Ariz. Admin. Code § 2-10-102

Current through Register Vol. 30, No. 24, June 14, 2024

Section R2-10-102 - [Effective 7/6/2024] Reporting Procedures

A. Any agency, provider, or other person or entity insured pursuant to A.R.S. § 41-621 shall report a property loss, liability claim, or incident that may give rise to a claim under A.R.S. § 41-621 to RM as follows:

1. A physical injury within 1 day of the incident orally, in writing, or by electronic means.

2. Property damage expected to exceed $10,000 within 1 day of the incident orally, in writing, or by electronic means.

3. Property loss expected to exceed $10,000 within 1 day of the incident orally, in writing, or by electronic means.

4. Except for the Board of Regents and State Universities, a data breach, security system breach or security incident orally or in writing to the ADOA Chief Information Officer within 72 hours of the incident or when the agency should have reasonably known of the incident. For the Board of Regents and State Universities, a data breach, security system breach or security incident orally or in writing to the ADOA Risk Manager within 72 hours of the incident or when the agency should have reasonably known of the incident.

5. All other claims or incidents within 10 days of the incident in writing or by electronic means.

B. Any agency, officer, employee, or other person or entity insured pursuant to A.R.S. § 41-621, who receives a claim, notice, summons, complaint or other process by any claimant or representative shall immediately forward the claim to RM. This applies to all claims for injuries or damages whether the reporting party believes there to be a factual basis for the claim, but excludes contract lawsuits or other matters not covered under A.R.S. § 41-621.

C. Anyone who is insured pursuant to A.R.S. § 41-621 shall cooperate in accordance with A.R.S. § 41-621(N) with RM and the Attorney General's office or other counsel appointed by the Attorney General to represent the insured, including providing all information and materials requested to investigate and resolve a claim.

D. An agency shall submit a report of a loss on the following RM forms:

1. A loss involving a state-owned vehicle or a state driver on the "Automobile Loss Report". Information required includes: the agency involved, facts of the incident, the vehicles involved, description of injuries to individuals, names of witnesses, and the police agency that investigated the incident.

2. A loss involving private property damage, or injury to a member of the public as a result of alleged acts or omissions of a state officer, employee, or other person insured pursuant to A.R.S. § 41-621, other than a loss arising out of use of a motor vehicle, on a "General Liability Report". Information including the agency and employees involved, facts of the incident, name of the claimant, and description of the claimant's injuries, witnesses to the incident, and the name of the police agency that investigated the incident.

3. A loss to state property, whether personal property (other than motor vehicles) or real property, on the "Property Loss Report". Information includes the agency and employees involved, facts of the incident, description of the damaged property, the party responsible for the loss, names of witnesses, and the police agency investigating the loss.

4. A loss to employee-owned property covered under A.R.S. § 41-621(A)(4) on the "Property Loss Report''. Information necessary to document the loss and calculate the actual dollar value of the claim is required. In addition, the employee shall submit a copy of any written agreement between the employee and the employing state agency authorizing the use of the employee-owned property on the job, and a copy of the Personal Property Inventory form (PROPINV) maintained by the employing state agency.

Ariz. Admin. Code § R2-10-102

Adopted effective July 27, 1983 (Supp. 83-4). Amended effective June 12, 1989 (Supp. 89-2). Amended effective December 18, 1992 (Supp. 92-4). Amended effective January 12, 1995 (Supp. 95-1). Amended by final rulemaking at 6 A.A.R. 1717, effective April 20, 2000 (Supp. 00-2). Amended by final rulemaking at 30 A.A.R. 1941, effective 7/6/2024.