Section R2-20-208. Complaint Processing; Notification

A.      If the Commission, either after reviewing a complaint-gener- ated recommendation as described in R2-20-206 and any response of a respondent submitted pursuant to R2-20-205, or after reviewing an internally-generated recommendation as described in R2-20-207, determines by an affirmative vote of at least three of its members that it has reason to believe that a respondent has violated a statute or rule over which the Com- mission has jurisdiction, the Commission shall notify such respondent of the Commission’s finding, setting forth the sec- tions of the statute or rule alleged to have been violated and the alleged factual basis supporting the finding. In accordance with A.R.S. § 16-957(A), the Commission shall serve on the respondent an order requiring compliance within 14 days. During that period, the respondent may provide any explana- tion to the Commission, comply with the order, or enter into a public administrative settlement with the Commission.

B.       If the Commission finds no reason to believe that a violation of a statute or rule over which the Commission has jurisdiction has  occurred,  or  otherwise   terminates  its  proceedings,   the

Executive Director shall so notify both the complainant and respondent.

C.      The complainant may bring an action in Superior Court in accordance with A.R.S. § 16-957(C) if the Commission finds there is no reason to believe a violation of a statute or rule over which the Commission has jurisdiction has occurred or other- wise terminates its proceedings.

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).