Section R2-20-206. Executive Director’s Recommendation on Com- plaint-generated Matters

A.      Following either the expiration of the 5 day period specified by A.A.C. R2-20-205 or the receipt of a response as specified by A.A.C. R2-20-205(A), whichever occurs first, the Execu- tive Director:

1.        May recommend to the Commission whether it should find reason to believe that a respondent has committed or is about to commit a violation of a statute or rule over which the Commission has jurisdiction;

2.        May recommend that the Commission find that there is no reason to believe that a violation of a statute or rule over which the Commission has jurisdiction has been committed or is about to be committed, or that the Com- mission otherwise dismiss a complaint without regard to the provisions of A.A.C. R2-20-205(A); or

3.        May close the complaint generated matter without a rea- son to believe recommendation from the Executive Director based upon Respondent complying with the stat- ute or rule on which the complaint is founded and in such case shall notify the Commission.

B.       Neither the complainant nor the respondent has the right to appeal the Executive Director’s recommendation made pursu- ant to subsection (A) because the recommendation is not an appealable agency action.

C.      If the complaint relates to a violation of A.R.S. § 16-941(B) by a non-participating candidate or that  candidate’s campaign committee, the Executive Director shall not proceed pursuant to R2-20-206(A) or R2-20-207(A), without first receiving Commission approval to initiate an inquiry.

D.      The respondent shall not have the right to appeal the Commis- sion’s decision to authorize an inquiry pursuant to subsection

(C) because the Commission’s  decision  whether  or not to authorize an inquiry is not an appealable agency action.

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 exempt rulemaking at 12 A.A.R. 758, effective February 15, 2006 (Supp. 06-1). Amended by exempt rulemaking

at 20 A.A.R. 1332, effective May 22, 2014 (Supp. 14-2). Amended by final exempt rulemaking at 21 A.A.R. 1638, effective July 23, 2015 (Supp. 15-3).