A.R.S. § 23-212 — Arizona Code / Title 23 / Chapter 2 / Article 2 / Section 212
23-212 Knowingly employing unauthorized aliens; prohibition; false and frivolous complaints; violation; classification; license suspension and revocation; affirmative defense
Status: in_force

23-212. Knowingly employing unauthorized aliens; prohibition; false and frivolous complaints; violation; classification; license suspension and revocation; affirmative defense

A. An employer shall not knowingly employ an unauthorized alien.  If, in the case when an employer uses a contract, subcontract or other independent contractor agreement to obtain the labor of an alien in this state, the employer knowingly contracts with an unauthorized alien or with a person who employs or contracts with an unauthorized alien to perform the labor, the employer violates this subsection.

B. The attorney general shall prescribe a complaint form for a person to allege a violation of subsection A of this section. The complainant shall not be required to list the complainant's social security number on the complaint form or to have the complaint form notarized.  On receipt of a complaint on a prescribed complaint form that an employer allegedly knowingly employs an unauthorized alien, the attorney general or county attorney shall investigate whether the employer has violated subsection A of this section.  If a complaint is received but is not submitted on a prescribed complaint form, the attorney general or county attorney may investigate whether the employer has violated subsection A of this section.  This subsection shall not be construed to prohibit the filing of anonymous complaints that are not submitted on a prescribed complaint form. The attorney general or county attorney shall not investigate complaints that are based solely on race, color or national origin.  A complaint that is submitted to a county attorney shall be submitted to the county attorney in the county in which the alleged unauthorized alien is or was employed by the employer.  The county sheriff or any other local law enforcement agency may assist in investigating a complaint.  When investigating a complaint, the attorney general or county attorney shall verify the work authorization of the alleged unauthorized alien with the federal government pursuant to 8 United States Code section 1373(c). A state, county or local official shall not attempt to independently make a final determination on whether an alien is authorized to work in the United States. An alien's immigration status or work authorization status shall be verified with the federal government pursuant to 8 United States Code section 1373(c).  A person who knowingly files a false and frivolous complaint under this subsection is guilty of a class 3 misdemeanor.

C. If, after an investigation, the attorney general or county attorney determines that the complaint is not false and frivolous:

1. The attorney general or county attorney shall notify the United States immigration and customs enforcement of the unauthorized alien.

2. The attorney general or county attorney shall notify the local law enforcement agency of the unauthorized alien.

3. The attorney general shall notify the appropriate county attorney to bring an action pursuant to subsection D of this section if the complaint was originally filed with the attorney general.

D. An action for a violation of subsection A of this section shall be brought against the employer by the county attorney in the county where the unauthorized alien employee is or was employed by the employer.  The county attorney shall not bring an action against any employer for any violation of subsection A of this section that occurs before January 1, 2008.  A second violation of this section shall be based only on an unauthorized alien who is or was employed by the employer after an action has been brought for a violation of subsection A of this section or section 23-212.01, subsection A.

E. For any action in superior court under this section, the court shall expedite the action, including assigning the hearing at the earliest practicable date.

F. On a finding of a violation of subsection A of this section:

1. For a first violation, as described in paragraph 3 of this subsection, the court:

(a) Shall order the employer to terminate the employment of all unauthorized aliens.

(b) Shall order the employer to be subject to a three year probationary period for the business location where the unauthorized alien performed work.  During the probationary period the employer shall file quarterly reports in the form provided in section 23-722.01 with the county attorney of each new employee who is hired by the employer at the business location where the unauthorized alien performed work.

(c) Shall order the employer to file a signed sworn affidavit with the county attorney within three business days after the order is issued. The affidavit shall state that the employer has terminated the employment of all unauthorized aliens in this state and that the employer will not intentionally or knowingly employ an unauthorized alien in this state.  The court shall order the appropriate agencies to suspend all licenses subject to this subdivision that are held by the employer if the employer fails to file a signed sworn affidavit with the county attorney within three business days after the order is issued. All licenses that are suspended under this subdivision shall remain suspended until the employer files a signed sworn affidavit with the county attorney.  Notwithstanding any other law, on filing of the affidavit the suspended licenses shall be reinstated immediately by the appropriate agencies.  For the purposes of this subdivision, the licenses that are subject to suspension under this subdivision are all licenses that are held by the employer specific to the business location where the unauthorized alien performed work.  If the employer does not hold a license specific to the business location where the unauthorized alien performed work, but a license is necessary to operate the employer's business in general, the licenses that are subject to suspension under this subdivision are all licenses that are held by the employer at the employer's primary place of business.  On receipt of the court's order and notwithstanding any other law, the appropriate agencies shall suspend the licenses according to the court's order.  The court shall send a copy of the court's order to the attorney general and the attorney general shall maintain the copy pursuant to subsection G of this section.

(d) May order the appropriate agencies to suspend all licenses described in subdivision (c) of this paragraph that are held by the employer for not to exceed ten business days.  The court shall base its decision to suspend under this subdivision on any evidence or information submitted to it during the action for a violation of this subsection and shall consider the following factors, if relevant:

(i) The number of unauthorized aliens employed by the employer.

(ii) Any prior misconduct by the employer.

(iii) The degree of harm resulting from the violation.

(iv) Whether the employer made good faith efforts to comply with any applicable requirements.

(v) The duration of the violation.

(vi) The role of the directors, officers or principals of the employer in the violation.

(vii) Any other factors the court deems appropriate.

2. For a second violation, as described in paragraph 3 of this subsection, the court shall order the appropriate agencies to permanently revoke all licenses that are held by the employer specific to the business location where the unauthorized alien performed work.  If the employer does not hold a license specific to the business location where the unauthorized alien performed work, but a license is necessary to operate the employer's business in general, the court shall order the appropriate agencies to permanently revoke all licenses that are held by the employer at the employer's primary place of business. On receipt of the order and notwithstanding any other law, the appropriate agencies shall immediately revoke the licenses.

3. The violation shall be considered:

(a) A first violation by an employer at a business location if the violation did not occur during a probationary period ordered by the court under this subsection or section 23-212.01, subsection F for that employer's business location.

(b) A second violation by an employer at a business location if the violation occurred during a probationary period ordered by the court under this subsection or section 23-212.01, subsection F for that employer's business location.

G. The attorney general shall maintain copies of court orders that are received pursuant to subsection F of this section and shall maintain a database of the employers and business locations that have a first violation of subsection A of this section and make the court orders available on the attorney general's website.

H. On determining whether an employee is an unauthorized alien, the court shall consider only the federal government's determination pursuant to 8 United States Code section 1373(c). The federal government's determination creates a rebuttable presumption of the employee's lawful status.  The court may take judicial notice of the federal government's determination and may request the federal government to provide automated or testimonial verification pursuant to 8 United States Code section 1373(c).

I. For the purposes of this section, proof of verifying the employment authorization of an employee through the e-verify program creates a rebuttable presumption that an employer did not knowingly employ an unauthorized alien.

J. For the purposes of this section, an employer that establishes that it has complied in good faith with the requirements of 8 United States Code section 1324a(b) establishes an affirmative defense that the employer did not knowingly employ an unauthorized alien.  An employer is considered to have complied with the requirements of 8 United States Code section 1324a(b), notwithstanding an isolated, sporadic or accidental technical or procedural failure to meet the requirements, if there is a good faith attempt to comply with the requirements.

K. It is an affirmative defense to a violation of subsection A of this section that the employer was entrapped. To claim entrapment, the employer must admit by the employer's testimony or other evidence the substantial elements of the violation.  An employer who asserts an entrapment defense has the burden of proving the following by a preponderance of the evidence:

1. The idea of committing the violation started with law enforcement officers or their agents rather than with the employer.

2. The law enforcement officers or their agents urged and induced the employer to commit the violation.

3. The employer was not predisposed to commit the violation before the law enforcement officers or their agents urged and induced the employer to commit the violation.

L. An employer does not establish entrapment if the employer was predisposed to violate subsection A of this section and the law enforcement officers or their agents merely provided the employer with an opportunity to commit the violation.  It is not entrapment for law enforcement officers or their agents merely to use a ruse or to conceal their identity. The conduct of law enforcement officers and their agents may be considered in determining if an employer has proven entrapment.
A.R.S. § 23-951 — Arizona Code / Title 23 / Chapter 6 / Article 3 / Section 951
23-951 Writ of certiorari to review lawfulness of award, order or decision upon review; procedure
Status: in_force

23-951. Writ of certiorari to review lawfulness of award, order or decision upon review; procedure

A. Any party affected by an award by the commission or by a decision upon review under the provisions of section 23-943 or by an order under the provisions of section 23-237 may apply to the court of appeals for a writ of certiorari to review the lawfulness of the award, order or decision upon review.

B. The writ of certiorari provided by subsection A of this section and by section 23-943 shall be made returnable within ten days and shall direct the commission to certify its record, proceedings and evidence to the court of appeals. The court of appeals may quash or dismiss the writ of certiorari upon the grounds of dismissal applicable to civil appeals.  The review shall be limited to determining whether or not the commission acted without or in excess of its power and, if findings of fact were made, whether or not such findings of fact support the award, order or decision.  If necessary, the court may review the evidence.

C. Each party to the proceedings before the commission may appear in the court of appeals.

D. The court of appeals shall enter judgment either affirming or setting aside the award, order or decision.

E. The rules of civil procedure relating to certiorari shall apply so far as applicable and not in conflict with this chapter.
A.R.S. § 23-480 — Arizona Code / Title 23 / Chapter 2 / Article 11 / Section 480
23-480 Decisions of administrative law judge; contents; disposition and effect
Status: in_force

23-480. Decisions of administrative law judge; contents; disposition and effect

A. Upon the conclusion of any hearing, or prior to the conclusion with concurrence of the parties, the administrative law judge shall, not later than thirty days after the matter is submitted for decision, determine the matter and make a decision in accordance with his determination.

B. In the event of the demise, resignation, retirement, termination of employment or other incapacitation of the presiding administrative law judge, the decision shall be determined by the chief administrative law judge or an appointee.

C. The decision shall become a part of the commission file. A copy of the decision shall be sent immediately by mail to all parties in interest.

D. The decision is final when entered unless within fifteen days after the date on which a copy of the decision is mailed to the parties, one of the parties files a request for review pursuant to section 23-481. The decision shall contain a statement explaining the rights of the parties pursuant to section 23-481.
A.R.S. § 23-423 — Arizona Code / Title 23 / Chapter 2 / Article 10 / Section 423
23-423 Review board rights and procedures; definition
Status: in_force

23-423. Review board rights and procedures; definition

A. A request for review to the review board shall be filed with the commission within fifteen days after the date the decision was mailed or e-mailed to the parties and copies of the request shall be mailed to all other parties to the proceeding before the administrative law judge. For the purposes of this section, "filed" means deposited in the United States mail, postage prepaid or actually received by the commission.

B. The request for review shall state the grounds for review and whether oral argument is requested.

C. When review has been requested, the record of such oral proceedings at the hearing before the administrative law judge for purposes of the review shall be transcribed at the expense of the party requesting review. The record shall be certified to be true and correct by the office of administrative hearings.

D. The board shall give the parties notice of review by mail or e-mail.

E. If oral argument is requested, a hearing date shall be established and notice of the hearing date will be sent with the notice of review to the parties.

F. The review of the board shall be based on the record submitted to it under subsection C of this section and such oral argument as may be requested and received. If the board determines that a case has been improperly, incompletely or otherwise insufficiently developed or heard by the administrative law judge, it may remand the case to the administrative law judge for further evidence taking, correction or other necessary action.

G. The board may affirm, reverse, modify or supplement the decision of the administrative law judge and make such disposition of the case as it determines to be appropriate. The board shall make a decision within thirty days after review has been submitted.

H. The decision of the board shall be filed with the commission and a copy of the decision sent by mail or e-mail to the parties.  All decisions of the review board shall be in writing.  Decisions of the review board shall be made by a majority vote of the review board.  A decision of the review board is binding on the director and the division with respect to the parties involved in the particular appeal.  The director shall have the right to seek judicial review of a review board decision irrespective of whether or not the director appeared or participated in the appeal to the review board.

I. The decision of the board is final unless within ten days after the date of service of copies of such decision on the parties, one of the parties applies to the court of appeals for a writ of certiorari to review the lawfulness of the decision. A copy of such application shall be forthwith transmitted to the clerk of the court, to the review board, to the commission and to the other parties and within ten days therefrom, the commission shall certify the record, proceedings and evidence before the administrative law judge and the review board to the court of appeals.  On such filing, the court shall have jurisdiction of the proceedings and of the question determined therein, and shall have power to make and enter on the pleadings, testimony and proceedings set forth in such record a decree affirming, modifying or setting aside in whole or in part, the order of the review board and enforcing the same to the extent that such order is affirmed or modified. The commencement of proceedings under this subsection does not, unless ordered by the court, operate as a stay of the order of the review board. No objection that has not been urged before the review board shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. The findings of the review board with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive. If any party applies to the court for leave to adduce additional evidence and shows to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the hearing before the administrative law judge, the court may order such additional evidence to be taken before the administrative law judge and to be made a part of the record. Petitions filed under this subsection shall be heard expeditiously and the decision of the review board shall contain a statement of this right of appeal.
A.R.S. § 23-1069 — Arizona Code / Title 23 / Chapter 6 / Article 9 / Section 1069
23-1069 Attorney's fees; payment; time limitation
Status: in_force

23-1069. Attorney's fees; payment; time limitation

A. In proceedings before the commission in which an attorney employed by the claimant has rendered services reasonably necessary in processing the claim, the commission shall, upon application filed by the attorney or the claimant prior to a final disposition of the case, set a reasonable attorney's fee and shall provide for the payment thereof from the award, in installments or otherwise, as the commission determines proper in view of the award made, and shall further provide for the payment of the attorney's fee direct to the attorney. The commission shall charge the amount of the payment against the award to the claimant.

B. The attorney's fee provided for in subsection A shall be not more than twenty-five per cent up to ten years from the date of the award. In cases involving solely loss of earning capacity, the maximum shall be twenty-five per cent up to five years from the date of the final award. When the payment of the award to the claimant is made in installments, or in other than a lump sum manner, in no event may an amount in excess of twenty-five per cent of any one such installment payment be withheld for the attorney's fee.

C. The reasonableness of the attorney's fee set pursuant to subsection A shall be reviewable upon the application of the claimant or the attorney in the same manner as other awards of the commission.
A.R.S. § 23-418 — Arizona Code / Title 23 / Chapter 2 / Article 10 / Section 418
23-418 Penalties; violation; classification
Status: in_force

23-418. Penalties; violation; classification

A. Any employer who wilfully or repeatedly violates the requirements of section 23-403 or any standard or regulation adopted pursuant to section 23-410 or 23-414 or this article may be assessed a civil penalty for each wilful violation of not more than the maximum civil penalty, but not less than the minimum civil penalty, for wilful or repeated violations adopted by the United States occupational safety and health administration pursuant to the federal civil penalties inflation adjustment act improvements act of 2015 (P.L. 114-74; 129 Stat. 599).

B. Any employer who has received a citation for a serious violation of this article shall be assessed a civil penalty for each such violation of not more than the maximum civil penalty for serious violations adopted by the United States occupational safety and health administration pursuant to the federal civil penalties inflation adjustment act improvements act of 2015 (P.L. 114-74; 129 Stat. 599).

C. Any employer that has received a citation for a nonserious violation of this article may be assessed a civil penalty for each such violation of not more than the maximum civil penalty for nonserious violations adopted by the United States occupational safety and health administration pursuant to the federal civil penalties inflation adjustment act improvements act of 2015 (P.L. 114-74; 129 Stat. 599).

D. Any employer that fails to correct a violation for which a citation has been issued within the abatement period allowed for its correction, which shall be suspended in case of a review proceeding before an administrative law judge or the review board initiated by the employer in good faith and not solely for delay or avoidance of penalties, may be assessed a civil penalty of not more than the maximum civil penalty for abatement violations adopted by the United States occupational safety and health administration pursuant to the federal civil penalties inflation adjustment act improvements act of 2015 (P.L. 114-74; 129 Stat. 599) for each day during which such failure or violation continues after the abatement date.

E. Any employer that knowingly violates the requirements of section 23-403 or any standard or regulation adopted pursuant to section 23-410 or 23-414 or this article and that violation causes death to an employee is guilty of a class 6 felony, except that if the conviction is for a second or subsequent violation the employer is guilty of a class 5 felony.

F. Any person who knowingly gives advance notice of any inspection to be conducted under this article without authority from the director is guilty of a class 2 misdemeanor.

G. A person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article is guilty of a class 2 misdemeanor.

H. Any employer that violates any of the posting requirements of this article shall be assessed a civil penalty for each violation of not more than the maximum civil penalty for posting violations adopted by the United States occupational safety and health administration pursuant to the federal civil penalties inflation adjustment act improvements act of 2015 (P.L. 114-74; 129 Stat. 599).

