Ariz. Admin. Code § 4-46-301

Current through Register Vol. 30, No. 50, December 13, 2024

Section R4-46-301 - Complaints and Investigations; Complaint Resolution

A. Complaints and Investigations

1. The Department shall investigate a complaint, if the complaint meets the minimum jurisdictional criteria.

2. The Department may notify the respondent of a complaint.

3. The Department may require that the respondent file a written response to the complaint and provide any one or more of the following:

a. Appraisal report,

b. Appraisal review,

c. Consulting assignment,

d. Property tax appeal at issue,

e. Work file, and

f. Any other relevant records.

4. The Department may assign or contract with an investigator.

5. Under A.R.S. §§ 6-123(3), 6-124, 12-2212, and 32-3631(C), the Director may compel testimony or document production, regardless of whether an investigation is in process.

B. Complaint Resolution

1. Without limiting any other remedy allowed by statute, if the Director finds a violation of A.R.S. Title 32, Chapter 36, or this Chapter, the Director may:

a. Dismiss the matter based upon mitigating factors;

b. Issue a letter of concern;

c. Issue an order, which may include disciplinary action and/or remedial action; or

d. Resolve the matter by settlement.

2. Any time after a complaint has been filed against a respondent, the matter may be resolved by a settlement in which the respondent agrees to accept disciplinary action and/or remedial action by consent. If the Director determines that the proposed settlement will adequately protect the public, the Director may issue a letter of remedial action, or enter into another form of stipulation, agreed settlement, or consent with the respondent. The Director may also allow for a conditional dismissal.

Ariz. Admin. Code § R4-46-301

Adopted effective December 29, 1995 (Supp. 95-4). Amended effective October 1, 1998; filed in the Office of the Secretary of State September 10, 1998 (Supp. 98-3). Amended by final rulemaking at 11 A.A.R. 2018, effective July 2, 2005 (Supp. 05-2). Amended by final rulemaking at 13 A.A.R. 1388, effective June 2, 2007 (Supp. 07-2). Amended by final rulemaking at 25 A.A.R. 1139, effective 6/10/2019. Amended by final rulemaking at 28 A.A.R. 893, effective 6/11/2022.