Ariz. Admin. Code § 10-3-412

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

Section 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

6. 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.

Ariz. Admin. Code § R10-3-412

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