I. The commission shall have authority to assess all civil penalties provided in this section, giving due consideration to the appropriateness of the penalty with respect to the gravity of the violation, the number of employees employed by the employer, the good faith of the employer and the history of previous violations under this article.

J. Civil penalties owed under this article shall be paid to the commission for deposit in the state general fund. After an order or decision on a civil penalty becomes final pursuant to section 23-417, 23-421 or 23-423, the civil penalty shall act as a judgment against the employer. The commission shall file the civil penalty in the office of the clerk of the superior court in any county in this state and the clerk shall enter the civil penalty in the civil order book and judgment docket. When the civil penalty is filed and entered it is a lien for eight years after the date of the final order or decision on the property of the employer located in the county. Execution may issue on the civil penalty within eight years in the same manner and with like effect as a judgment of the superior court. The civil penalty judgment shall accrue interest pursuant to section 44-1201. The commission may recover reasonable attorney fees incurred pursuant to this section.
A.R.S. § 23-410 — Arizona Code / Title 23 / Chapter 2 / Article 10 / Section 410
23-410 Development of standards and rules
Status: in_force

23-410. Development of standards and rules

A. Safety and health standards and rules shall be formulated in the following manner:

1. The division shall either propose adoption of national consensus standards or federal standards or draft such rules as it considers necessary after conducting sufficient investigations through the division's employees and through consultation with the occupational safety and health advisory committee and other persons knowledgeable in the business for which the standards or rules are being formulated.

2. Proposed standards or rules, or both, shall be submitted to the commission for its approval. If the commission approves the proposed standards or rules, or both, it shall promulgate them in accordance with the procedures established in title 41, chapter 6.

B. The division shall not propose standards or rules for products distributed or used in interstate commerce which are different from federal standards for such products unless such standards are required by compelling local conditions and do not unduly burden interstate commerce.

C. Any standards or rules promulgated under this section shall prescribe the use of labels or other appropriate forms of warning as are necessary to insure that employees are apprised of all recognized hazards to which they are exposed, relevant symptoms and appropriate emergency treatment and proper conditions and precautions of safe use or exposure. Where appropriate such standards or rules shall also prescribe suitable protective equipment and control or technological procedures to be used in connection with such hazards and shall provide for monitoring or measuring employee exposure at such locations and intervals and in such manner as may be necessary for the protection of employees. In addition, where appropriate, any such standards or rules shall prescribe the type and frequency of medical examinations or other tests which shall be made available, by the employer or at his cost, to employees exposed to such hazards in order to most effectively determine whether the health of such employees is adversely affected by such exposure. Any standards or rules promulgated pursuant to this section shall assure, as far as possible, that no employee will suffer material impairment of health or functional capacity even if such employee has regular exposure to the hazard dealt with by such standard for the period of his working life.

D. In case of conflict between standards and rules, the rules shall take precedence.

E. Any person who may be adversely affected by a standard or rule issued under this article may at any time prior to the sixtieth day after such standard or rule is promulgated file a complaint challenging the validity of such standard or rule with the superior court in the county in which the person resides or has his principal place of business, for a judicial review of such standard or rule. The filing of such a complaint shall not, unless otherwise ordered by the court, operate as a stay of the standard or rule. The determinations of the commission shall be conclusive if supported by substantial evidence in the record considered as a whole.
A.R.S. § 23-750 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 750
23-750 Special provisions for nonprofit organizations and state and local governments
Status: in_force

23-750. Special provisions for nonprofit organizations and state and local governments

A. This section applies to:

1. Any nonprofit organization described in section 23-617, paragraph 10 that but for section 23-613, subsection A, paragraph 2, subdivision (c) would not be subject to this chapter, or that is not mandatorily subject to this chapter because of insufficient employees but that has voluntarily elected to become subject to this chapter.

2. This state, or a political subdivision of this state, or any instrumentality, agency or board of any one or more of the foregoing or any instrumentality of any of the foregoing and one or more other states or political subdivisions.

B. Benefits paid to employees of employing units to which this section applies shall be financed pursuant to this subsection as follows:

1. Any employing unit to which this section applies:

(a) That is or becomes subject to this chapter on January 1, 1972, may elect to become liable for payments in lieu of contributions for a period of at least three consecutive taxable years beginning with January 1, 1972, provided it files with the department a written notice of its election not later than sixty days after written notice that the election may be made is first given to the employing unit by the department.

(b) That becomes subject to this chapter after January 1, 1972, may elect to become liable for payments in lieu of contributions for a period of at least three consecutive taxable years by filing a written notice of its election with the department not later than thirty days immediately following the date of the determination that the employing unit is subject to this chapter.

(c) That makes an election in accordance with subdivision (a) or (b) of this paragraph shall continue to be liable for payments in lieu of contributions until it files with the department a written notice terminating its election not later than thirty days before the beginning of the taxable year for which such termination shall first be effective.

(d) That has been paying contributions under this chapter after January 1, 1972, for a period of at least three consecutive taxable years may elect to become liable for payments in lieu of contributions for a period of at least three consecutive taxable years by filing a written notice of its election with the department not later than thirty days before the beginning of the taxable year for which the election shall first be effective.

2. The department may for good cause extend the period within which a notice of election or a notice of termination must be filed.

3. The department shall notify the employing unit of any determination made of its status as an employer and of the effective date of any election or termination of an election made in accordance with this subsection. The determination shall be subject to reconsideration, petition for hearing and judicial review in accordance with section 23-724.

4. An employing unit shall pay to the department for the fund an amount equal to the amount of regular benefits and of one-half of the extended benefits paid that were based on wages paid during the employing unit's period of election to make payments in lieu of contributions, except that a governmental entity shall pay to the department for the fund an amount equal to the total amount of extended benefits paid for weeks of unemployment that are based on wages paid by the governmental entity during its election to make payments in lieu of contributions.  Sections 23-727, 23-773 and 23-777, insofar as they apply to noncharging an employer's account for benefit payments, do not apply to benefits paid that were based on wages paid during the employing unit's period of election to make payments in lieu of contributions.

C. As soon as practicable after the end of each calendar quarter the department shall determine the amount of payments in lieu of contributions due from each employing unit and shall bill each employing unit for the amount due. If payment is not made on or before the date due and payable as prescribed by the department, the whole or part thereafter remaining unpaid shall bear interest at the rate of one percent per month or fraction thereof, from and after the due date until payment is received by the department. The amount of payments due hereunder but not paid may be collected by the department, together with interest and penalties, if any, in the same manner and subject to the same conditions as contributions due from other employers. The amount due specified in any bill from the department shall be conclusive and binding on the employing unit unless not later than fifteen days after the bill was mailed to its last known address, the employing unit files an application for redetermination. A redetermination made under this subsection shall be subject to petition for hearing and judicial review in accordance with section 23-724.

D. Two or more employing units that have become liable for payments in lieu of contributions may file a joint application to the department for the establishment of a group account for the purpose of sharing the cost of benefits paid that are attributable to service in the employ of the employing units. Each application shall identify and authorize a group representative to act as the group's agent for the purposes of this subsection. On approval of the application, the department shall establish a group account for the employing units effective as of the beginning of the calendar quarter in which the application is received and shall notify the group's representative of the effective date of the account. The account shall remain in effect for at least three years and thereafter until terminated at the discretion of the department or on application by the group.  On establishment of the account, each member of the group shall be liable for payments in lieu of contributions with respect to each calendar quarter in the amount that bears the same ratio to the total benefits paid in that quarter that are attributable to service performed in the employ of all members of the group as the total wages paid for service in employment by the member in that quarter bear to the total wages paid during such quarter for service performed in the employ of all members of the group. The department shall prescribe regulations as it deems necessary with respect to applications for establishment, maintenance, and termination of group accounts that are authorized by this subsection, for addition of new members to, and withdrawal of active members from, such accounts, and for the determination of the amounts that are payable under this subsection by members of the group and the time and manner of such payments.

E. Benefits are payable on the basis of employment to which this section applies, in the same amount, on the same terms and subject to the same conditions as benefits payable on the basis of other employment subject to this chapter, except that notwithstanding sections 23-779 and 23-780:

1. Benefits based on service in an instructional, research or principal administrative capacity for an educational institution shall not be paid to an individual for any week of unemployment that begins during the period between two successive academic years, or during a similar period between two regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the individual's contract, if the individual performs the services in the first of the academic years or terms and if there is a contract or a reasonable assurance that the individual will perform services in any such capacity for any educational institution in the second of the academic years or terms.

2. Benefits based on service in any other capacity for an educational institution shall not be paid to an individual for any week of unemployment that begins during a period between two successive academic years or terms if the individual performs the services in the first of such academic years or terms and if there is a reasonable assurance that the individual will perform the services in the second of the academic years or terms, except that if benefits are denied to any individual under this paragraph and that individual was not offered an opportunity to perform the services for the educational institution for the second of the academic years or terms, the individual is entitled to a retroactive payment of benefits for each week for which the individual filed a timely claim for benefits and for which benefits were denied solely by reason of this paragraph.

3. Benefits based on services described in paragraph 1 or 2 of this subsection shall not be paid to an individual for any week of unemployment that begins during an established and customary vacation period or holiday recess if the individual performs services in the period immediately before the vacation period or holiday recess and if there is a reasonable assurance that the individual will perform the services in the period immediately following such vacation period or holiday recess.

4. With respect to any services described in paragraph 1 or 2 of this subsection, benefits are not payable on the basis of services in any capacity specified in paragraph 1, 2 or 3 of this subsection to any individual who performed these services in an educational institution while in the employ of an educational service agency. For the purposes of this paragraph, "educational service agency" means a governmental agency or governmental entity that is established and operated exclusively for the purpose of providing these services to one or more educational institutions.

5. With respect to services described in paragraph 1, 2 or 3 of this subsection, benefits are not payable on the basis of services specified in paragraph 1, 2 or 3 of this subsection to any individual who performed these services while in the employ of an entity that provides these services to or on behalf of an educational institution.

6. If an individual provides services to more than one educational employer described in paragraph 1, 2 or 3 of this subsection, benefits are not payable on the basis of services provided to an educational employer for which there is a contract or reasonable assurance for determining eligibility for benefits between or within terms, but benefits are payable on the basis of services provided to an employer for which there is no contract or reasonable assurance.

F. In determining contribution rates assigned to employers under this chapter, the payrolls of employing units liable for payments in lieu of contributions shall not be included in computing the contribution rates to be assigned to employers under this chapter. The payments in lieu of contributions made by these employing units shall be included in the total assets of the fund in the same manner as contributions paid by other employers.

G. Except as inconsistent with this section, this chapter and regulations of the department shall apply to any matter arising pursuant to this section.
A.R.S. § 23-411 — Arizona Code / Title 23 / Chapter 2 / Article 10 / Section 411
23-411 Temporary and experimental variances
Status: in_force

23-411. Temporary and experimental variances

A. Any employer may apply to the commission for a temporary order granting a variance from a standard or regulation or any provision thereof promulgated under this article.

B. Such temporary order shall be granted only if the employer files an application which meets the requirements of subsection C of this section and establishes all of the following:

1. He is unable to comply with a standard or regulation by its effective date because of unavailability of professional or technical personnel or of materials and equipment needed to come into compliance with the standard or regulation or because necessary construction or alteration of facilities cannot be completed by the effective date.

2. He is taking all available steps to safeguard his employees against the hazards covered by the standard or regulation.

3. He has an effective program for coming into compliance with the standard or regulation as quickly as practicable.  Any temporary order issued under this section shall prescribe the practices, means, methods, operations and processes which the employer must adopt and use while the order is in effect and state in detail his program for coming into compliance with the standard or regulation. Such a temporary order may be granted only after notice to employees and an opportunity for a hearing before the commission. A hearing must be requested within twenty days of such notice to employees. The commission may issue one interim order to be effective until a decision is made on the basis of the hearing. No temporary order may be in effect for longer than the period needed by the employer to achieve compliance with the standard or regulation or six months, whichever is shorter, except that such an order may be renewed not more than once so long as the requirements of this section are met and if an application for renewal is filed at least sixty days prior to the expiration date of the order. No interim renewal of an order may remain in effect for longer than one hundred eighty days.

C. An application for a temporary order under this section shall contain all of the following:

1. A specification of the standard or regulation or portion thereof from which the employer seeks a variance.

2. A representation by the employer, supported by representations from qualified persons having firsthand knowledge of the facts represented, that he is unable to comply with the standard or regulation or portion thereof and a detailed statement of the reasons therefor.

3. A statement of the steps he has taken and will take with specific dates to protect employees against the hazard covered by the standard or regulation.

4. A statement of when he expects to be able to comply with the standard or regulation and what steps he has taken and what steps he will take with dates specified to come into compliance with the standard or regulation.

5. A certification that he has informed his employees of the application by giving a copy thereof to their authorized representative, posting a statement giving a summary of the application and specifying where a copy may be examined at the place or places where notices to employees are normally posted and by other appropriate means. A description of how employees have been informed shall be contained in the certification. The information to employees shall also inform them of their right to petition the commission for a hearing.

D. The commission is authorized to grant an experimental variance from any standard or regulation or portion thereof whenever it determines that such variance is necessary to permit an employer to participate in an experiment approved by the commission and designed to demonstrate or validate new and improved techniques to safeguard the safety or health of workers. An employer applying for an experimental variance must comply with the requirements of subsection C, paragraphs 1, 3 and 5 of this section.
A.R.S. § 23-234 — Arizona Code / Title 23 / Chapter 2 / Article 3 / Section 234
23-234 Minimum age of newspaper carriers
Status: in_force

23-234. Minimum age of newspaper carriers

No child under the age of ten years shall sell, expose for sale or otherwise offer for sale newspapers, magazines or periodicals in any street or public place.
A.R.S. § 23-779 — Arizona Code / Title 23 / Chapter 4 / Article 6 / Section 779
23-779 Amount of benefits
Status: in_force

23-779. Amount of benefits

A. The weekly benefit amount of an individual shall be an amount equal to 1/25 of the person's total wages for insured work paid during that quarter of the person's base period in which such total wages were highest, but if:

1. From and after June 30, 2004 and before July 1, 2022, this amount is more than $240, the weekly benefit amount shall be $240.

2. From and after June 30, 2022, this amount is more than $320, the weekly benefit amount shall be $320.

B. If the weekly benefit amount is less than the maximum weekly benefit prescribed in subsection A of this section and is not a multiple of $1, the amount shall be rounded to the nearest dollar, with an even one-half dollar being rounded to the next higher multiple of $1. An individual's benefit amount shall not be redetermined during the person's benefit year because of a new maximum or minimum weekly benefit amount becoming effective during the person's benefit year.

C. Each eligible individual who is unemployed with respect to any week shall be paid with respect to that week a benefit in an amount equal to the individual's weekly benefit amount less that part of the wages, if any, payable to the individual with respect to that week that is in excess of $30 through June 30, 2022 and from and after June 30, 2022 that is in excess of $160.  The benefit, if not a multiple of $1, shall be rounded to the nearest dollar, with an even one-half dollar being rounded to the next higher multiple of $1.
A.R.S. § 23-901.05 — Arizona Code / Title 23 / Chapter 6 / Article 1 / Section 901.05
23-901.05 Occupational disease aggravated by other disease or other disease aggravated by occupational disease; effect on compensation
Status: in_force

23-901.05. Occupational disease aggravated by other disease or other disease aggravated by occupational disease; effect on compensation

Where an occupational disease, as defined by section 23-901, paragraph 13, subdivision (c), is aggravated by any other disease or infirmity not itself compensable, or where disability or death from any other cause not itself compensable is aggravated, prolonged, accelerated or in anywise contributed to by an occupational disease, the compensation payable under this chapter shall be reduced and limited to such proportion only of the compensation that would be payable if the occupational disease were the sole cause of the disability or death, as such occupational disease as a causative factor bears to all the causes of such disability or death.
A.R.S. § 23-683 — Arizona Code / Title 23 / Chapter 4 / Article 3 / Section 683
23-683 Exemption of claimant from fees; approval required for counsel or agent fee; violation; classification
Status: in_force

23-683. Exemption of claimant from fees; approval required for counsel or agent fee; violation; classification

A. No individual claiming benefits shall be charged fees of any kind in a proceeding under this chapter by the department or its representatives or by a court or officer thereof.

B. An individual claiming benefits or an employer in a proceeding before the department or a court may be represented by counsel or other duly authorized agent. No such counsel or agent for an individual shall either charge or receive for his services more than an amount approved by the department.

C. Any person who violates any provision of this section is guilty of a class 2 misdemeanor.
A.R.S. § 23-743 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 743
23-743 Limitations
Status: in_force

23-743. Limitations

A. Except as provided in subsections D and E of this section, additional contributions, payments in lieu of contributions, interest or penalties shall not be determined by the department to be due after three years from the date the contributions, payments in lieu of contributions, interest or penalties became delinquent.

