Ariz. Admin. Code § 2-20-809

Current through Register Vol. 30, No. 45, November 8, 2024

Section R2-20-809 - Complaint Procedures

A. Any qualified voter in this state may submit a complaint to the Executive Director if the person believes a violation of Arizona Revised Statutes Title 16, Chapter 6.1 or these rules has occurred. The complaint must be made in writing. Email submissions are acceptable.

B. Regardless of whether a complainant is represented by counsel, a complaint must contain the full name, email address, and mailing address of the complainant.

C. A complaint must:

1. Clearly recite the facts that describe a violation of Arizona Revised Statutes Title 16, Chapter 6.1 or these rules as specifically as possible. Citations to law are not required.

2. Clearly identify any person, including any individual, entity, committee, organization or group, that is alleged to have committed a violation.

3. Include any supporting documentation which the Complainant believes establishes the alleged violation, if available.

4. Differentiate between statements based on a complainant's personal knowledge and those based on information and belief. Statements not based on personal knowledge should identify the source of the information, and include supporting documentation if available. Contents of the complaint shall be sworn to and signed in the presence of a notary public and shall be notarized.

D. The Executive Director shall review the complaint within 5 days to determine if the Commission has jurisdiction to hear and rule on the complaint, and to ensure the complaint meets the criteria identified in subsection (C).

E. If the complaint does not meet the criteria, Commission staff shall notify the complainant of the deficiencies in the complaint and that no action shall be taken on the complaint unless those deficiencies are remedied.

F. If the complaint is deemed sufficient, Commission staff shall:

1. Assign the complaint a complaint number.

2. Confirm in a writing to the complainant and respondent that the complaint has been received.

3. Inform the complainant that the respondent shall be provided an opportunity to submit a response.

G. A complainant may withdraw the complaint by writing to the Executive Director no later than 14 days after filing the complaint or before the response, whichever is sooner.

H. The Executive Director may file a complaint if a person believes a violation of Arizona Revised Statutes Title 16, Chapter 6.1 or these rules has occurred. The complaint shall:

1. Clearly recite the facts that describe a violation of Arizona Revised Statutes Title 16, Chapter 6.1 or these rules as specifically as possible. Citations to law are not required;

2. Clearly identify any person, including any individual, entity, committee, organization or group, that is alleged to have committed a violation; and

3. Include any supporting documentation which the Complainant believes establishes the alleged violation, if available.

I. Any employee, agent or representative of another government agency or subdivision of Arizona, including the state, any Arizona county, or any Arizona city or town, may make a referral to the Executive Director under this subsection.

Ariz. Admin. Code § R2-20-809

New Section made by final exempt rulemaking at 29 A.A.R. 3687, effective 10/26/2023.