Ariz. Admin. Code § 20-5-1220

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

Section R20-5-1220 - Small Employer Request for Exception to Recordkeeping Requirements

A. In this Section, unless context otherwise requires, "small employer" means a corporation, proprietorship, partnership, joint venture, limited liability company, trust, or association that has less than $500,000 in gross annual revenue.

B. A small employer, or any category of small employer that is unreasonably burdened by the recordkeeping requirements of the Act and this Article may file a written petition for exception with the Department requesting relief from certain recordkeeping requirements under this Article. The petition shall:

1. State the reasons for the request for relief;

2. State an alternate manner or method of making, keeping, and preserving records that will enable the Department to determine hours worked and wages paid; and

3. Include the signature of the employer or an authorized representative of the employer.

C. Subject to any conditions or limitations necessary to ensure fulfillment of the purpose and intent of Act, the Department may grant a petition for exception if it finds that:

1. The small employer, or category of small employer is unreasonably burdened by the recordkeeping requirements of the Act and this Article; and

2. The relief requested and alternative proposed will not hinder the Department's enforcement of the Act and this Article.

D. For good cause, the Department may rescind a prior order granting relief under this Section.

E. Relief under this Section is effective upon the Department's written authorization.

Ariz. Admin. Code § R20-5-1220

New Section made by emergency rulemaking at 13 A.A.R. 473, effective January 25, 2007 for 180 days (Supp. 07-1). Emergency renewed at 13 A.A.R. 2785, effective July 17, 2007 for 180 days (Supp. 07-3). New Section made by final rulemaking at 13 A.A.R. 4315, effective January 13, 2008 (Supp. 07-4).