B. An employer's obligation for any contributions, payments in lieu of contributions, interest or penalties that are required to be collected by the department for any period are extinguished, if not previously satisfied, six years after the amounts were determined due unless one of the following circumstances applies:

1. The department has commenced civil action to collect the debt pursuant to section 23-737 or 23-737.01.

2. The taxpayer has agreed in writing to extend the time period before the time period expires.

3. An enforced collection has been stayed by the operation of federal or state law during the period.  The period of limitations prescribed by this subsection is extended by the period of time that the department was stayed from engaging in enforced collections.

C. If a tax obligation is extinguished pursuant to subsection B of this section, any related liens for those obligations are also extinguished.

D. In case of failure without good cause to file a return, fraud or intent to evade any provision of this chapter, additional contributions, payments in lieu of contributions, interest or penalties shall not be determined by the department to be due after six years from the date the contributions, interest or penalties became delinquent.

E. Any amount of contributions, interest or penalties for wages and periods that are assessed by the internal revenue service as subject to the federal unemployment tax act against which credit may be taken for contributions required to be paid into a state unemployment fund by employers subject to the federal law shall be determined by the department to be due regardless of the date the contributions, payments in lieu of contributions, interest or penalties became delinquent.
A.R.S. § 23-1391 — Arizona Code / Title 23 / Chapter 8 / Article 5 / Section 1391
23-1391 Investigatory powers
Status: in_force

23-1391. Investigatory powers

A. The board, or its duly authorized agent or agencies, shall have access to, at all reasonable times, for the purpose of examination, and the right to copy any evidence of any person being investigated or proceeded against that relates to any matter under investigation or in question. The board or any member of the board on application of any party to such proceedings forthwith shall issue to such party subpoenas requiring the attendance and testimony of witnesses or the production of any evidence in such proceeding or investigation requested in such application. Within five days after the service of a subpoena on any person requiring the production of any evidence in his possession or under his control, such person may petition the board to revoke, and the board shall revoke, the subpoena if in its opinion the evidence whose production is required does not relate to any matter under investigation, or any matter in question in such proceedings, or if in its opinion such subpoena does not describe with sufficient particularity the evidence whose production is required. Any member of the board, or any agent or agency designated by the board for such purposes, may administer oaths and affirmations, examine witnesses and receive evidence. The attendance of witnesses and the production of the evidence may be required from any place in this state at any designated place of hearing.

B. In case of contumacy or refusal to obey a subpoena issued to any person, the superior court in the county within the jurisdiction of which the person guilty of contumacy or refusal to obey is found or resides or transacts business, on application by the board, has jurisdiction to issue to such person an order requiring the person to appear before the board, or a member, agent or agency of the board, to produce evidence if so ordered or to give testimony touching the matter under investigation or in question. Failure to obey the order of the court may be punished by the court as contempt.

C. Complaints, orders and other process and papers of the board, or a member, agent or agency of the board, may be served either personally, by registered or certified mail, by telegraph or by leaving a copy at the principal office, place of business or residence of the person required to be served. The verified return by the individual personally serving or leaving the copy, setting forth the manner of the service, and the return post office receipt, if registered or certified, or telegraph receipt and mailed or telegraphed as provided in this subsection, are proof of service. Witnesses summoned before the board or its members, agent or agency shall be paid the same fees and mileage that are paid witnesses in the superior court and witnesses whose depositions are taken, and the persons taking the depositions are entitled to the same fees as are paid for like services in the superior court.

D. The departments and agencies of this state, if directed by the governor, shall furnish the board, on its request, with all unprivileged records, papers and information in their possession relating to any matter before the board.
A.R.S. § 23-905 — Arizona Code / Title 23 / Chapter 6 / Article 1 / Section 905
23-905 Minor employees; limitation on payment of lump sum award; additional compensation
Status: in_force

23-905. Minor employees; limitation on payment of lump sum award; additional compensation

A. A minor working at an age and at an occupation legally permitted shall be deemed of the age of majority for the purposes of this chapter, and no other person shall have any claim or right to compensation for an injury to such minor employee, but an award of a lump sum of compensation to the minor employee shall be paid only to his legally appointed guardian.

B. An injured minor who is working at an age and at an occupation which is not legally permitted is entitled to additional compensation in an amount equal to fifty per cent of the compensation the injured minor would otherwise receive pursuant to this chapter. If an insurance carrier is required to pay additional compensation pursuant to this subsection, the insurance carrier shall be subrogated and entitled to recover any such amounts paid from the employer.
A.R.S. § 23-110 — Arizona Code / Title 23 / Chapter 1 / Article 1 / Section 110
23-110 Industrial commission ombudsman
Status: in_force

23-110. Industrial commission ombudsman

A. The director of the industrial commission shall employ an ombudsman to assist recipients of workers' compensation benefits.

B. The ombudsman shall not provide legal advice but may provide information about the workers' compensation system and rules governing commission proceedings and may assist in clarifying the methods used to determine a person's workers' compensation benefits.
A.R.S. § 23-1062.02 — Arizona Code / Title 23 / Chapter 6 / Article 9 / Section 1062.02
23-1062.02 Use of controlled substances; prescription of schedule II controlled substances; reports; treatment plans; monitoring program inquiries; preauthorizations; definitions
Status: in_force

23-1062.02. Use of controlled substances; prescription of schedule II controlled substances; reports; treatment plans; monitoring program inquiries; preauthorizations; definitions

A. A physician who prescribes a schedule II controlled substance to an employee shall comply with title 32, chapter 32, article 4, including the provisions in that article relating to patients with traumatic injuries.

B. A physician shall include in the report required under commission rule the following information pertaining to the use of a narcotic or opium-based controlled substance that is listed in schedule II or the prescription of any opioid medication:

1. Justification for the use of the controlled substance, including documentation of the following:

(a) That a physical examination of the employee was conducted.

(b) That a substance use risk assessment of the employee was conducted.

(c) That the employee gave informed consent for any opioid treatment.

2. A treatment plan describing the measures that the physician will implement to monitor and prevent the development of abuse, dependence, addiction or diversion by the employee.  The physician shall include in the treatment plan all of the following:

(a) A medication agreement.

(b) The frequency of face-to-face follow-up visits to reevaluate the employee's continued use of opioids.

(c) Random drug testing.

(d) Documentation that the medication regime is providing relief that is demonstrated by clinically meaningful improvement in function.

(e) Criteria and procedures for tapering and discontinuing opioid prescription or administration as part of the treatment.

(f) Criteria and procedures for offering or referring the employee for treatment for dependence on or addiction to opioids.

C. If the drug test of the employee reveals inconsistent results, the physician within five business days shall provide a written report to the carrier, self-insured employer or commission setting forth a treatment plan to address the inconsistent drug test results.

D. Before prescribing an opioid analgesic or benzodiazepine controlled substance that is listed in schedule II, III or IV for an employee and at least quarterly while that prescription remains a part of the treatment, the physician shall obtain a patient utilization report regarding the employee from the controlled substances prescription monitoring program's central database tracking system as required by section 36-2606. The physician shall report the results to the carrier, self-insured employer or commission as soon as reasonably practicable but not later than thirty days after the date of the inquiry.  Thereafter, the carrier, self-insured employer or commission may request not more than once every two months that the physician obtain a patient utilization report regarding the employee from the controlled substances prescription monitoring program's central database tracking system.

E. If the patient utilization report from the controlled substances prescription monitoring program's central database tracking system reveals that the employee is receiving opioids from another undisclosed health care provider, the physician shall within five business days report the results to the carrier, self-insured employer or commission.

F. If the physician does not comply with this section:

1. The carrier, self-insured employer or commission is not responsible for payment for the physician's services until the physician complies with this section.

2. Except for a self-insured employer that provides medical care pursuant to section 23-1070, the employer, carrier or commission may request a change of physician after making a written request to the physician to comply with this section and the request identifies the area of noncompliance. If a change of physician is ordered and the order becomes final, the employee shall select a physician who agrees to comply with this section. If other medical providers are not available in the employee's area of residence, the employer, carrier or commission shall pay in advance for the employee's reasonable travel expenses, including the cost of transportation, food, lodging and loss of pay, if applicable.

G. If medically necessary, the carrier, self-insured employer or commission shall provide drug rehabilitation and detoxification treatment for an employee who becomes dependent on or addicted to opioids that are prescribed for a work-related injury. In the event of a medical conflict regarding the necessity for drug rehabilitation and detoxification, the carrier, self-insured employer or commission shall continue to provide the opioids until a determination is made after a hearing by an administrative law judge.

H. If the employee resides out of state, the carrier, self-insured employer or commission is not responsible for providing medications that are subject to this section if the out-of-state physician fails to comply with this section. If the other state has a controlled substances monitoring program, the physician shall submit an inquiry to the database as prescribed by subsection D of this section.

I. A carrier, a self-insured employer or the commission may require physician compliance with this section notwithstanding the existence of a prior award addressing medical maintenance benefits for medications. A carrier or self-insured employer is not liable for bad faith or unfair claims processing for any act taken in compliance of and consistent with this section or any act reasonably necessary to monitor or assess the appropriateness and effectiveness of an employee's opioid use.

J. For the purposes of this section:

1. "Clinically meaningful improvement in function" means both of the following:

(a) A significant improvement in the performance of activities of daily living or a reduction in work restrictions.

(b) A reduction in dependency on continued medical treatment.

2. "Inconsistent results" means:

(a) The employee's reported medications, including the parent drugs or metabolites, are not detected.

(b) Controlled substances are detected that are not reported by the employee.

3. "Substance use risk assessment" means an evaluation of an employee's unique likelihood for addiction, misuse, diversion or another adverse consequence resulting from the employee being prescribed or receiving treatment with opioids.

4. "Traumatic injury" as used in title 32, chapter 32, article 4 means physical injury that creates a reasonable risk of death or that causes serious or permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb.
A.R.S. § 23-357 — Arizona Code / Title 23 / Chapter 2 / Article 7 / Section 357
23-357 Investigation of wage and nonwage compensation claims
Status: in_force

23-357. Investigation of wage and nonwage compensation claims

A. The department shall investigate wage and nonwage claims timely filed under section 23-356 to determine if wages are due or if a dispute exists between the parties to the claim.

B. Upon completion of its investigation, the department shall notify the parties to the claim of its findings in writing, which may include a finding that a dispute exists which cannot be resolved by the department's investigation. If it is determined that the claim for unpaid wages is valid, the department shall direct that the unpaid wages be paid by the party responsible for their payment.
A.R.S. § 23-708 — Arizona Code / Title 23 / Chapter 4 / Article 4 / Section 708
23-708 Reimbursement of employment security administration fund
Status: in_force

23-708. Reimbursement of employment security administration fund

A. This state recognizes its obligation to replace, and pledges its faith that funds will be provided in the future and applied to the replacement of, any monies received from the United States department of labor under title III of the social security act, any monies granted to this state pursuant to the provisions of the Wagner-Peyser act, and any monies made available by this state or its political subdivisions and matched by monies granted to this state pursuant to the provisions of the Wagner-Peyser act, which the secretary of labor of the United States finds, because of any action or contingency, have been lost or have been expended for purposes other than, or in amounts in excess of, those found necessary by the secretary of labor of the United States and the employment security commission for the proper administration of this chapter.

B. Such monies shall be replaced within a reasonable time by monies appropriated by the legislature from the general funds of this state to the employment security administration fund for expenditure as provided in section 23-707. The commission shall report to the state budget officer in the same manner as is provided generally for the submission of financial requirements, and the governor shall include in his budget report to the next regular session of the legislature the amount required for replacement.

C. The monies in the special administration fund are specifically made available to replace, within a reasonable time, monies received by this state under title III of the social security act which are required to be paid under this section.
A.R.S. § 23-1091 — Arizona Code / Title 23 / Chapter 6 / Article 11 / Section 1091
23-1091 Assigned risk plan
Status: in_force

23-1091. Assigned risk plan

A. An insurer may decline to issue a workers' compensation or occupational disease policy to an employer.  An employer who is refused coverage by two or more insurers shall be placed in the assigned risk plan established by this section unless any of the following factors exist when the employer submits an application for the assigned risk plan:

1. On a current or previous workers' compensation policy, the employer does either of the following:

(a) Knowingly does not meet reasonable health and safety requirements or audit or loss prevention requirements.

(b) Does not allow any insurance carrier or assigned insurance carrier reasonable access to the employer's records for audit or inspection purposes under the policy.

2. The employer has an outstanding premium that is due on a workers' compensation policy and that is not subject to a bona fide dispute.

3. The employer or the employer's representative knowingly fails to comply with the assigned risk plan's application procedures or knowingly makes a material misrepresentation on the application.

B. If an employer is placed in the assigned risk plan as established by this section, the employer may be removed from the assigned risk plan subject to section 23-961.

C. There shall be only one workers' compensation assigned risk plan in this state.  The director of the department of insurance and financial institutions shall contract with a qualified party to be the assigned risk plan administrator.

D. The administrator may charge all insurers transacting workers' compensation insurance in this state a reasonable fee to administer the assigned risk plan.  Each insurer shall pay a share of the fee based on the insurer's share of the preceding calendar year's total net direct workers' compensation and occupational disease compensation insurance premiums written in this state.

E. The assigned risk plan administrator shall develop a plan of operation and, on approval by the director of the department of insurance and financial institutions, shall issue a directive for the equitable apportioning of assigned risks among all the insurers.  At any time, the director of the department of insurance and financial institutions may require the assigned risk plan administrator to amend the plan of operation. The plan shall include at least the following:

1. A method for the administrator to select one or more insurers transacting workers' compensation insurance in this state to act as servicing carriers.  An administrator that is an insurer may act as its own servicing carrier.  The administrator shall monitor the performance of the servicing carriers and shall measure performance against the administrator's established standards.  A servicing carrier shall:

(a) Provide coverage for the risks placed in the assigned risk plan.

(b) Pay claims.

(c) Provide safety management services.

(d) Perform other activities that are related to the preliminary and subsequent effectuation of the contract and that arise out of the contract, including paying commissions to any licensed property and casualty agent or broker in this state.

2. A method for apportioning the workers' compensation assigned risks among all insurers.

F. Unless the director decides to use another method, the rates used to determine the premiums of risks in the assigned risk plan are the rates annually filed with the director of the department of insurance and financial institutions by the designated rating organization pursuant to section 20-357, subsection B, unless the director requires the use of rates from another rating organization, plus a uniform percentage increase that applies to all classifications, that is determined by the designated rating organization or, if the director directs, another rating organization and that is subject to approval by the director. The expected loss rates, ballast factors and other factors for use with the uniform experience rating plan as described in title 20, chapter 2, article 4 and filed with the director also apply to experience rated risks in the assigned risk plan.

G. Rating classifications used in the assigned risk plan shall conform to the uniform classification plan.  Subclassifications and rating rule deviations shall not be used in the assigned risk plan.

H. All insurers participating in workers' compensation or occupational disease compensation insurance shall participate in the assigned risk plan.

I. Distribution of assignments among insurers shall be made in proportion to each insurer's share of the preceding calendar year's total net direct workers' compensation and occupational disease compensation insurance premium written in this state, as far as practicable.

J. An insurer that refuses to participate in the assigned risk plan shall not be authorized to write workers' compensation coverage in this state. If an insurer refuses to participate in the assigned risk plan after being authorized to write workers' compensation coverage in this state, the insurer's authorization shall be revoked. If an insurer withdraws from or is terminated from writing workers' compensation coverage in this state, the insurer remains responsible for all injuries sustained during the period of coverage stated in the policies of that insurer.
A.R.S. § 23-798 — Arizona Code / Title 23 / Chapter 4 / Article 7 / Section 798
23-798 Reservation of legislative authority; no vested rights
Status: in_force

23-798. Reservation of legislative authority; no vested rights

The legislature reserves the right to amend or repeal all or any part of this chapter at any time, and there shall be no vested private right of any kind against such amendment or repeal. All the rights, privileges or immunities conferred by this chapter or by acts done pursuant thereto shall exist subject to the power of the legislature to amend or repeal this chapter at any time.
A.R.S. § 23-1070 — Arizona Code / Title 23 / Chapter 6 / Article 9 / Section 1070
23-1070 Medical, surgical and hospital benefits provided by employer; pilot program
Status: in_force

23-1070. Medical, surgical and hospital benefits provided by employer; pilot program

A. An employer, other than this state or a political subdivision of this state, who secures compensation to his employees in the manner provided in section 23-961, subsection A, paragraph 1 or 2, alone or jointly with other employers, in lieu of making premium payments for medical, surgical and hospital benefits, may provide such benefits to injured employees and may collect one-half of the cost thereof from his employees, not to exceed one dollar per month from any employee, which may be deducted from the wages of the employee.

B. An employer electing to provide such benefits shall notify his insurance carrier and the commission of the election and render a detailed statement of the arrangements made therefor to the commission.

