Ariz. Admin. Code § 2-16-404

Current through Register Vol. 30, No. 52, December 27, 2024

Section R2-16-404 - Findings

The Office shall make one of the following findings in an investigative report:

1. Substantiated. The investigation establishes that the administrative act did occur and the complainant's criticism of the administrative act is valid.

2. Partially substantiated.

a. In a complaint having multiple allegations, the investigation establishes that at least one allegation is substantiated and at least one allegation is not substantiated or indeterminate; or

b. The investigation establishes there is shared fault between the complainant and agency.

3. Not substantiated. The investigation establishes that:

a. The administrative act did not occur; or

b. The administrative act occurred, but the complainant's criticism of the administrative act is not valid.

4. Indeterminate. The investigation does not provide sufficient evidence for the Office to determine conclusively:

a. Whether the administrative act occurred; or

b. If the administrative act occurred, whether the complainant's criticism of the administrative act is valid.

Ariz. Admin. Code § R2-16-404

Adopted under an exemption from the Administrative Procedure Act pursuant to Laws 1995, Ch. 281, Section 5; effective October 30, 1996 (Supp. 96-4). Amended by final rulemaking at 12 A.A.R. 1372, effective June 4, 2006 (Supp. 06-2).