Section R2-20-205. Opportunity for No Action on Complaint-gener- ated Matters

A.      A respondent shall be afforded an opportunity to demonstrate that no action should be taken on the basis of a complaint by submitting, within 5 days from receipt of a written copy of the complaint, a letter or memorandum setting forth reasons why the Commission should take no action.

B.       The Commission shall not take any action, or make any find- ing, against a respondent other than action dismissing the com- plaint, unless it has considered such response or unless no such response has been served upon the Commission within the 5 day period specified in subsection A.

C.      The respondent’s response shall be sworn to and signed in the presence of a notary public and shall be notarized. The respon- dent’s failure to respond in accordance with subsection A within 5 days of receiving the written copy of the complaint may be viewed as an admission to the allegations made in the complaint for purposes of the reason to believe finding pursu- ant to A.A.C. R2-20-206.

Historical Note

New Section made by exempt rulemaking at 8 A.A.R.

588, effective November 27, 2001 (Supp. 02-1). Amended by exempt rulemaking at 11 A.A.R. 4518, effective May 28, 2005 (Supp. 05-4). Amended by final

exempt rulemaking at 21 A.A.R. 1636, effective July 23,

2015 (Supp. 15-3).