C. An employer who maintains a hospital for his employees or who contracts with a physician for the hospital care of injured employees, on or before January 30 each year, shall make a verified written report to the commission for the preceding year showing the total amount of hospital fees collected and showing separately the amount contributed by the employees and the amount contributed by the employers. The report shall also contain an itemized account of the expenditures, investments or other disposition of the fees, and a statement showing the balance remaining.

D. An employer who fails to notify his insurance carrier and the commission of his election to provide such benefits, or who maintains a hospital or contracts for hospital service as provided in subsection C of this section, and fails to make the financial report required therein, is liable for such benefits as provided in section 23-1062.

E. If the medical, surgical or hospital aid or treatment being furnished by an employer is such that there is reasonable ground to believe that the health, life or recovery of any employee is endangered or impaired thereby, the commission, upon application of the employee or upon its own motion, may order a change of physicians or other conditions. If the employer fails to comply with the order promptly, the injured employee may elect to have medical, surgical or hospital aid or treatment provided by or through the special fund established by section 23-1065.  In that event the claim of the injured employee against the employer shall be assigned to the special fund for the benefit thereof, and the special fund shall furnish to the insured employee medical, surgical or hospital aid or treatment as provided in this chapter.

F. Notwithstanding subsection A of this section, a pilot program is established to allow a city with a population of more than one hundred fifty thousand persons and a self-insured county insurance pool to provide medical, surgical and hospital benefits pursuant to this section. The purpose of the pilot program is to determine whether public sector entities that are self-insured can, through a directed care and medical management program, contain costs and improve health care and return to work results for injured employees.  The industrial commission shall select the qualified city.  The entities participating in the pilot program shall consult with the industrial commission on the protocol for assessment and reporting and shall submit all baseline data to the commission before the pilot program can begin. No earlier than January 1, 2012 and not later than January 1, 2013, the pilot program participants may begin providing medical, surgical and hospital benefits pursuant to this section on approval by the industrial commission.  This subsection does not exempt pilot program participants from any other requirements for procurement of a medical network to direct care.  The pilot program participants shall report in accordance with the protocol for assessment and reporting, with a final report two years after the start of the pilot program.  The pilot program ends and pilot program participants may not provide medical, surgical and hospital benefits pursuant to this section from and after December 31, 2014.
A.R.S. § 23-238 — Arizona Code / Title 23 / Chapter 2 / Article 3 / Section 238
23-238 Injunctive relief
Status: in_force

23-238. Injunctive relief

Upon the failure or refusal of a person to comply with a cease and desist order of the commission, the commission may file an action in the superior court of the county where the alleged violation occurred to restrain and enjoin the person from engaging in further acts violating the order. The court shall proceed as in other actions for injunctions. In the preliminary hearing in an action for an injunction or restraining order brought pursuant to this article, any findings of the commission shall be prima facie evidence of the fact or facts found therein until rebutted.
A.R.S. § 23-722.04 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 722.04
23-722.04 Unemployment insurance information; disclosure; violation; classification
Status: in_force

23-722.04. Unemployment insurance information; disclosure; violation; classification

A. The department or the office of economic opportunity may disclose unemployment insurance information to the following entities:

1. Any federal, state or local governmental agency in the investigation of fraud relating to public programs or the misuse of public monies.

2. Divisions of the department, including the employment and rehabilitation services administrations, for program and research purposes.

3. The workforce Arizona council for program performance, regional planning and other program and research purposes.

4. The department of education to evaluate adult education program performance and for other primary and adult education program and research purposes.

5. The Arizona board of regents, universities under the jurisdiction of the Arizona board of regents and community college districts to evaluate program performance and for other program and research purposes.

6. The United States department of labor, or its agents, or the United States census bureau, or its agents, as required by law or in connection with the requirements imposed as a result of receiving federal funding.

7. Department contractors or subcontractors, or their agents, for the sole purpose of providing for the processing, storage and transmission of information.  This disclosure must be consistent with this section.

8. The industrial commission of Arizona, department of insurance and financial institutions or attorney general for use by those agencies, or their agents or contractors, in the prevention, investigation and prosecution of workers' compensation fraud.

B. On the request of one of the entities specified in subsection A of this section to the department or the office of economic opportunity, the department or the office of economic opportunity shall disclose unemployment insurance information to the entity pursuant to guidelines established by the workforce data task force established by section 41-5404 and pursuant to a written data sharing agreement with the requesting entity in a form determined by the workforce data task force pursuant to the laws of this state and applicable federal regulations.  The department or the office of economic opportunity may disclose the unemployment insurance information only after the requesting entity has demonstrated that the information will be kept confidential, except for those purposes for which the information was provided to the requesting entity, and that the requesting entity has security safeguards in place to prevent the unauthorized disclosure of the information.

C. Except as otherwise allowed by law or as otherwise authorized by agreement between the department of economic security and the United States department of labor, the department of economic security or the office of economic opportunity may not use federal unemployment insurance grant monies to pay for any costs incurred in processing and handling requests for disclosure of unemployment insurance information. The department of economic security and the office of economic opportunity, in consultation with the workforce data task force, shall establish a rate structure that complies with 20 Code of Federal Regulations section 603.8 for costs incurred in processing requests for disclosure of unemployment insurance information.

D. The requesting entity may not make public any unemployment insurance information that identifies an individual or the individual's employer.  Any unauthorized disclosure, including security breaches, shall be reported to the department and the office of economic opportunity immediately.  Any person who knowingly discloses confidential unemployment insurance information in violation of this section without prior written authorization from the department or the office of economic opportunity or authorization as otherwise provided by law is guilty of a class 3 misdemeanor.

E. The office of economic opportunity may use unemployment insurance information to perform economic analyses, for the development of labor market information and a state workforce evaluation data system and for other program and research purposes.

F. This section does not prohibit disclosure that is required or allowed by federal law.
A.R.S. § 23-1048 — Arizona Code / Title 23 / Chapter 6 / Article 8 / Section 1048
23-1048 Reasonable accommodations; earning capacity determination; definitions
Status: in_force

23-1048. Reasonable accommodations; earning capacity determination; definitions

A. If an employer has made reasonable accommodations pursuant to the Americans with disabilities act or other applicable federal or state law, wages payable for the modified job position shall be included in the determination of any temporary partial or permanent partial earning capacity, notwithstanding that the modified job is not available in the open competitive labor market.

B. For the purposes of this section:

1. "Americans with disabilities act" means 42 United States Code sections 12101 through 12213 and 47 United States Code sections 225 and 611 and the ADA amendments act of 2008 (P.L. 110-325; 122 Stat. 3553).

2. "Reasonable accommodations" means accommodations made by the date of injury employer to allow an employee to return to work by modifying job duties consistent with the employee's limitations.
A.R.S. § 23-1030 — Arizona Code / Title 23 / Chapter 6 / Article 7 / Section 1030
23-1030 Effect on employers' liability law
Status: repealed

23-1030. Effect on employers' liability law

This chapter shall not be construed as having repealed the sections of the statutes commonly known as the employers' liability law.
A.R.S. § 23-491.03 — Arizona Code / Title 23 / Chapter 2 / Article 12 / Section 491.03
23-491.03 Existing conveyances
Status: in_force

23-491.03. Existing conveyances

Existing conveyances lawfully installed prior to the effective date of this article may continue in use if the use is, in the opinion of the director, not a hazard to life, health or property.
A.R.S. § 23-493.11 — Arizona Code / Title 23 / Chapter 2 / Article 14 / Section 493.11
23-493.11 Effect of mandatory testing obligations
Status: in_force

23-493.11. Effect of mandatory testing obligations

An employer who is obligated by state or federal requirements to have a drug testing or alcohol impairment testing policy or program shall receive the full benefits of this article, even if that policy or program does not conform to all of the provisions of this article, provided the employer complies with the state or federal requirements applicable to the employer's operations.
A.R.S. § 23-1307 — Arizona Code / Title 23 / Chapter 8 / Article 1 / Section 1307
23-1307 Injunctive relief from injury resulting from violation of article
Status: in_force

23-1307. Injunctive relief from injury resulting from violation of article

A person injured or threatened with injury by an act declared illegal by this article shall, notwithstanding any other provision of law to the contrary, be entitled to injunctive relief therefrom.
A.R.S. § 23-802 — Arizona Code / Title 23 / Chapter 5 / Article 1 / Section 802
23-802 Declaration of policy
Status: in_force

23-802. Declaration of policy

Labor and services of workmen at manual and mechanical labor in the employment of a person in an occupation declared by section 23-803 to be hazardous is service in a hazardous occupation within the meaning of the terms of section 23-801. By reason of the nature and conditions of and the means used and provided for doing the work in a hazardous occupation, such service is especially dangerous and hazardous to the workmen because of risks and hazards inherent in such occupations and which are unavoidable by the workmen therein.
A.R.S. § 23-1062 — Arizona Code / Title 23 / Chapter 6 / Article 9 / Section 1062
23-1062 Medical, surgical, hospital benefits; translation services; travel expenses; commencement of compensation; method of compensation
Status: in_force

23-1062. Medical, surgical, hospital benefits; translation services; travel expenses; commencement of compensation; method of compensation

A. Promptly, on notice to the employer, every injured employee shall receive medical, surgical and hospital benefits or other treatment, nursing, medicine, surgical supplies, crutches and other apparatus, including artificial members, reasonably required at the time of the injury, and during the period of disability. Such benefits shall be termed "medical, surgical and hospital benefits".

B. Medical, surgical and hospital benefits include translation services, if needed.  A carrier, self-insurance pool or employer that does not direct care pursuant to section 23-1070 may choose the translator if the translator is certified by an outside agency and is not an employee of the carrier, self-insurance pool or employer. If the carrier, self-insurance pool or employer is unable to locate a certified translator for the particular language or dialect needed, the parties may agree on a translator who is not a certified translator.

C. Compensation for medical, surgical and hospital benefits shall include reimbursement for reasonable travel expenses if the employee must travel more than twenty-five miles from the employee's place of residence to obtain medical care for the injury.

D. The first installment of compensation is to be paid no later than the twenty-first day after written notification by the commission to the carrier of the filing of a claim unless the right to compensation is denied. Thereafter, compensation shall be paid at least once each two weeks during the period of temporary total disability and at least monthly thereafter. Compensation shall not be paid for the first seven days after the injury. If the incapacity extends beyond the period of seven days, compensation shall begin on the eighth day after the injury, but if the disability continues for one week beyond such seven days, compensation shall be computed from the date of the injury.

E. Compensation shall be made by negotiable instrument, payable immediately on demand or, at the election of the employee and if offered by the employer or carrier, by another commonly accepted method for transferring money by banking institutions, including electronic fund transfers to the employee's account or a prepaid debit card account that is established for the purpose of making direct electronic payment to the employee.
A.R.S. § 23-364 — Arizona Code / Title 23 / Chapter 2 / Article 8 / Section 364
23-364 Enforcement
Status: in_force

23-364. Enforcement

(Caution:  1998 Prop. 105 applies)

A. The commission is authorized to enforce and implement this article and may promulgate regulations consistent with this article to do so.  For purposes of this section: (1) "article" shall mean both article 8 and article 8.1 of this chapter; (2) "earned paid sick time" is as defined in section 23-371, Arizona Revised Statutes; (3) "employer" shall refer to the definition of employer in section 23-362, Arizona Revised Statutes, for purposes of minimum wage enforcement and shall refer to the definition of employer in section 23-371, Arizona Revised Statutes, for purposes of earned paid sick time enforcement; and (4) "retaliation" shall mean denial of any right guaranteed under article 8 and article 8.1 of this chapter and any threat, discharge, suspension, demotion, reduction of hours, or any other adverse action against an employee for the exercise of any right guaranteed herein including any sanctions against an employee who is the recipient of public benefits for rights guaranteed herein.  Retaliation shall also include interference with or punishment for in any manner participating in or assisting an investigation, proceeding or hearing under this article.

B. No employer or other person shall discriminate or subject any person to retaliation for asserting any claim or right under this article, for assisting any other person in doing so, or for informing any person about their rights.  Taking adverse action against a person within ninety days of a person's engaging in the foregoing activities shall raise a presumption that such action was retaliation, which may be rebutted by clear and convincing evidence that such action was taken for other permissible reasons.

C. Any person or organization may file an administrative complaint with the commission charging that an employer has violated this article as to any employee or other person.  When the commission receives a complaint, the commission may review records regarding all employees at the employer's worksite in order to protect the identity of any employee identified in the complaint and to determine whether a pattern of violations has occurred.  The name of any employee identified in a complaint to the commission shall be kept confidential as long as possible.  Where the commission determines that an employee's name must be disclosed in order to investigate a complaint further, it may so do only with the employee's consent.

D. Employers shall post notices in the workplace, in such format specified by the commission, notifying employees of their rights under this article.  Employers shall provide their business name, address, and telephone number in writing to employees upon hire.  Employers shall maintain payroll records showing the hours worked for each day worked, and the wages and earned paid sick time paid to all employees for a period of four years. Failure to do so shall raise a rebuttable presumption that the employer did not pay the required minimum wage rate or earned paid sick time. The commission may by regulation reduce or waive the recordkeeping and posting requirements herein for any categories of small employers whom it finds would be unreasonably burdened by such requirements. Employers shall permit the commission or a law enforcement officer to inspect and copy payroll or other business records, shall permit them to interview employees away from the worksite, and shall not hinder any investigation.  Such information provided shall keep confidential except as is required to prosecute violations of this article.  Employers shall permit an employee or his or her designated representative to inspect and copy payroll records pertaining to that employee.

E. A civil action to enforce this article may be maintained in a court of competent jurisdiction by a law enforcement officer or by any private party injured by a violation of this article.

F. Any employer who violates recordkeeping, posting, or other requirements that the commission may establish under this article shall be subject to a civil penalty of at least $250 dollars for a first violation, and at least $1000 dollars for each subsequent or willful violation and may, if the commission or court determines appropriate, be subject to special monitoring and inspections.

G. Any employer who fails to pay the wages or earned paid sick time required under this article shall be required to pay the employee the balance of the wages or earned paid sick time owed, including interest thereon, and an additional amount equal to twice the underpaid wages or earned paid sick time.  Any employer who retaliates against an employee or other person in violation of this article shall be required to pay the employee an amount set by the commission or a court sufficient to compensate the employee and deter future violations, but not less than one hundred fifty dollars for each day that the violation continued or until legal judgment is final. The commission and the courts shall have the authority to order payment of such unpaid wages, unpaid earned sick time, other amounts, and civil penalties and to order any other appropriate legal or equitable relief for violations of this article.  Civil penalties shall be retained by the agency that recovered them and used to finance activities to enforce this article.  A prevailing plaintiff shall be entitled to reasonable attorney's fees and costs of suit.

H. A civil action to enforce this article may be commenced no later than two years after a violation last occurs, or three years in the case of a willful violation, and may encompass all violations that occurred as part of a continuing course of employer conduct regardless of their date.  The statute of limitations shall be tolled during any investigation of an employer by the commission or other law enforcement officer, but such investigation shall not bar a person from bringing a civil action under this article. No verbal or written agreement or employment contract may waive any rights under this article.

I. The legislature may by statute raise the minimum wage established under this article, extend coverage, or increase penalties.  A county, city, or town may by ordinance regulate minimum wages and benefits within its geographic boundaries but may not provide for a minimum wage lower than that prescribed in this article.  State agencies, counties, cities, towns and other political subdivisions of the state may consider violations of this article in determining whether employers may receive or renew public contracts, financial assistance or licenses.  This article shall be liberally construed in favor of its purposes and shall not limit the authority of the legislature or any other body to adopt any law or policy that requires payment of higher or supplemental wages or benefits, or that extends such protections to employers or employees not covered by this article.
A.R.S. § 23-608 — Arizona Code / Title 23 / Chapter 4 / Article 1 / Section 608
23-608 Benefits
Status: in_force

23-608. Benefits

"Benefits" means the money payments payable to an individual as provided in this chapter, with respect to his unemployment.
A.R.S. § 23-313 — Arizona Code / Title 23 / Chapter 2 / Article 6 / Section 313
23-313 Investigation of wage rates
Status: in_force

23-313. Investigation of wage rates

The commission, on the petition of twenty or more residents of the state engaged in any particular occupation, shall cause an investigation to be made of the wages being paid to minors in that occupation to ascertain whether any substantial number of minors in the occupation are receiving oppressive and unreasonable wages as defined in section 23-311.  If, on the basis of information in the possession of the commission, with or without a special investigation, the commission is of the opinion that a substantial number of minors in any occupation or occupations are receiving oppressive and unreasonable wages as defined in section 23-311, it shall appoint a wage board, as described in section 23-314, to report upon the establishment of minimum fair wage rates for minors in such occupation or occupations.
A.R.S. § 23-1044 — Arizona Code / Title 23 / Chapter 6 / Article 8 / Section 1044
23-1044 Compensation for partial disability; computation
Status: in_force

23-1044. Compensation for partial disability; computation

A. For temporary partial disability there shall be paid during the period thereof sixty-six and two-thirds percent of the difference between the wages earned before the injury and the wages that the injured person is able to earn thereafter. Unemployment benefits received during the period of temporary partial disability shall be considered wages able to be earned.

