Section R2-20-214. The Probable Cause to Believe Recommendation; Briefing Procedures

A.      Upon completion of the investigation conducted pursuant to R2-20-209, the Executive Director shall prepare a brief setting forth his or her position on the factual and legal issues of the case and containing a recommendation on whether the Com- mission should find probable cause to believe that a violation of a statute or rule over which the Commission has jurisdiction has occurred or is about to occur.

B.       The Executive Director shall notify each respondent of the rec- ommendation and enclose a copy of his or her brief.

C.      Within five days  from  receipt  of  the Executive Director’s brief, the respondent may file a brief with the Commission set- ting forth the respondent’s position on the factual and legal issues of the case.

D.      After reviewing the respondent’s brief, the Executive Director shall promptly advise the Commission in writing whether he or she intends to proceed with the recommendation or to with- draw the recommendation from Commission consideration.

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).