Section R4-39-501. Investigations

A.      The Board shall investigate any sworn complaint against a per- son or entity alleging violation of A.R.S. § 32-3001 et seq. or this Chapter. For purposes of this Section, “investigated party” means an entity or person who is the subject of a Board inves- tigation.

B.       Board staff may request production of records or information from an investigated party or complainant, or request an inter- view with an employee or agent of the investigated party. The investigated party may file written objections with the Board to the Board’s request within 15 days of receipt of the request. Unless the investigated party timely files an objection to the Board’s request, the investigated party shall not fail to produce documents or information or attempt to make available for an interview an employee or agent of the investigated party. Board staff shall attempt to informally resolve objections to requests for documents, information, or an interview. If no res- olution is reached, the matter shall be heard and decided by the Board.

C.      The Board shall not disclose documents and materials relating to an investigated matter except to the investigated party, until the matter is closed, settled by stipulation, or set for hearing under Title 41, Chapter 6, Article 10.

D.      Upon completion of the investigation, the matter shall be referred to the Board’s Complaint Committee for consider- ation.

E.       After consideration of the matter investigated, the Complaint Committee may take the following actions:

1.        Instruct Board staff to conduct further investigation. After further investigation, the matter may be re-heard by the Complaint Committee or referred to the Board;

2.        Determine that the investigation does not demonstrate a violation of A.R.S. § 32-3001 et seq. or this Chapter and recommend to the Board that the investigation be closed; or

3.        Determine that the investigation demonstrates there are reasonable grounds to indicate a violation of A.R.S. § 32-

3001 et seq. or this Chapter and send a report of its find- ings and recommendation to the Board.

F.       If the Board determines that the investigation demonstrates that there are reasonable grounds to indicate a violation of

A.R.S. § 32-3001 et seq. or this Chapter, the Board shall serve notice of the Board’s determination and set the matter for hear- ing.

Historical Note

Adopted effective May 21, 1985 (Supp. 85-3). Amended

effective February 23, 1993 (Supp. 93-1). Section repealed; new Section made by final rulemaking at 8

A.A.R. 1947, effective April 2, 2002 (Supp. 02-2).