B. Disability shall be deemed permanent partial disability if caused by any of the following specified injuries, and compensation of fifty-five percent of the average monthly wage of the injured employee, in addition to the compensation for temporary total disability, shall be paid for the period given in the following schedule:

1. For the loss of a thumb, fifteen months.

2. For the loss of a first finger, commonly called the index finger, nine months.

3. For the loss of a second finger, seven months.

4. For the loss of a third finger, five months.

5. For the loss of the fourth finger, commonly called the little finger, four months.

6. The loss of a distal or second phalange of the thumb or the distal or third phalange of the first, second, third or fourth finger, shall be considered equal to the loss of one-half of the thumb or finger, and compensation shall be one-half of the amount specified for the loss of the entire thumb or finger.

7. The loss of more than one phalange of the thumb or finger shall be considered as the loss of the entire finger or thumb, but in no event shall the amount received for more than one finger exceed the amount provided for the loss of a hand.

8. For the loss of a great toe, seven months.

9. For the loss of a toe other than the great toe, two and one-half months.

10. The loss of the first phalange of any toe shall be considered equal to the loss of one-half of the toe and compensation shall be one-half of the amount for one toe.

11. The loss of more than one phalange shall be considered as the loss of the entire toe.

12. For the loss of a major hand, fifty months, or of a minor hand, forty months.

13. For the loss of a major arm, sixty months, or of a minor arm, fifty months.

14. For the loss of a foot, forty months.

15. For the loss of a leg, fifty months.

16. For the loss of an eye by enucleation, thirty months.

17. For the permanent and complete loss of sight in one eye without enucleation, twenty-five months.

18. For permanent and complete loss of hearing in one ear, twenty months.

19. For permanent and complete loss of hearing in both ears, sixty months.

20. The permanent and complete loss of the use of a finger, toe, arm, hand, foot or leg may be deemed the same as the loss of any such member by separation.

21. For the partial loss of use of a finger, toe, arm, hand, foot or leg, or partial loss of sight or hearing, fifty percent of the average monthly wage during that proportion of the number of months in the foregoing schedule provided for the complete loss of use of such member, or complete loss of sight or hearing, which the partial loss of use thereof bears to the total loss of use of such member or total loss of sight or hearing. For the purposes of this paragraph, "loss of use" means a loss of physical function of the affected member, sight or hearing. The effect on an employee's ability to return to the employee's occupation at the time of the injury shall not be considered in establishing the percentage of loss under this section, except that if the employee is unable to return to the work the employee was performing at the time the employee was injured due to the total or partial loss of use, compensation pursuant to this section shall be calculated based on seventy-five percent of the average monthly wage.

22. For permanent disfigurement about the head or face, including injury to or loss of teeth, the commission, pursuant to section 23-1047, may allow such sum for compensation thereof as it deems just, in accordance with the proof submitted, for a period of not more than eighteen months.

C. In cases not enumerated in subsection B of this section, if the injury causes permanent partial disability for work, the employee shall receive during such disability compensation equal to fifty-five percent of the difference between the employee's average monthly wages before the accident and the amount that represents the employee's reduced monthly earning capacity resulting from the disability, but the payment shall not continue after the disability ends, or the death of the injured employee, and in case the partial disability begins after a period of total disability, the period of total disability shall be deducted from the total period of compensation.

D. In determining the amount that represents the reduced monthly earning capacity for the purposes of subsections A and C of this section, consideration shall be given, among other things, to any previous disability, the occupational history of the injured employee, the nature and extent of the physical disability, the type of work the injured employee is able to perform after the injury, any wages received for work performed after the injury and the age of the employee at the time of injury.  If the employee is unable to return to work or continue working in any employment after the injury due to the employee's termination from employment for reasons that are unrelated to the industrial injury, the commission may consider the wages that the employee could have earned from that employment as representative of the employee's earning capacity. A determination of earning capacity that is based on wages that could have been earned from previously terminated employment is subject to change under subsection F of this section and an employee retains the right to later establish that the employee's reduced earning capacity is related in whole or in part to the industrial injury.

E. In case there is a previous disability, as the loss of one eye, one hand, one foot or otherwise, the percentage of disability for a subsequent injury shall be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.

F. For the purposes of subsection C of this section, the commission, in accordance with the provisions of section 23-1047 when the physical condition of the injured employee becomes stationary, shall determine the amount that represents the reduced monthly earning capacity and on such determination make an award of compensation that is subject to change in any of the following events:

1. On a showing of a change in the physical condition of the employee after such findings and award arising out of the injury resulting in the reduction or increase of the employee's earning capacity.

2. On a showing of a reduction in the earning capacity of the employee arising out of such injury where there is no change in the employee's physical condition, after the findings and award.

3. On a showing that the employee's earning capacity has increased after such findings and award.

G. The commission may adopt a schedule for rating loss of earning capacity and reasonable and proper rules to carry out this section. In all cases involving this section, except for cases under subsection B of this section, or in cases involving a request pursuant to section 23-1061, subsection J for disability compensation, if any issue is raised regarding whether the injured employee has suffered a loss of earning capacity because of an inability to obtain or retain suitable work, the following apply:

1. The employer or carrier may present evidence showing that the inability to obtain suitable work is due, in whole or in part, to economic or business conditions, or other factors unrelated to the industrial injury. The injured employee may present evidence showing that the inability to obtain suitable work is due, in whole or in part, to the industrial injury or limitations resulting from the injury. The administrative law judge shall consider all such evidence in determining whether and to what extent the injured employee has sustained any loss of earning capacity.

2. In cases involving loss of employment, the employer or carrier may present evidence showing that the injured employee was terminated from employment or has not obtained suitable work, or both, due, in whole or in part, to economic or business conditions, or other factors unrelated to the injury. The injured employee may present evidence showing that such termination or inability to obtain suitable work is due, in whole or in part, to the industrial injury or limitations resulting from the injury. The administrative law judge shall consider all such evidence in determining whether and to what extent the injured employee has sustained any loss or additional loss of earning capacity.

H. Any single injury or disability that is listed in subsection B of this section and that is not converted into an injury or disability compensated under subsection C of this section by operation of this section shall be treated as scheduled under subsection B of this section regardless of its actual effect on the injured employee's earning capacity.
A.R.S. § 23-703 — Arizona Code / Title 23 / Chapter 4 / Article 4 / Section 703
23-703 Accounts comprising unemployment compensation fund; deposits; refunds; commingling funds prohibited
Status: in_force

23-703. Accounts comprising unemployment compensation fund; deposits; refunds; commingling funds prohibited

A. Within the unemployment compensation fund, there are three separate accounts known as a clearing account, an unemployment trust fund account and a benefit account. All monies payable to the unemployment compensation fund, upon receipt thereof by the department or its agent, shall be immediately deposited in the clearing account. Refunds payable pursuant to the provisions of this chapter may be paid from the clearing account or the benefit account upon warrants under the direction of the department. After clearance thereof all other monies in the clearing account shall be immediately deposited with the secretary of the treasury of the United States to the credit of the account of this state in the unemployment trust fund, established and maintained pursuant to section 1104 of the social security act, any provisions of law in this state relating to deposit, administration, release or disbursement of monies in the possession or custody of this state to the contrary notwithstanding.

B. Except as otherwise provided in this chapter, monies in the clearing and benefit accounts may be deposited by the treasurer, under the direction of the department, in any bank or public depository in which general funds of the state may be deposited, but no public deposit insurance charge or premium shall be paid from the fund. Monies in the clearing and benefit accounts shall not be commingled with other state funds, but shall be maintained in separate accounts on the books of the depository.
A.R.S. § 23-702 — Arizona Code / Title 23 / Chapter 4 / Article 4 / Section 702
23-702 Custody of unemployment compensation fund
Status: in_force

23-702. Custody of unemployment compensation fund

The state treasurer shall be ex officio the treasurer and custodian of the unemployment compensation fund. He shall administer the fund in accordance with the provisions of this chapter and the direction of the commission, and shall pay all warrants drawn thereon in accordance with such regulations as the commission prescribes. Monies in the fund shall be secured by the depository to the same extent and in the same manner as required by the general depository law of the state.
A.R.S. § 23-1325 — Arizona Code / Title 23 / Chapter 8 / Article 2 / Section 1325
23-1325 Defamation; damages
Status: in_force

23-1325. Defamation; damages

A. A person commits defamation of an employer by doing all of the following:

1. Maliciously making a false statement about the employer to a third party without privilege.

2. Knowingly, recklessly or negligently disregarding the falsity of the statement.

3. Causing damage to the employer by the false statement.

B. An employer against whom defamation is directed or who is injured by defamation may obtain injunctive relief from the defamation.  A person who commits the defamation is liable to any person injured by the defamation for damages, prejudgment interest, attorney fees, the costs of litigation and punitive damages. The damages may include lost sales and business, lost profits and loss in value of the business.

C. A labor union or a subdivision or local chapter of a labor organization is bound by and liable for the acts of its agents and may sue or be sued in its common name.
A.R.S. § 23-615 — Arizona Code / Title 23 / Chapter 4 / Article 1 / Section 615
23-615 Employment; definition
Status: in_force

23-615. Employment; definition

A. "Employment" means any service of whatever nature performed by an employee for the person employing the employee, including service in interstate commerce, and includes:

1. An individual's entire service performed within or both within and outside this state if:

(a) The service is localized in this state.

(b) The service is not localized in any state but some of the service is performed in this state and either:

(i) The individual's base of operations, or, if there is no base of operations, then the place from which the service is directed or controlled is located in this state.

(ii) The individual's base of operations or place from which the service is directed or controlled is not located in any state in which some part of the service is performed but the individual's residence is in this state. Service is deemed localized within a state if the service is performed entirely within that state, or the service is performed both within and without that state but the service performed without the state is temporary or transitory in nature or consists of isolated transactions, and is incidental to the individual's service within the state.

2. Services covered by an election pursuant to section 23-725.

3. Services covered by an arrangement pursuant to section 23-644, between the department and the agency charged with the administration of any other state or federal unemployment compensation law pursuant to which all services performed by an individual for an employing unit are deemed to be performed entirely within this state shall be deemed to be employment if the department has approved an election of the employing unit for which the services are performed, pursuant to which the entire service of the individual during the period covered by the election is deemed to be insured work.

4. Service performed by any officer of a corporation.

5. Service performed after December 31, 1971, outside the United States, except in Canada, by an individual who is a citizen of the United States in the employ of an American employer, other than service that is deemed employment under paragraph 1 of this subsection or the parallel provisions of another state's law if either:

(a) The employer's principal place of business in the United States is located in this state.

(b) The employer has no place of business in the United States, but:

(i) The employer is an individual who is a resident of this state.

(ii) The employer is a corporation that is organized under the laws of this state.

(iii) The employer is a partnership or a trust and the number of the partners or trustees who are residents of this state is greater than the number who are residents of any one other state.

(c) None of the criteria of subdivision (a) or (b) of this paragraph is met but the employer has elected coverage in this state or, the employer having failed to elect coverage in any state, the individual has filed a claim for benefits under the laws of this state.

6. Service performed after December 31, 1971, in the employ of this state or any of its instrumentalities, or in the employ of this state and one or more other states or their instrumentalities, for a hospital or institution of higher education located in this state. For purposes of this chapter, "service performed in the employ of this state for an institution of higher education" includes service performed for a community college located in this state that is or becomes integrated into the state community college system, as provided in title 15.

7. Service performed after December 31, 1971, by an individual in the employ of a religious, charitable, educational or other organization, but only if both of the following conditions are met:

(a) The service is excluded from "employment" as defined in the federal unemployment tax act solely by reason of section 3306(c)(8) of that act.

(b) The organization had at least four individuals in employment for some portion of a day in each of twenty different weeks, whether or not the weeks were consecutive, within either the current or preceding calendar year, regardless of whether the individuals were employed simultaneously.

8. Service performed after December 31, 1977, in the employ of this state, or any instrumentality, agency or board of this state, or any one or more of the foregoing and one or more other states.

9. An individual's service wherever performed within the United States or Canada if both of the following are true:

(a) The service is not covered under the unemployment compensation law of any other state or Canada.

(b) The place from which the service is directed or controlled is in this state.

10. Notwithstanding any other provisions of this chapter, service with respect to which a tax is required to be paid under any federal law imposing a tax against which credit may be taken for contributions required to be paid into a state unemployment fund or that as a condition for full tax credit against the tax imposed by the federal unemployment tax act is required to be covered under this chapter.

B. For purposes of subsection A, paragraphs 6, 7 and 8, the term "employment" does not apply to service performed for any of the following:

1. In the employ of a church or convention or association of churches, or an organization that is operated primarily for religious purposes, including educational and child care services that include religious instruction, and that is operated, supervised, controlled, or principally supported by a church or convention or association of churches.

2. By a duly ordained, commissioned or licensed minister of a church in the exercise of his ministry or by a member of a religious order in the exercise of duties required by the order.

3. In the employ of a governmental entity referred to in section 23-750, subsection A, paragraph 2, if the service is performed by an individual in the exercise of the individual's duties in any of the following:

(a) As an elected official.

(b) As a member of a legislative body or the judiciary, of this state or a political subdivision of this state.

(c) As a member of the state national guard or air national guard.

(d) As an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood or similar emergency.

(e) In a position that pursuant to the laws of this state is designated as a major nontenured policymaking or advisory position, or a policymaking or advisory position the performance of the duties of which ordinarily does not require more than eight hours per week.

4. In a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age or physical or mental deficiency or injury, or providing remunerative work for individuals who because of their impaired physical or mental capacity cannot be readily absorbed in the competitive labor market, by an individual receiving such rehabilitation or remunerative work.

5. As part of an unemployment work-relief or work-training program assisted or financed in whole or in part by any federal agency or an agency of a state or political subdivision of a state, by an individual receiving such work-relief or work-training.

6. By an inmate of a custodial or penal institution.
A.R.S. § 23-430 — Arizona Code / Title 23 / Chapter 2 / Article 10 / Section 430
23-430 Political subdivision jurisdiction
Status: in_force

23-430. Political subdivision jurisdiction

A. Nothing in this article shall prevent any county, city or other political subdivision of the state or any court from asserting jurisdiction over any occupational safety or health issue with respect to which no standard or regulation is in effect under section 23-410 or 23-414.

B. Any county, city or other political subdivision of this state which at any time desires to assume responsibility for development or enforcement of occupational safety and health standards or regulations relating to any occupational safety or health issue with respect to which a state standard or regulation has been promulgated under section 23-410 or 23-414 shall submit a plan for the development or enforcement of such standards and regulations to the commission.

C. The commission may approve any plan submitted under subsection B of this section, if such plan is as effective as the state development or enforcement program and does not conflict with the requirements of the United States department of labor under the occupational safety and health act of 1970.

D. The commission shall periodically review any development or enforcement program approved under subsection C of this section, and shall reassume all responsibility therein for the development or enforcement of occupational safety and health standards and regulations if the commission determines that the program of any such county, city or other political subdivision is not as effective as the state program.
A.R.S. § 23-724 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 724
23-724 Liability determinations; review; finality
Status: in_force

23-724. Liability determinations; review; finality

A. If the department makes a determination, which determination shall be made either on the motion of the department or on application of an employing unit, that an employing unit constitutes an employer as defined in section 23-613 or that services performed for or in connection with the business of an employing unit constitute employment as defined in section 23-615 that is not exempt under section 23-617 or that remuneration for services constitutes wages as defined in section 23-622, the determination becomes final with respect to the employing unit thirty days after written notice is served personally, by electronic transmission or by certified mail if the determination was made on the basis of section 23-613.01, or by first class mail if the determination was made by any other basis, addressed to the last known address of the employing unit, unless within such time the employing unit files a written request for reconsideration.

B. If a request for reconsideration is filed as prescribed in subsection A of this section, a reconsidered determination shall be made.  The reconsidered determination becomes final with respect to the employing unit thirty days after written notice of the reconsidered determination is served personally, by electronic transmission or by mail addressed to the last known address of the employing unit, unless within such time the employing unit files with the appeals board a written petition for hearing or review. The department may for good cause extend the period within which the written petition is to be submitted. If the reconsidered determination is appealed to the appeals board and the decision by the appeals board is that the employing unit is liable, the employing unit shall submit all required contribution and wage reports to the department within forty-five days after the decision by the appeals board.

C. On an employer's written request and the submission of pertinent information to the department, the department shall, or on its own motion may, consider whether a determination, reconsidered determination or decision that has become final should be revised.  Revision shall be granted if either:

1. There has been a substantial and material change in the facts on which the determination, reconsidered determination or decision relied.

2. There has been a change in the law or interpretation of the law that warrants a revised determination, reconsidered determination or decision.

