Section R20-5-682. Procedure

A.      A complaint of A.R.S. § 23-425(A) discharge or discrimina- tion shall be filed with the Division of Occupational Safety and Health by the employee or by a representative authorized by A.R.S. § 23-408(F) to do so on the employee’s behalf. The complaint shall be written and shall be signed by the person filing the complaint.

B.       The date of filing a complaint under A.R.S. § 23-425(B) is the date of receipt of the complaint by the Division.

C.      The Division may accept or deny an employee’s withdrawal of a complaint. The Industrial Commission’s investigatory juris- diction shall not be foreclosed by unilateral action of the employee.

D.      The Industrial Commission may resolve an A.R.S. § 23-425 complaint with the employer without the consent of the employee.

E.       The Industrial Commission’s jurisdiction to investigate and determine A.R.S. § 23-425 complaints is independent of the jurisdiction of other agencies or bodies. The Industrial Com- mission may defer to the results of other such proceedings where:

1.        The rights asserted in those other proceedings are sub- stantially the same as the rights pursuant to A.R.S. § 23- 425;

2.        The factual issues in such proceedings are substantially the same as the factual issues before the Industrial Com- mission;

3.        The proceedings were fair and regular; and

4.        The outcome of the proceedings was not inconsistent with the purposes of this Chapter and the Act.

F.       A determination pursuant to A.R.S. § 23-425(C) includes:

1.        A decision to not proceed with the case;

2.        To defer the case to another forum; or

3.        To proceed to litigation in Superior Court.

Historical Note

Adopted effective May 3, 1989 (Supp. 89-2). R20-5-682 recodified from R4-13-682 (Supp. 95-1).