A. The Board shall
investigate any sworn complaint against a person or entity alleging violation
of A.R.S. §
32-3001 et
seq. or this Chapter. For purposes of this Section, "investigated party" means
an entity or person that is the subject of a Board investigation.
B. Board staff may request production of
records or information from an investigated party or complainant, and request
an interview with an employee or agent of the investigated party. The
investigated party may file written objections with the Board regarding the
Board's request for production of records or information or an interview within
15 days after receipt of the request. Unless the investigated party timely
files an objection to the Board's request, the investigated party shall produce
the requested documents or information and make an employee or agent of the
investigated party available for interview by the Board. Board staff shall
attempt to resolve informally an objection to a request for documents,
information, or an interview. If no resolution is reached, the Board shall hear
and decide the matter.
C. The Board
shall not disclose documents and materials relating to an investigated matter
except to the investigated party, until the matter is closed, settled by
stipulation, or set for hearing under Title 41, Chapter 6, Article
10.
D. When an investigation is
complete, the matter shall be referred to the Board's Complaint Committee for
consideration.
E. After
consideration of the matter investigated, the Complaint Committee may take
1.
Instruct Board staff to conduct further
investigation. After further investigation, the matter may be re-heard by the
Complaint Committee or referred to the Board;
2.
Determine that the investigation does not
demonstrate a violation of A.R.S. §
32-3001 et
seq. or this Chapter and recommend to the Board that the investigation be
closed; or
3.
Determine that the investigation demonstrates there
are reasonable grounds to indicate a violation of A.R.S. §
32-3001 et
seq. or this Chapter and send a report of its findings and recommendation to
the Board any of the actions specified in A.R.S. §
32-3052(E).
F. If the Complaint Committee
refers the matter to the Board, the Board shall assess the information provided
and take any of the actions authorized under A.R.S. §
32-3052
((F) through (J).
Notes
Ariz. Admin. Code §
R4-39-501
Adopted effective May
21, 1985 (Supp. 85-3). Amended effective February 23, 1993 (Supp. 93-1).
Section repealed; new Section made by final rulemaking at 8 A.A.R. 1947,
effective April 2, 2002 (Supp. 02-2). Amended by final rulemaking at
22
A.A.R. 921, effective 6/4/2016.