D. The effective date of a revision under subsection C of this section is either:

1. The date on which the change occurred if the employer's request with the pertinent information is filed not later than the last day of the month immediately subsequent to the calendar quarter in which the change occurred.

2. The first day of the calendar quarter in which the employer files the request and submits the pertinent information unless the employer demonstrates to the satisfaction of the department that good cause exists for the failure to notify the department within the period prescribed by paragraph 1 of this subsection of the occurrence of the change warranting the revision. In the event that good cause is demonstrated, the effective date is the date of the change.

E. A refusal to grant relief under subsection C of this section may not be appealed unless within thirty days the employer appeals the refusal to the appeals board. The employer's appeal shall be filed either electronically or in writing.  Notwithstanding any other provision of law and pursuant to the appeal, the appeals board may initiate hearings to obtain information and issue a decision as to whether the relief requested in subsection C of this section should be granted. Thereafter, the appeals board shall issue a decision in the matter. The decision of the appeals board may not be appealed with respect to the employing unit unless a request for judicial review is filed within the time and in the manner provided in section 41-1993.

F. The determination of the department or decision of the appeals board, together with the record, shall be admissible in any subsequent judicial proceeding involving liability for contributions. A determination or decision that an employing unit is liable that has become final shall be conclusive and binding on the employing unit and shall not be reconsidered in proceedings brought before the department or a hearing officer.

G. Any determination issued on the basis of section 23-613.01 pursuant to subsection A of this section and any reconsidered determination issued pursuant to subsection B of this section and any contribution rate redetermination or denial issued pursuant to section 23-732, subsection A shall contain the following:

1. The facts considered and the facts relied on in making the determination.

2. The specific statutes, regulations or other authority relied on in making the determination.

3. The reasoning applied in making the determination.

4. The appeal rights related to the determination and the time period after which the determination becomes final.

H. If any determination covered by subsection G of this section is defective because the determination fails to meet the requirements of subsection G of this section, the defect may be cured by issuance of a corrected, amended or new determination. If a defect is alleged and specified in writing within the period for appeal, all time periods applicable to the determination are suspended pending the curative action.

I. This section does not preclude the department from at any time correcting clerical errors that have occurred in the administration of this chapter.

J. A determination, reconsidered determination, revision or refusal to grant relief under this section may be served by electronic means if the party being served consents in writing to service by electronic means. Service by electronic means is deemed complete on transmission.
A.R.S. § 23-643 — Arizona Code / Title 23 / Chapter 4 / Article 2 / Section 643
23-643 Extensions of time; regulations
Status: in_force

23-643. Extensions of time; regulations

A. Whenever in this chapter a period of time is specified for submitting any payment, appeal, application, request, notice, objection, petition, report or other information or document, the department may extend such period of time if the party establishes to the satisfaction of the department that the failure to make a timely submission was due to the delay or other action of the United States postal service or its successor.

B. The department shall adopt and may amend, modify or repeal regulations governing the extension of time authorized by this section.
A.R.S. § 23-642 — Arizona Code / Title 23 / Chapter 4 / Article 2 / Section 642
23-642 Compromise of claims for contributions
Status: in_force

23-642. Compromise of claims for contributions

The department may compromise a claim for contributions or payments in lieu of contributions more than two years in arrears, or an action in relation thereto. When a compromise is made, there shall be placed in the files thereof a statement of the amount of contributions or payments in lieu of contributions due, the amount assessed, the amount of additional contributions, penalty and interest imposed by law in consequence of the neglect or delinquency of the employer in question and the amount actually paid in accordance with the terms of the compromise.
A.R.S. § 23-1022 — Arizona Code / Title 23 / Chapter 6 / Article 7 / Section 1022
23-1022 Compensation as exclusive remedy for employees; definition; exceptions; public agency employees
Status: in_force

23-1022. Compensation as exclusive remedy for employees; definition; exceptions; public agency employees

A. The right to recover compensation pursuant to this chapter for injuries sustained by an employee or for the death of an employee is the exclusive remedy against the employer or any co-employee acting in the scope of his employment, and against the employer's workers' compensation insurance carrier or administrative service representative, except as provided by section 23-906, and except that if the injury is caused by the employer's wilful misconduct, or in the case of a co-employee by the co-employee's wilful misconduct, and the act causing the injury is the personal act of the employer, or in the case of a co-employee the personal act of the co-employee, or if the employer is a partnership, on the part of a partner, or if a corporation, on the part of an elective officer of the corporation, and the act indicates a wilful disregard of the life, limb or bodily safety of employees, the injured employee may either claim compensation or maintain an action at law for damages against the person or entity alleged to have engaged in the wilful misconduct.

B. "Wilful misconduct" as used in this section means an act done knowingly and purposely with the direct object of injuring another.

C. This section does not apply to an action for medical malpractice against any employee of a hospital maintained by the employer pursuant to section 23-1070. Any suit allowed by this subsection is subject to the lien rights provided by section 23-1023.

D. An employee of a public agency, as defined in section 11-951, who works under the jurisdiction or control of or within the jurisdictional boundaries of another public agency pursuant to a specific intergovernmental agreement or contract entered into between the public agencies as provided in section 11-952 is deemed to be an employee of both public agencies for the purposes of this section. The primary employer shall be solely liable for the payment of workers' compensation benefits for the purposes of this section.

E. Every public agency as defined in section 11-951 for which an intergovernmental agreement or contract is in effect shall post a notice pursuant to the provisions of section 23-906, in substantially the following form:

"All employees are hereby further notified that they may be required to work under the jurisdiction or control of or within the jurisdictional boundaries of another public agency pursuant to an intergovernmental agreement or contract, and under such circumstances they are deemed by the laws of Arizona to be employees of both public agencies for the purposes of workers' compensation."
A.R.S. § 23-379 — Arizona Code / Title 23 / Chapter 2 / Article 8.1 / Section 379
23-379 Other legal requirements
Status: in_force

23-379. Other legal requirements

(Caution:  1998 Prop. 105 applies)

A. Nothing in this article shall be interpreted or applied so as to create a conflict with federal law.

B. This article provides minimum requirements pertaining to earned paid sick time and shall not be construed to preempt, limit, or otherwise affect the applicability of any other law, regulation, requirement, policy, or standard that provides for greater accrual or use by employees of earned paid sick time or that extends other protections to employees.
A.R.S. § 23-727 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 727
23-727 Credits and charges to employer accounts
Status: in_force

23-727. Credits and charges to employer accounts

A. The commission shall maintain a separate account for each employer and shall credit the account with all contributions and payments in lieu of contributions paid by the employer and shall charge the account with all benefits chargeable to it.

B. Nothing in this chapter shall be construed to grant any employer or individuals in its service prior claims or rights to the amounts paid by the employer into the fund.

C. Except as otherwise provided in subsections D, E, F, G, I and J of this section and sections 23-773 and 23-777, benefits paid to an individual shall be charged against the accounts of the individual's base-period employers. The amount of benefits so chargeable against each base-period employer's account shall bear the same ratio to the total benefits paid to an individual as the base-period wages paid to the individual by the employer bear to the total amount of base-period wages paid to the individual by all the individual's base-period employers.

D. Benefits paid to an individual whose separation from work with any employer occurs under conditions found by the commission to be within those prescribed by section 23-775, paragraph 1 or 2 or for compelling personal reasons not attributable to the employer and not warranting disqualification for benefits shall not be used as a factor in determining the future contribution rate of the employer from whose employment the individual so separated, but the employer shall establish the condition of such separation to the satisfaction of the commission by submitting information the commission requires within ten days after the date of notification or mailing of notice by the commission that the individual has first filed a claim for benefits.

E. Benefits paid to an individual who, during the individual's base period, earned wages for part-time employment with an employer shall not be used as a factor in determining the future contribution rate of that employer if the employer continues to give employment opportunities to the individual to the same extent while the individual is receiving benefits as during the base period and the employer submits information the commission may require within ten working days after the date of notification or mailing of notice by the commission that the individual has first filed a claim for benefits.  The commission has the burden of proof to establish that the employer failed to give employment opportunities to the individual to the same extent as during the base period.

F. Benefits paid to an individual whose employment was terminated by retirement pursuant to a nongovernmental retirement or lump sum retirement pay plan under which the age of mandatory retirement has been agreed on between the employer and its employees or by the bargaining agent representing such employees shall not be used as a factor in determining the future contribution rate of that employer but the employer shall establish that fact by submitting information the commission may require within ten days after the date of notification or mailing of notice by the commission that the individual has first filed a claim for benefits.

G. Benefits paid pursuant to section 23-771, subsections B and D shall not be used as a factor in determining the future contribution rate of the affected base-period employers.

H. A determination that benefits paid shall be used in determining future contribution rates of the employer may be appealed by the employer in the same manner provided for appeals of benefit determinations.

I. Benefits paid to an individual whose employment was terminated because the individual's employer was called to active duty in the military shall not be used as a factor in determining the future contribution rate of the employer from whose employment the individual was terminated.

J. Benefits paid to an individual whose employment was terminated because a former employee of the employer returned to work for the employer after being called to active duty in the military shall not be used as a factor in determining the future contribution rate of the employer from whose employment the individual was terminated.

K. The commission shall not relieve an employer's account of charges relating to an erroneous benefit payment if the commission determines both of the following:

1. The erroneous benefit payment was made because the employer or an agent of the employer failed to timely or adequately respond to a written request from the commission for information relating to a claim for unemployment compensation.

2. The employer or the employer's agent has established a pattern of failing to timely or adequately respond to requests.

L. For the purposes of subsection K of this section:

1. "Erroneous benefit payment" means a payment that would not have been made but for the failure of the employer or the employer's agent to make a timely or adequate response as described in subsection K, paragraph 1 of this section in regard to the claim for unemployment compensation.

2. "Pattern of failing" means the repeated documented failure of an employer or employer's agent to make timely and adequate responses as described in subsection K, paragraph 1 of this section with consideration of the number of instances of failure in relation to the total number of requests. Pattern of failing shall be determined by reviewing the most immediate twelve month prior period.  A pattern shall be established if the employer or the agent representing the employer has five or more failures or failures in more than five per cent of the number of requests, whichever is greater.  When an agent is representing the employer, the five or more failures or failures in more than five per cent of the number of requests shall be specific to the individual employer's account.
A.R.S. § 23-631 — Arizona Code / Title 23 / Chapter 4 / Article 1.1 / Section 631
23-631 Rate of insured unemployment; definition
Status: in_force

23-631. Rate of insured unemployment; definition

"Rate of insured unemployment" for purposes of section 23-630 means the percentage derived by dividing:

1. The average weekly number of individuals filing claims for regular benefits in this state for weeks of unemployment with respect to the most recent thirteen-consecutive-week period determined on the basis of reports submitted by the department to the United States secretary of labor, by

2. The average monthly employment covered under this chapter for the first four of the most recent six completed calendar quarters ending before the end of such thirteen-week period.
A.R.S. § 23-721 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 721
23-721 Work records kept by employing unit; inspection by commission
Status: in_force

23-721. Work records kept by employing unit; inspection by commission

Each employing unit shall keep true and accurate work records for such periods of time and containing such information as the commission prescribes. Such records shall be open to inspection and may be copied by the commission or its authorized representatives at any reasonable time and as often as necessary.
A.R.S. § 23-421 — Arizona Code / Title 23 / Chapter 2 / Article 10 / Section 421
23-421 Decisions of the administrative law judge; definition
Status: in_force

23-421. Decisions of the administrative law judge; definition

A. On the conclusion of any hearing, or before the conclusion of any hearing with concurrence of the parties, the administrative law judge shall promptly and not later than thirty days after the matter is submitted for decision decide the matter in accordance with the administrative law judge's determination. The administrative law judge may affirm, reverse or modify the disputed action and any penalty.

B. The decision shall be filed with the commission. A copy of the decision shall be sent immediately by mail or e-mail to all parties in interest.

C. The decision is final unless within fifteen days after the date on which a copy of the decision is mailed or e-mailed to the parties one of the parties requests a review under section 23-423. The request for review shall be filed within fifteen days from the date of mailing or e-mailing of the decision. For the purposes of this section, "filed" means deposited in the United States mail, postage prepaid or actually received at an office of the industrial commission. The decision shall contain a statement explaining these rights and the rights of the parties under section 23-423.
A.R.S. § 23-491.07 — Arizona Code / Title 23 / Chapter 2 / Article 12 / Section 491.07
23-491.07 Certificate of inspection
Status: in_force

23-491.07. Certificate of inspection

No conveyance shall be operated in this state without an annual certificate of inspection issued by the division. The division shall issue such certificate of inspection if, after inspection, the conveyance is found to comply with the standards and regulations adopted pursuant to this article.
A.R.S. § 23-1065 — Arizona Code / Title 23 / Chapter 6 / Article 9 / Section 1065
23-1065 Special fund; purposes; investment committee
Status: reserved

23-1065. Special fund; purposes; investment committee

A. The industrial commission may direct the payment into the state treasury of not to exceed one percent of all premiums received by private insurance carriers during the immediately preceding calendar year. The same percentage shall be assessed against self-insurers based on the total cost to the self-insured employer as provided in section 23-961, subsection G. Such assessments shall be computed on the same premium basis as provided for in section 23-961, subsections G, H, J, K and L and shall be no more than is necessary to keep the special fund actuarially sound. Such payments shall be placed in a special fund within the administrative fund to provide, at the discretion of the commission, such additional awards as may be necessary to enable injured employees to accept the benefits of any law of this state or of the United States, or both jointly, for promotion of vocational rehabilitation of persons with disabilities in industry.

B. In claims involving an employee who has a preexisting industrially-related permanent physical impairment of the type specified in section 23-1044, subsection B and who thereafter suffers an additional permanent physical impairment of the type specified in such subsection, the claim involving the subsequent impairment is eligible for reimbursement, as provided by subsection D of this section, according to the following:

1. The employer in whose employ the subsequent impairment occurred or its insurance carrier is solely responsible for all temporary disability compensation to which the employee is entitled and for an amount equal to the permanent disability compensation provided by section 23-1044, subsection B for the subsequent impairment. If the employee is determined to have sustained no loss of earning capacity after the medically stationary date, the employer or carrier shall pay him as a vocational rehabilitation bonus the amount calculated under this paragraph as a lump sum, which shall be a credit against any permanent compensation benefits awarded in any subsequent proceeding. The amount of the vocational rehabilitation bonus for which the employer or carrier is responsible under this paragraph shall be calculated solely on physical, medically rated permanent impairment and not on occupational or other factors.

2. If the commission determines that the employee is entitled to compensation for loss of earning capacity under section 23-1044, subsection C or permanent total disability under section 23-1045, subsection B, the total amount of permanent benefits for which the employer or carrier is solely responsible under paragraph 1 of this subsection shall be expended first, with monthly payments made according to the loss of earning capacity or permanent total disability award. The employer or carrier and the special fund are equally responsible for the remaining amount of compensation for loss of earning capacity under section 23-1044, subsection C or permanent total disability under section 23-1045, subsection B.  This paragraph shall not be construed as requiring payment of any benefits under section 23-1044, subsection B in any case in which an employee is entitled to benefits for loss of earning capacity under section 23-1044, subsection C or permanent total disability benefits under section 23-1045, subsection B.

C. In claims involving an employee who has a preexisting physical impairment that is not industrially-related and, whether congenital or due to injury or disease, is of such seriousness as to constitute a hindrance or obstacle to employment or to obtaining reemployment if the employee becomes unemployed, and the impairment equals or exceeds a ten percent permanent impairment evaluated in accordance with the American medical association guides to the evaluation of permanent impairment, and the employee thereafter suffers an additional permanent impairment not of the type specified in section 23-1044, subsection B, the claim involving the subsequent impairment is eligible for reimbursement, as provided by subsection D of this section, under the following conditions:

1. The employer in whose employ the subsequent impairment occurred or its carrier is solely responsible for all temporary disability compensation to which the employee is entitled.

2. The employer had knowledge of the permanent impairment at the time the employee was hired, or that the employee continued in employment after the employer acquired such knowledge.

3. The employee's preexisting impairment is due to one or more of the following:

(a) Epilepsy.

(b) Diabetes.

(c) Cardiac disease.

(d) Arthritis.

(e) Amputated foot, leg, arm or hand.

(f) Loss of sight of one or both eyes or a partial loss of uncorrected vision of more than seventy-five percent bilaterally.

(g) Residual disability from poliomyelitis.

(h) Cerebral palsy.

(i) Multiple sclerosis.

(j) Parkinson's disease.

(k) Cerebral vascular accident.

(l) Tuberculosis.

(m) Silicosis.

(n) Psychoneurotic disability following treatment in a recognized medical or mental institution.

(o) Hemophilia.

(p) Chronic osteomyelitis.

(q) Hyperinsulinism.

(r) Muscular dystrophies.

(s) Arteriosclerosis.

(t) Thrombophlebitis.

(u) Varicose veins.

