Ariz. Admin. Code § 2-20-812

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

Section R2-20-812 - Enforcement Hearing Procedures

A. Within 30 days after the issuance of the Executive Director's report and recommendations, a respondent may request a hearing before the Commission. The Commission shall be represented by counsel who have had no role in the investigation or enforcement.

B. No later than 14 days after the request, the Executive Director, other Commission staff or attorneys for the Executive Director shall meet with the respondent or their attorneys to develop a proposed hearing plan. At the conference the following matters shall be considered:

1. The possibility of a consent agreement, and possible terms;

2. Select at least three mutually-agreeable dates for the hearing to present to the Commission;

3. Discuss whether any additional written material shall be provided to the Commission. If additional written material is necessary, discuss deadlines for the parties to exchange those materials prior to the hearing;

4. Decide whether either side shall call live witnesses, disclosure of the witness' proposed testimony, and agree whether alternative procedures for providing the evidence are available and appropriate;

5. Determine how much time each side shall need at the hearing;

6. Any pre-hearing matters that must be decided by the Commission and a schedule for presenting such matters;

7. A schedule for any pre-hearing briefing; and

8. Each side may prepare a draft final order to be submitted to the Commission with other materials.

C. Following the Conference, the Executive Director and respondent shall provide a report to the Commission's Chair or other Commission member designated by the Chair. The Chair may consult with an independent legal advisor. The Chair or the independent legal advisor shall issue a scheduling order.

D. The complaint, the response, the report, and any additional documents shall be provided to the Commission no later than 14 days before the hearing.

E. At the conclusion of hearing of the Commission may:

1. Vote to issue a final order and assessment of penalties;

2. Vote to dismiss the matter; or

3. Vote to continue the matter to another meeting.

F. The Commission shall schedule the next hearing as soon as practicable, considering the schedules of respondent, respondent's counsel, the Executive Director, and any counsel for the Executive Director.

G. Following a vote in favor of a final order and assessment of penalties a respondent may seek timely judicial review.

H. At the expiration of the time for judicial review, the Executive Director or their representatives must seek compliance with the Commission's final order. This may include the Executive Director, Commission staff, or their attorneys seeking judicial enforcement of the order if necessary.

Ariz. Admin. Code § R2-20-812

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