Ariz. Admin. Code § 10-3-405

Current through Register Vol. 30, No. 15, Arpil 12, 2024

Section 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.

Ariz. Admin. Code § R10-3-405

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