(v) Heavy metal poisoning.

(w) Ionizing radiation injury.

(x) Compressed air sequelae.

(y) Ruptured intervertebral disk.

4. The employer or carrier and the special fund are equally responsible for the amount of compensation for loss of earning capacity under section 23-1044, subsection C or permanent total disability under section 23-1045, subsection B.

D. The employer or insurance carrier shall notify the commission of its intent to claim reimbursement for an eligible claim under subsection B or C of this section not later than the time the employer or insurance carrier notifies the commission pursuant to section 23-1047, subsection A. Upon receiving notice the commission may expend funds from the special fund created by this section for travel and discovery procedures and for the employment of such independent legal, medical, rehabilitation, claims or labor market consultants or experts as may be deemed necessary by the commission to assist in the determination of the liability of the special fund, if any, under subsection B or C of this section. In the event there is any dispute regarding liability to the special fund pursuant to subsection B or C of this section, the commission shall not delay the issuance of a permanent award pursuant to section 23-1047, subsection B.

E. If the special fund created by this section is determined to be liable under either subsection B or C of this section, the employer or insurance carrier that is primarily liable shall pay the entire amount of the award to the injured employee and the commission shall by rule provide for the reimbursement of the employer or insurance carrier on an annual basis.  In any case arising out of subsection B or C of this section, the written approval of the special fund is required for the compromise of any claim made pursuant to section 23-1023. In any such case, written approval shall not be unreasonably withheld by the special fund, carrier, self-insured employer or other person responsible for the payment of compensation.  Failure to obtain the written approval of the special fund shall not cause the injured worker to lose any benefits but ends the special fund's liability for reimbursement and makes the employer or carrier solely responsible for the payment of the remaining benefits.

F. The employer or insurance carrier shall make its claim for reimbursement to the commission not later than November 1 each year, for payments made pursuant to subsection B or C of this section during the twelve months before October 1 each year. Claims shall be paid before December 31 each year. If the total annual reserved liabilities of the special fund obligated under subsections B and C of this section exceed six million dollars, as determined by the annual actuarial study performed pursuant to subsection I of this section, the commission, after notice and a hearing, may levy an additional assessment under subsection A of this section of up to one-half percent to meet such liabilities. Any insurance carrier or employer who may be adversely affected by the additional assessment may at any time before the sixtieth day after such additional assessment is ordered file a complaint challenging the validity of the additional assessment in the superior court in Maricopa county for a judicial review of the additional assessment. On judicial review the determination of the commission shall be upheld if supported by substantial evidence in the record considered as a whole.

G. In the event the injured employee is awarded additional compensation, under subsection A of this section, the commission retains jurisdiction to amend, alter or change the award upon a change in the physical condition of the injured employee resulting from the injury.

H. On receiving notice that the special fund may be liable under this chapter, the commission may spend monies from the special fund established by this section for expenses that are necessary to assist in the processing, payment or determination of liability of the fund. These expenses may include travel, discovery procedures and employing any legal, medical, rehabilitation, claims or labor market consultant, examiner or expert.

I. The commission shall cause an annual actuarial study of the special award fund to be made by a qualified actuary who is a member of the society of actuaries. The actuary shall make specific recommendations for maintaining the fund on a sound actuarial basis.  The actuarial study shall be completed on or before September 1.

J. The special fund of the commission consists of all monies from premiums and assessments, except penalties assessed pursuant to this chapter, received and paid into the fund, property and securities acquired by the use of monies in the fund, interest earned on monies in the fund and other monies derived from the sale, use or lease of properties belonging to the fund. The special fund created by this section shall be administered by the director of the industrial commission, subject to the authority of the industrial commission.  The director of the commission with approval of the investment committee, in the administration of the special fund, may provide loans, subject to repayment, budgetary review and legislative appropriation, to the administrative fund for the purposes and subject to section 23-1081, acquire real property and acquire or construct a building or other improvements on the real property as may be necessary to house, contain, furnish, equip and maintain offices and space for departmental and operational facilities of the commission. The commission when using space constructed pursuant to this section shall make equal payments of rent on a semiannual basis, which shall be deposited in the special fund. The investment committee shall determine the amount of the rent, which must be at least equal to or greater than that determined by the joint committee on capital review for buildings of similar design and construction as provided by section 41-792.01.

K. There is established an investment committee consisting of the director and the chairman of the commission and three persons knowledgeable in investments and economics appointed by the governor. Of the members appointed by the governor, one shall be a professional in the investment business, one shall represent workers' compensation insurers and one shall represent self-insurers. The term of members appointed by the governor is three years, which shall begin on July 1 and end on June 30 three years later. The committee shall prescribe by rule investment policies and supervise the investment activities of the special fund.

L. Each member of the investment committee, other than the director of the commission, is eligible to receive from the special fund:

1. Compensation of fifty dollars for each day while in actual attendance at meetings of the investment committee.

2. Reimbursement for expenses pursuant to title 38, chapter 4, article 2.

M. The investment committee shall meet at least once every month.

N. The investment committee shall periodically review and assess the investment strategy.

O. The investment committee, by resolution, may invest and reinvest the surplus or reserves in the funds established under this chapter in any legal investments authorized under section 38-718.

P. In addition to the investments authorized under section 38-718, the investment committee may approve the investment in real property and improvements on real property to house and maintain offices of the commission, including spaces for its departmental and operational facilities.  Title to the real estate and improvements on the real estate vests in the special fund of the commission, and the assets become part of the fund as provided by this section.

Q. The investment committee may appoint a custodian for the safekeeping of all or any portion of the investments owned by the special fund of the commission and may register stocks, bonds and other investments in the name of a nominee.  Except for investments held by a custodian or in the name of a nominee, all securities purchased pursuant to subsection O of this section shall promptly be deposited with the state treasurer as custodian thereof, who shall collect the dividends, interest and principal thereof, and pay, when collected, into the special fund. The state treasurer shall pay all vouchers drawn for the purchase of securities. The director may sell any of the securities as the director deems appropriate, if authorized by resolution of the investment committee, and the proceeds therefrom shall be payable to the state treasurer for the account of the special fund upon delivery of the securities to the purchaser or the purchaser's agent.
A.R.S. § 23-944 — Arizona Code / Title 23 / Chapter 6 / Article 3 / Section 944
23-944 Effective date of orders; time for compliance; effect of orders
Status: in_force

23-944. Effective date of orders; time for compliance; effect of orders

A. General orders of the commission shall take effect within thirty days after publication. Special orders shall take effect as therein directed.

B. The commission shall, upon application of any employer, grant such time as reasonably necessary for compliance with an order. A person may petition the commission for an extension of time to comply with an order, which the commission shall grant if it finds the extension necessary.

C. All orders of the commission in conformity with law shall be valid and in force and prima facie reasonable and lawful until found otherwise in an action brought for that purpose pursuant to the provisions of this chapter or until altered or revoked by the commission.

D. A substantial compliance with the requirements of this chapter shall be sufficient to give effect to the orders of the commission, and they shall not be declared inoperative, illegal or void for an omission of a technical nature.
A.R.S. § 23-1104 — Arizona Code / Title 23 / Chapter 6 / Article 12 / Section 1104
23-1104 Report procedures and deadlines
Status: in_force

23-1104. Report procedures and deadlines

A report must be submitted to the joint legislative audit committee on or before September 1 before the start of the legislative session for which the legislation is proposed.  The joint legislative audit committee shall assign the written report to the appropriate legislative committee of reference established pursuant to section 41-2954. The legislative committee of reference shall hold at least one hearing and take public testimony after receiving the report.  The legislative committee of reference shall study the written report and deliver a report of its recommendations to the joint legislative audit committee, the speaker of the house of representatives, the president of the senate, the governor and the commission on or before December 1 of the year in which the report is submitted.
A.R.S. § 23-709 — Arizona Code / Title 23 / Chapter 4 / Article 4 / Section 709
23-709 Employment service account
Status: in_force

23-709. Employment service account

A special "employment service account" shall be maintained as a part of the employment security administration fund for the purpose of maintaining the public employment offices established pursuant to section 23-648, and for the purpose of cooperating with the United States employment service. The employment service account shall consist of funds received from the United States government for the purpose of establishing free employment offices and, in addition, there shall be paid into such account monies received from the act of Congress entitled "an act to provide for the establishment of a national employment system and for cooperation with the states of such system, and for other purposes" approved June 6, 1933, and such monies as are apportioned for the purposes of this account from monies received under title III of the social security act.
A.R.S. § 23-613 — Arizona Code / Title 23 / Chapter 4 / Article 1 / Section 613
23-613 Employer
Status: in_force

23-613. Employer

A. "Employer" means:

1. Any employing unit which, within the calendar year 1941 or within any succeeding calendar year through 1971, for some portion of a day, but not necessarily simultaneously, in each of twenty different calendar weeks, whether or not the weeks are or were consecutive, has or had in employment three or more individuals irrespective of whether the same individuals are or were employed in each day.

2. Any employing unit:

(a) That after December 31, 1971 for some portion of a day in each of twenty different calendar weeks, whether or not the weeks are or were consecutive, in either the current or the preceding calendar year, has or had in employment at least one individual irrespective of whether the same individual was in employment in each day.

(b) That after December 31, 1971 in any calendar quarter in either the current or preceding calendar year, paid for service in employment wages of one thousand five hundred dollars or more.

(c) For which service in employment, as defined in section 23-615, subsection A, paragraph 6, 7 or 8 or section 23-615.01 is performed after December 31, 1977.

For purposes of this paragraph, there shall not be taken into account any wages paid to, or employment of, an employee performing domestic services referred to in subsection C of this section. If an employing unit is determined an employer under subsection B of this section, the employing unit shall be determined an employer for the purposes of this paragraph.

3. Any individual or employing unit that acquired the organization, trade or business or substantially all the assets thereof, of another employing unit that at the time of acquisition was an employer subject to this chapter, or that acquired a part of the organization, trade or business of another employing unit that at the time of acquisition was an employer subject to this chapter provided the employing unit would have been an employer under this subsection if that part had constituted its entire organization, trade or business.

4. Any individual or employing unit that acquired the organization, trade or business, or substantially all the assets of the individual or employing unit, of another employing unit if either:

(a) The employment record of the individual or employing unit subsequent to the acquisition, together with the employment record of the acquired unit before the acquisition, both within the same calendar year, would be sufficient to constitute an employing unit an employer subject to this chapter under this section.

(b) The wages paid by the individual or employing unit subsequent to the acquisition, together with the wages paid by the acquired unit before the acquisition, both within the same calendar quarter, would be sufficient to constitute an employing unit an employer subject to this chapter under this section.

5. Any employing unit which, together with one or more other employing units, is owned or controlled by legally enforceable means or otherwise, directly or indirectly by the same interests, or that owns or controls by legally enforceable means or otherwise one or more other employing units, and that if treated as a single unit with the other employing units or interests, or both, would be an employer under this section.

6. Any employing unit that is not an employer by reason of any other paragraph of this subsection for which, within either the current or preceding calendar year, services in employment are or were performed with respect to which the employing unit is liable for any federal tax against which credit may be taken for contributions required to be paid into a state unemployment compensation fund, or which, as a condition for approval of this chapter for full tax credit against the tax imposed by the federal unemployment tax act, is required, pursuant to the act, to be an employer under this chapter.

7. Any employing unit which, having become an employer under this section has not, under section 23-725, ceased to be an employer subject to this chapter.

8. For the effective period of its election pursuant to section 23-725, any other employing unit that has elected to become subject to this chapter.

B. In the case of agricultural labor, the term "employer" means any employing unit that after December 31, 1977:

1. For some portion of a day, but not necessarily simultaneously, in each of twenty different calendar weeks, whether or not the weeks are or were consecutive, in either the current or the preceding calendar year, employed in agricultural labor at least ten individuals irrespective of whether the same individuals were employed in each day.

2. In any calendar quarter in either the current or preceding calendar year paid cash wages of twenty thousand dollars or more for agricultural labor.

C. In the case of domestic service in a private home, local college club, or local chapter of a college fraternity or sorority, the term "employer" means any employing unit, which after December 31, 1977, in any calendar quarter in either the current or preceding calendar year paid cash wages of one thousand dollars or more to individuals employed in that service. An employing unit, treated as an employer under this subsection shall not be treated as an employer with respect to wages paid for any other service unless the employing unit is treated as an employer under subsection A or B of this section with respect to the other service.

D. For purposes of this section, if any week includes both December 31 and January 1, the days up to January 1 shall be deemed one calendar week and the days beginning January 1 another week.
A.R.S. § 23-1602 — Arizona Code / Title 23 / Chapter 10 / Article 1 / Section 1602
23-1602 Determination of employment relationship; prohibition
Status: in_force

23-1602. Determination of employment relationship; prohibition

Except for the enforcement of chapter 2, article 10 of this title, any supervision or control exercised by an employing unit to comply with any statute, rule or code adopted by the federal government, this state or a political subdivision of this state or any requirement of licensing, professional or ethical standards may not be considered for the purposes of determining the independent contractor or employment status of any relationship or individual for the purposes of this title.  This section does not otherwise affect any investigatory or enforcement authority related to the determination of the independent contractor or employment status of any relationship as provided by this title or federal law.
A.R.S. § 23-755 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 755
23-755 Property exempt from levy
Status: in_force

23-755. Property exempt from levy

A. The following property is exempt from levy under this article:

1. Wearing apparel and school books necessary for the debtor or members of the debtor's family.

2. Fuel, provisions, furniture, personal effects, arms for personal use, livestock and poultry of the debtor not in excess of a fair market value of five hundred dollars.

3. Books and tools necessary for the trade, business or profession of the debtor not in excess of a fair market value of two hundred fifty dollars.

4. Mail, addressed to any person, which has not been delivered to the addressee.

5. The amount of salary, wages or other income as is necessary to comply with a judgment order, if the debtor is required by judgment of a court of competent jurisdiction, entered before the date of levy, to contribute to the support of minor children.

6. An amount payable to or received by an individual as wages or salary for personal services or as income derived from other sources during any period, to the extent that the total of the amounts payable to or received during the period does not exceed the applicable exempt amount determined under subsection D of this section.

7. A homestead exempt from attachment, execution and forced sale to the extent exempted by title 33, chapter 8.

B. The officer seizing property of the type described in subsection A of this section shall appraise and set aside to the owner the amount of the property declared to be exempt. If the debtor objects at the time of the seizure to the valuation fixed by the officer making the seizure, the department shall summon three disinterested individuals who shall make the valuation.

C. Notwithstanding any other statute, property or rights to property are not exempt from the levy provided in this article except the property specifically made exempt by subsection A of this section.

D. The following wages, salary and other income payable to or received by an individual are exempt from levy under subsection A, paragraph 6 of this section:

1. In the case of an individual who is paid or receives all of his wages, salary and other income on a weekly basis, the amount of wages, salary and other income received during the week which is exempt from levy is fifty dollars and fifteen dollars for each individual who is specified in a written statement submitted to the person on whom notice of levy is served and which is verified in such manner as the department prescribes and:

(a) Over one-half of whose support for the payroll period was received from the debtor.

(b) Who is the spouse of the debtor, or who bears a relationship to the debtor specified in section 43-1001, paragraph 3.

(c) Who is a minor child of the debtor but not with respect to whom amounts are exempt from levy under subsection A, paragraph 5 of this section for the payroll period.

2. In the case of an individual not described in paragraph 1 of this subsection, the amount of the wages, salary and other income payable to or received during any applicable pay period or other fiscal period, as determined by the department, which is exempt from levy under subsection A, paragraph 6 of this section is an amount, determined by the department, which as nearly as possible will result in the same total exemption from levy for the individual over a period of time as allowed under paragraph 1 of this subsection if, during the period of time, the wages, salary and other income were paid or received on a regular weekly basis.
A.R.S. § 23-908 — Arizona Code / Title 23 / Chapter 6 / Article 1 / Section 908
23-908 Injury reports by employer and physician; schedule of fees; notification; public meeting; violation; classification
Status: in_force

23-908. Injury reports by employer and physician; schedule of fees; notification; public meeting; violation; classification

A. Every employer that is affected by this chapter, and every physician who attends an injured employee of that employer, shall file with the commission and the employer's insurance carrier from time to time a full and complete report of every known injury to the employee arising out of or in the course of employment and resulting in loss of life or injury requiring medical treatment. The report shall be furnished to the commission and the insurance carrier at times and in the form and detail the commission prescribes, and the report shall make special answers to all questions required by the commission under its rules. For the purposes of this subsection, medical treatment does not include any onetime, short-term treatment by nonmedical staff that requires little technology or training to administer, including treatment of minor scratches, cuts, burns and splinters and other issues that ordinarily do not require medical care.

