Ariz. Admin. Code § 10-2-120

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

Section 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

4. 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).

Ariz. Admin. Code § R10-2-120

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