding agency;

16. Date of the jurisdiction's current A-133 audit report;

17. Description of the internal controls the applicant will use to ensure compliance with all terms of the grant agreement;

18. Description of plan to sustain the project if Account funds are no longer available; and

19. Signature of the individual identified in subsection (B)(6) certifying that the information presented is correct and that if a grant is received, the applicant will comply with the terms of the grant agreement and all applicable state and federal laws.

C. In addition to submitting the application form required under subsection (B), an applicant shall submit to the Commission:

1. A copy of the jurisdiction's current A-133 audit report or if the jurisdiction does not have a current A-133 audit report, a copy of all correspondence relating to an extension of time to have an audit completed;

2. If the applicant is a task force, a letter on agency letterhead or another document from each member agency of the task force describing the manner in which the member intends to contribute to the proposed project; and

3. If the applicant's jurisdiction applied directly for federal criminal justice grant funding:

a. Each applicant must disclose whether it has, or is proposed as a subrecipient under, any pending application for federally-funded grants or cooperative agreements that:

i. Include requests for funding to support the same project being proposed in the application for a grant from the Account; and

ii. Would cover identical cost items outlined in the budget submitted to the Commission as part of the application for a grant from the Account.

b. The applicant is to disclose applications made directly to federal awarding agencies, and also applications for subawards of federal funds (e.g. applications to state agencies that will subaward federal funds).

History

• Adopted as an emergency effective February 22, 1988, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 88-1). Emergency expired. Adopted without change as a permanent rule effective July 18, 1988 (Supp. 88-3). Amended by final rulemaking at 7 A.A.R. 1007, effective February 8, 2001 (Supp. 01-1). Former Section R10-4-403 renumbered to R10-4-404; new Section R10-4-403 renumbered from R10-4-402 and amended by final rulemaking at 14 A.A.C. 4654, effective January 31, 2009 (Supp. 08-4). Amended by final rulemaking at 24 A.A.R. 3425, effective 12/4/2018.

Ariz. Admin. Code § R10-4-404 Application Evaluation; Standards for Award

A. The Commission shall ensure that each application that is submitted timely and proposes a project eligible for funding from the Account is evaluated. After the applications are evaluated, the Committee shall forward a recommended allocation plan to the Commission. The Commission shall grant or deny funding within 90 days after the application deadline.

B. If the Commission determines that it needs additional information to facilitate its review of an application, the Commission shall:

1. Request the additional information from the applicant, or

2. Request the applicant to amend the application.

C. The Commission shall approve grant funding, in whole or in part, or deny funding using standards referenced under A.R.S. § 41-2402 and R10-4-402(C).

D. The standards referenced in subsection (C) include an assessment of whether the proposed project:

1. Is directed toward a problem that is demonstrated by statistical data;

2. Is designed to address the identified problem;

3. Is a coordinated effort among multiple approved agencies;

4. Has specific goals;

5. Has measurable objectives that relate to the goals;

6. Has appropriate methods for evaluating achievement of objectives;

7. Has a reasonable budget of allowable expenses;

8. Has identified the required matching funds;

9. Has internal controls to monitor expenditure of Account funds; and

10. If the program was previously funded, all grant requirements were met timely and there were no reportable deficiencies during monitoring reviews.

History

• Adopted as an emergency effective February 22, 1988, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 88-1). Emergency expired. Adopted without change as a permanent rule effective July 18, 1988 (Supp. 88-3). Amended effective October 28, 1994 (Supp. 94-4). Amended by final rulemaking at 7 A.A.R. 1007, effective February 8, 2001 (Supp. 01-1). Former Section 10-4-404 renumbered to R10-4-406; new Section R10-4-404 renumbered from R10-4-403 and amended by final rulemaking 14 A.A.R. 4654, effective January 31, 2009 (Supp. 08-4). Amended by final rulemaking at 24 A.A.R. 3425, effective 12/4/2018.

Ariz. Admin. Code § R10-4-405 Request for Modification of Recommended Allocation Plan

A. Commission staff shall provide an applicant with at least five days' notice of the Committee's recommended allocation plan and the date, time, and location of the meeting at which the Committee will make a decision about forwarding the recommended allocation plan to the Commission for its action.

B. If an applicant disagrees with the recommended allocation plan, the applicant may verbally request that the Committee modify the recommended allocation plan. The Committee shall consider the request for modification before forwarding the recommended allocation plan to the Commission.

C. Commission staff shall provide an applicant with at least five days' notice of the date, time, and location of the meeting at which the Commission will consider the recommended allocation plan.

D. If an applicant disagrees with the recommendation of the Committee, the applicant may verbally request that the Commission modify the recommended allocation plan. The Commission shall consider the request for modification when making a final decision to award or deny a grant of Account funds to the applicant. The Commission's decision is final.

History

• New Section made by final rulemaking at 14 A.A.R. 4654, effective January 31, 2009 (Supp. 08-4).

Ariz. Admin. Code § R10-4-406 Required Reports

A. The Commission shall annually prepare and submit the report required under A.R.S. § 41-2405(A)(11). The Commission shall use data submitted by grant recipients as specified in the recipient's grant agreement to prepare the report.

