Section R9-2-109. Complaint; Observation; Notification; Inspection

A.      When a person makes a complaint to the Department or the Department’s designee under A.R.S. § 36-601.01, the com- plaint shall include:

1.        The name and address of the public place or place of employment that is the subject of the complaint;

2.        The date and approximate time of the occurrence that gave rise to the complaint;

3.        A description of the occurrence that gave rise to the com- plaint; and

4.        Any other information relevant to the occurrence that gave rise to the complaint.

B.       An individual shall make a complaint according to subsection

(A) if the individual:

1.        Conducted an inspection pursuant to:

a.        A.R.S. Title 36, Chapter 4 or Chapter 7.1; or b.           A.R.S. § 36-136(D) and 9 A.A.C. 8; and

2.        During the inspection, observed a possible violation of A.R.S. § 36-601.01.

C.      Within 15 days after receipt of a complaint made according to subsection (A), the Department or the Department’s designee shall:

1.        Notify the proprietor at the public place or place of employment about the complaint; or

2.        Conduct an inspection, for compliance with A.R.S. § 36- 601.01, of the public place or place of employment.

D.      If a complaint made according to subsection (A) is not resolved under subsection (C)(1), the Department or the Department’s designee shall conduct an inspection, for com- pliance with A.R.S. § 36-601.01, of the public place or place of employment that is the subject of the complaint.

Historical Note

Adopted effective January 6, 1989 (Supp. 89-1).

Repealed effective September 30, 1993, under an exemp- tion from the provisions of the Administrative Procedure Act pursuant to Laws 1992, Ch. 301, § 61; received in the Office of the Secretary of State October 1, 1993 (Supp. 93-4). New Section made by exempt rulemaking at 13

A.A.R. 1512, effective May 1, 2007 (Supp. 07-2).