Ariz. Admin. Code § 4-8-602

Current through Register Vol. 31, No. 2, January 10, 2025

Section R4-8-602 - Complaint Procedures

A. The Board shall review a complaint to determine whether it meets the requirements under R4-8-601. If a complaint does not meet the requirements under R4-8-601, the Board shall provide written notice to the complainant that the complaint is dismissed without further action.

B. If the Board determines that a complaint meets the requirements under R4-8-601, the Board shall assess whether the complaint alleges a violation of A.R.S. Title 32, Chapter 39 or this Chapter and:

1. Dismiss the complaint if the Board determines that the allegation, if true, does not amount to a violation of A.R.S. Title 32, Chapter 39 or this Chapter and provide written notice of the dismissal to the complainant; or

2. Serve a copy of the complaint on the respondent if the Board determines that the allegation, if true, amounts to a violation of A.R.S. Title 32, Chapter 39 or this Chapter and provide the respondent with 20 days to submit:

a. A response in which the individual admits, denies, or further explains each allegation in the complaint; and

b. Records relevant to the complaint.

C. If a respondent responds to a complaint, the Board shall send a copy of the response to the complainant and provide five days for the complainant to submit a rebuttal.

D. When the times provided under subsections (B)(2) and (C) expire, the Board shall conduct an investigation and prepare a report that summarizes the complaint and results of the investigation. The Board shall:

1. Provide a copy of the investigative report to the complainant and respondent; and

2. Provide written notice to the complainant and respondent of the date, time, and location of the Board meeting at which the complaint will be considered.

E. Both the complainant and respondent may be represented by an attorney at the Board meeting at which the complaint is considered.

F. At the Board meeting at which a complaint is considered, the Board shall:

1. Provide the complainant and respondent with an opportunity to address the Board, present evidence, and cross-examine witnesses; and

2. Negotiate an equitable and just resolution of the matters asserted in the complaint; or

3. Forward the complaint to a formal hearing.

Ariz. Admin. Code § R4-8-602

New Section made by final rulemaking at 14 A.A.R. 690, effective April 5, 2008 (Supp. 08-1).