B. A grant recipient shall submit to the Commission financial, activity, and progress reports documenting the activities supported by the Account funds. The grant recipient shall submit the reports as specified in the grant agreement. The specific reports required are determined by the nature of the proposed project.

C. The Commission shall not distribute Account funds to a grant recipient that fails to submit a required report within 60 days of its due date.

D. A grant recipient shall cooperate with and participate in all assessment, evaluation, or data collection efforts authorized by the Commission.

E. The Commission has the right to obtain, reproduce, publish, or use information provided in the required reports or assessment, evaluation, or data collection efforts. When in the best interest of the state, the Commission may authorize others to receive and use the information.

History

• New Section R10-4-406 renumbered from R10-4-404 and amended by final rulemaking 14 A.A.R. 4654, effective January 31, 2009 (Supp. 08-4). Amended by final rulemaking at 24 A.A.R. 3425, effective 12/4/2018.

Article 5 FULL-SERVICE FORENSIC CRIME LABORATORY ACCOUNT

Ariz. Admin. Code § R10-4-501 Definitions

In this Article:

1. "Account" means the Full-service Forensic Crime Laboratories Account established by A.R.S. § 41-2421(J)(5).

2. "Commission" means the Arizona Criminal Justice Commission established by A.R.S. § 41-2404.

3. "Full-service forensic crime laboratory" means a facility that:

a. Is operated by a criminal justice agency that is a political subdivision of the state;

b. Employs at least one full-time forensic scientist who holds a minimum of a bachelor's degree in a physical or natural science;

c. Is registered as an analytical laboratory with the Drug Enforcement Administration of the United States Department of Justice for possession of all scheduled, controlled substances;

d. Is accredited by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board; and

e. Provides, at a minimum, services in the areas of controlled substances, forensic biology, DNA, blood and breath alcohol, firearms, and toolmarks.

History

• New Section made by final rulemaking at 7 A.A.R. 2217, effective May 11, 2001 (Supp. 01-2). Amended by final rulemaking at 12 A.A.R. 2294, effective August 5, 2006 (Supp. 06-2).

Ariz. Admin. Code § R10-4-502 Grant Solicitation Process

A. The Commission shall annually publish and post on the Commission's internet site, which is www.azcjc.gov, a grant solicitation for distribution of Account monies. When the grant solicitation is posted, the Commission shall send an electronic notice of the posting to all Arizona criminal justice agencies that operate a full-service forensic crime laboratory.

B. The Commission shall ensure that the grant solicitation contains:

1. The Commission's goals for the grant program for the allocation year,

Applicant eligibility criteria,

The format in which a grant application is to be submitted,

4. The date by which a grant application is to be submitted,

5. Grant application evaluation criteria,

Project expenses for which Account monies may be used,

7. The period in which all Account monies must be expended,

8. Account money reversion criteria and process, and

9. The award denial appeal process.

History

• New Section made by final rulemaking at 7 A.A.R. 2217, effective May 11, 2001 (Supp. 01-2). Amended by final rulemaking at 12 A.A.R. 2294, effective August 5, 2006 (Supp. 06-2).

Ariz. Admin. Code § R10-4-503 Grant Application Evaluation; Decision of the Commission

A. The Commission shall evaluate each grant application and make a decision to award or deny a grant within 120 days of the date by which grant applications are due.

B. If the Commission determines additional information is needed to facilitate its evaluation of an application, the Commission shall request from the applicant:

1. Additional information, or

2. Application modification.

C. An applicant from whom additional information or application modification is requested shall submit the information or modification to the Commission within 10 business days from the date of the request.

D. After completing its evaluation of an application, the Commission shall vote to award, in whole or in part, or deny a grant based on:

1. The grant criteria published in the grant solicitation;

2. The amount of funds available for allocation; and

3. Compliance with the application format.

History

• New Section made by final rulemaking at 7 A.A.R. 2217, effective May 11, 2001 (Supp. 01-2). Amended by final rulemaking at 12 A.A.R. 2294, effective August 5, 2006 (Supp. 06-2).

Ariz. Admin. Code § R10-4-504 Reports

Within 15 days after the end of each calendar quarter, a grantee shall submit a written report, on a form prescribed by the Commission, containing:

1. A financial report that includes itemized budget information, and

2. An activity report that documents activities supported by the grant funds and includes:

a. A narrative of activities undertaken during the reporting period;

b. An evaluation of progress toward achieving the goals and objectives in the grant application;

c. An evaluation of adherence to the time-frames in the grant application; and

d. A description of equipment purchased with grant funds during the reporting period, how the equipment is related to achieving the goals and objectives of the project, and the current status of the equipment, such as whether it is operational, waiting to be installed, or undergoing testing; and

3. A copy of any deliverable provided by a consultant paid with grant funds.

History

• New Section made by final rulemaking at 7 A.A.R. 2217, effective May 11, 2001 (Supp. 01-2). Amended by final rulemaking at 12 A.A.R. 2294, effective August 5, 2006 (Supp. 06-2).