B. The commission shall fix a schedule of fees to be charged by physicians, physical therapists or occupational therapists or by providers of health care, dental care and supplies for injured employees and, subject to subsection C of this section, for prescription medicines required to treat an injured employee under this chapter.  Contracts that are necessary to develop and publish a fee schedule related to dental care are exempt from the requirements of title 41, chapter 23.  Notwithstanding subsection C of this section, the schedule of fees may include other reimbursement guidelines for medications dispensed in settings that are not accessible to the general public. The commission shall annually review the schedule of fees. For the purposes of this subsection, settings that are not accessible to the general public do not include mail order pharmacies delivering pharmaceutical services to workers' compensation claimants, if both of the following apply:

1. The pharmacy does not limit or restrict access to claimants with an affiliation to a medical provider or other entity.

2. Any medical provider or other entity referring a claimant to the pharmacy does not receive or accept any rebate, refund, commission, preference or other consideration as compensation for the referral.

C. If a schedule of fees for prescription medicines adopted pursuant to subsection B of this section includes provisions regarding the use of generic equivalent drugs or interchangeable biological products, those provisions shall comply with section 32-1963.01, subsections A, B and D through L. If the commission considers the adoption of fee schedule provisions that involve specific prices, values or reimbursements for prescription drugs, the commission shall base the adoption on studies or practices that are validated and accepted in the industry, including the applicability of formulas that use average wholesale price, plus a dispensing fee, and that have been made publicly available for at least one hundred eighty days before any hearing conducted by the commission.  Before the commission takes final action on the schedule of fees pursuant to this subsection and subsection B of this section, except during a public health emergency, the commission shall:

1. Prominently post on its publicly accessible website the proposed schedule of fees at least thirty days before conducting a public hearing on that proposed schedule of fees.

2. Hold at least one meeting that all interested parties may jointly attend and interactively participate in after posting the proposed schedule of fees but before conducting the hearing on the proposed schedule of fees.

3. At least seven business days in advance, prominently post on its publicly accessible website the final proposed schedule of fees to be acted on for adoption.

D. Notwithstanding section 12-2235, information obtained by any physician or surgeon examining or treating an injured person shall not be considered a privileged communication if that information is requested by interested parties for a proper understanding of the case and a determination of the rights involved. Hospital records of an employee concerning an industrial claim shall not be considered privileged if requested by an interested party in order to determine the rights involved. Medical information from any source pertaining to conditions unrelated to the pending industrial claim shall remain privileged.

E. When an accident occurs to an employee, the employee shall forthwith report the accident and the injury resulting from the accident to the employer, and any physician employed by the injured employee shall forthwith report the accident and the injury resulting from the accident to the employer, the insurance carrier and the commission.

F. If an accident occurs to an employee, the employer may designate in writing a physician chosen by the employer, who shall be allowed by the employee, or any person in charge of the employee, to make one examination of the injured employee in order to ascertain the character and extent of the injury occasioned by the accident. The physician so chosen shall forthwith report to the employer, the insurance carrier and the commission the character and extent of the injury as the physician ascertains. If the accident is not reported by the employee or the employee's physician forthwith, as required, or if the injured employee or those in charge of the employee refuse to allow the employer's physician to make the examination, and the injured employee is a party to the refusal, no compensation shall be paid for the injury claimed to have resulted from the accident. The commission may relieve the injured person or that person's dependents from the loss or forfeiture of compensation if the commission believes after investigation that the circumstances attending the failure on the part of the employee or physician to report the accident and injury are such as to have excused them.

G. Within ten days after receiving notice of an accident, the employer shall inform the insurance carrier and the commission on the forms and in the manner as prescribed by the commission.

H. Immediately on notice to the employer of an accident resulting in an injury to an employee, the employer shall provide the employee with the name and address of the employer's insurance carrier, the policy number and the expiration date.

I. The commission shall publish on the commission's publicly accessible website the schedule of fees as prescribed in subsections B and C of this section.  The commission is not required to publish the schedule of fees in the Arizona administrative register.

J. Any person failing or refusing to comply with this section is guilty of a petty offense.

K. Subsection B of this section does not prohibit:

1. A health care provider or pharmacy from entering into a separate contract or network that governs fees, in which case reimbursement shall be made according to the applicable contracted charge or negotiated rate.

2. An employer from directing medical, surgical or hospital care pursuant to section 23-1070.
A.R.S. § 23-405 — Arizona Code / Title 23 / Chapter 2 / Article 10 / Section 405
23-405 Duties and powers of the industrial commission relative to occupational safety and health
Status: in_force

23-405. Duties and powers of the industrial commission relative to occupational safety and health

The commission shall:

1. Administer the provisions of this article through the division of occupational safety and health.

2. Appoint the director of the division of occupational safety and health.

3. Cooperate with the federal government to establish and maintain an occupational safety and health program as effective as the federal occupational safety and health program.

4. Promulgate standards and regulations as required, pursuant to section 23-410, and promulgate such other rules and regulations as are necessary for the efficient functioning of the division.

5. Have the authority to issue reasonable temporary, experimental and permanent variances pursuant to sections 23-411 and 23-412.

6. Exercise such other powers as are necessary to carry out the duties and requirements of this article.
A.R.S. § 23-1431 — Arizona Code / Title 23 / Chapter 8 / Article 8 / Section 1431
23-1431 Public employers; public monies; contracts; union activities; standing; state preemption; definitions
Status: in_force

23-1431. Public employers; public monies; contracts; union activities; standing; state preemption; definitions

A. A public employer may not spend public monies for union activities.

B. A public employer may not enter into an employment contract with a public employee to engage in union activities or provide paid leave or any form of compensation for the purposes of engaging in union activities. An employment contract that violates this section is against public policy and is void and unenforceable.

C. Any person who is a resident of this state and the attorney general have standing in any court of record to bring suit against any public employer of this state to remedy any violation of this section. If a court finds that a public employer has violated this section, the court shall award reasonable attorney fees and costs to the party who brought the action.

D. This section does not apply to any existing employment contract that is in effect before September 24, 2022. Any existing employment contract that is in effect before September 24, 2022 and that conflicts with this section may not be renewed or extended.

E. The regulation of the use of public monies and public employees for union activities is a matter of statewide concern and is necessary to enforce the constitution of Arizona.  The prohibition against using public monies for union activities is not subject to inconsistent regulation by any public employer. The regulation of the use of public monies and public employees for union activities pursuant to this article is not subject to further regulation by a county, city, town or other political subdivision of this state and preempts all inconsistent laws, rules, regulations, codes, ordinances, policies or other laws adopted by any public employer.

F. This section does not prohibit a public employee from using the employee's personal leave for union activities.

G. For the purposes of this section:

1. "Employment contract" means any formal or informal employment contract, agreement or memorandum that contains terms and conditions of employment with any public employee or group of public employees.

2. "Public employee":

(a) Means any individual who is employed by a public employer.

(b) Does not include law enforcement officers or paid firefighters.

3. "Public employer" means this state or any branch, department, division, agency or authority of this state or a city, town or other political subdivision of this state.

4. "Union" means any association or organization, incorporated or unincorporated, that is authorized to represent and bargain for public employees.

5. "Union activities" means:

(a) Political activities performed by a union that involve advocating for the election or defeat of any political candidate.

(b) Lobbying activities performed by a union that involve attempting to influence the passage or defeat of federal or state legislation, local ordinances or any ballot measure.
A.R.S. § 23-644 — Arizona Code / Title 23 / Chapter 4 / Article 2 / Section 644
23-644 Reciprocal arrangements
Status: in_force

23-644. Reciprocal arrangements

A. The department may enter into reciprocal arrangements with appropriate and duly authorized agencies of other states or of the federal government, or both, whereby:

1. Services performed by an individual for a single employing unit for which services are customarily performed in more than one state shall be deemed services performed entirely within any one of the states in which any part of the individual's service is performed, or in which the individual has his residence, or in which the employing unit maintains a place of business, provided there is in effect, as to such services, an election, approved by the agency charged with the administration of the state's unemployment compensation law, pursuant to which all services performed by the individual for such employing unit are deemed to be performed entirely within such state.

2. Potential rights to benefits accumulated under the unemployment compensation laws of one or more states or under one or more such laws of the federal government, or both, may constitute the basis for the payment of benefits through a single appropriate agency upon terms which the department finds will be fair and reasonable as to all affected interests and will not result in any substantial loss to the fund.

3. The department shall participate in any arrangements for the payment of benefits on the basis of combining an individual's wages and employment covered under this chapter with his wages and employment covered under the unemployment compensation laws of other states which are approved by the United States secretary of labor in consultation with the state unemployment compensation agencies as reasonably calculated to assure the prompt and full payment of benefits in such situations and which include provisions for applying the base period of a single state law to a claim involving the combining of an individual's wages and employment covered under two or more state unemployment compensation laws, and avoiding the duplicate use of wages and employment by reason of such combining.

4. Contributions due under this chapter with respect to wages for insured work shall for the purposes of collection of contributions be deemed to have been paid to the fund as of the date payment was made as contributions therefor under another state or federal unemployment compensation law, but no such arrangement shall be entered into unless it contains provisions for reimbursement to the fund of such contributions and the actual earnings thereon as the department finds will be fair and reasonable as to all affected interests.

B. Reimbursements paid from the fund pursuant to paragraph 3 of subsection A of this section shall be deemed benefits for the purpose of sections 23-701 through 23-704 and sections 23-779, 23-780 and 23-782. The department may make to other state or federal agencies and receive from other state or federal agencies, reimbursements from or to the fund in accordance with arrangements entered into pursuant to subsection A of this section.

C. Since the administration of this chapter and of other state and federal unemployment compensation and public employment service laws will be promoted by cooperation between this state and such other states and the appropriate federal agencies in exchanging services, and making available facilities and information, the department may make such investigations, secure and transmit such information, make available such services and facilities and exercise such of the other powers provided in this chapter with respect to the administration of this chapter as it deems necessary or appropriate to facilitate the administration of any such unemployment compensation or public employment service law, and in like manner, may accept and utilize information, services and facilities made available to this state by the agency charged with the administration of any such other unemployment compensation or public employment service law.

D. To the extent permissible under the laws and constitution of the United States, the department may enter into or cooperate in arrangements whereby facilities and services provided under this chapter and facilities and services provided under the unemployment compensation law of a foreign government may be utilized for the taking of claims and the payment of benefits under the employment security law of this state or under a similar law of such government.
A.R.S. § 23-402 — Arizona Code / Title 23 / Chapter 2 / Article 10 / Section 402
23-402 Applicability
Status: in_force

23-402. Applicability

Nothing in this article shall apply to working conditions of employees with respect to which any state agency acting under section 274(b) of the atomic energy act of 1954, as amended, or under title 27, chapter 3, Arizona Revised Statutes, exercises statutory authority to prescribe or enforce standards or regulations affecting occupational safety or health.
A.R.S. § 23-239 — Arizona Code / Title 23 / Chapter 2 / Article 3 / Section 239
23-239 Violation; classification
Status: in_force

23-239. Violation; classification

Any person who violates any provision of this article is guilty of a class 2 misdemeanor.
A.R.S. § 23-704 — Arizona Code / Title 23 / Chapter 4 / Article 4 / Section 704
23-704 Requisitions and withdrawals from accounts in unemployment compensation fund; conditions of expenditure for benefits, refunds and administration
Status: in_force

23-704. Requisitions and withdrawals from accounts in unemployment compensation fund; conditions of expenditure for benefits, refunds and administration

A. Monies requisitioned from this state's account in the unemployment trust fund shall be used exclusively for the payment of benefits and for refunds pursuant to this chapter in accordance with authorized regulations except that monies credited to this state's account in the unemployment trust fund pursuant to section 903 of the social security act, as amended, shall be used exclusively as provided in subsection E of this section. The department from time to time shall requisition from the unemployment trust fund such amounts, not exceeding the amounts standing to the state's account therein, as it deems necessary for the payment of benefits and refunds for a reasonable future period. Upon receipt thereof the treasurer shall deposit the monies in the benefit account and shall pay warrants for payment of benefits and refunds solely from the benefit account. If the department believes more efficient administration will result from such practice, it, in turn, may withdraw from the benefit account amounts it deems necessary for payment of benefits for a reasonable future period and deposit such amounts to the account of the department in a bank or public depository of its choosing and issue checks against it in payment of benefits to claimants entitled thereto under law. The monies shall be secured by the depository to the same extent and in the same manner as required by the general depository law of the state.

B. Expenditures of monies in the benefit account and refunds from the clearing account shall not be subject to any provisions of law requiring specific appropriations or other formal release by state officers of monies in their custody.

C. All claims, warrants or other instruments utilized by the department for the payment of benefits and refunds shall bear the signature of an employee designated for that purpose by the director.

D. Any balance of monies requisitioned from the unemployment trust fund which remains unclaimed or unpaid in the benefit account after expiration of the period for which the sums were requisitioned either shall be deducted from estimates for, and may be utilized for the payment of, benefits and refunds during succeeding periods, or, in the discretion of the director, shall be redeposited with the secretary of the treasury of the United States to the credit of this state's account in the unemployment trust fund established and maintained pursuant to section 904 of the social security act, as amended.

E. Monies credited to the account of this state in the unemployment trust fund by the secretary of the treasury of the United States pursuant to section 903 of the social security act, as amended, may be requisitioned and used only in accordance with the following requirements:

1. Except as provided in paragraph 2, such monies shall be used only in the payment of benefits exclusive of administrative expense.

2. Such monies may be requisitioned and used for the payment of expenses incurred for the administration of this chapter if and only if the monies are requisitioned and expenses are incurred pursuant to and after the enactment of a state appropriation law which:

(a) Specifies the purposes for which such monies are appropriated and the amounts appropriated therefor,

(b) Limits the period within which such monies may be obligated to a period ending not more than two years after the date of the enactment of the appropriation law, and

(c) Limits the amount which may be obligated during a fiscal year to an amount which does not exceed the limitations on amount as prescribed by section 903 of the social security act, as amended. For the purposes of this subsection, amounts obligated during any such fiscal year shall be charged against equivalent amounts which were first credited and which are not already so charged, in accordance with the requirements for and limitations on charging prescribed by section 903 of the social security act, as amended.

3. Monies appropriated for the payment of the expenses of administration pursuant to this subsection shall be requisitioned as needed for the payment of obligations incurred under such appropriation and, upon requisition, shall be deposited in the employment security administration fund from which such payments shall be made. The department shall maintain a separate record of the deposit, obligation, expenditure and return of funds so deposited. Monies so deposited shall, until expended, remain a part of the unemployment compensation fund and, if they will not be expended they shall be returned promptly to the secretary of the treasury for credit to this state's account in the unemployment trust fund.
A.R.S. § 23-676 — Arizona Code / Title 23 / Chapter 4 / Article 3 / Section 676
23-676 Failure to obey commission subpoena; classification
Status: in_force

23-676. Failure to obey commission subpoena; classification

Any person who without just cause knowingly fails or refuses to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda and other records, if it is in his power so to do, in obedience to a subpoena of the commission is guilty of a class 3 misdemeanor. Each day such violation continues shall be a separate offense.
A.R.S. § 23-1027 — Arizona Code / Title 23 / Chapter 6 / Article 7 / Section 1027
23-1027 Compensation precluded by neglect or refusal of employee to submit to treatment
Status: in_force

23-1027. Compensation precluded by neglect or refusal of employee to submit to treatment

No compensation shall be payable for the death or disability of an employee if his death is caused by, or insofar as his disability may be aggravated, caused or continued by an unreasonable refusal or neglect to submit to or follow any competent or reasonable surgical treatment or medical aid.
A.R.S. § 23-495.01 — Arizona Code / Title 23 / Chapter 2 / Article 16 / Section 495.01
23-495.01 Voluntary veterans' performance employment policy; private employers; eligibility
Status: in_force

23-495.01. Voluntary veterans' performance employment policy; private employers; eligibility

A. A private employer may adopt a voluntary veterans' preference employment policy.

B. The veterans' preference employment policy shall be in writing and applied uniformly to employment decisions regarding hiring, promotion or retention during a reduction in force.

C. A private employer with a veterans' preference employment policy may require that a veteran submit a DD-214 to be eligible for the preference.
A.R.S. § 23-619.01 — Arizona Code / Title 23 / Chapter 4 / Article 1 / Section 619.01
23-619.01 Misconduct connected with the employment; wilful misconduct; evaluation
Status: in_force

23-619.01. Misconduct connected with the employment; wilful misconduct; evaluation

A. "Misconduct connected with the employment" means any act or omission by an employee which constitutes a material or substantial breach of the employee's duties or obligations pursuant to the employment or contract of employment or which adversely affects a material or substantial interest of the employer.

B. "Wilful or negligent misconduct connected with the employment" includes, but under no circumstances is limited to, the following:

1. Absence from work without either notice to the employer or good cause for failing to give notice, repeated absence from work without good cause where warnings regarding repeated absence have been received from the employer, frequent absences from work without good cause, failure to return to work following an authorized leave, vacation, sick leave or other leave of absence when such failure is without permission from the employer, or repeated failure without good cause to exercise due care for punctuality or attendance in regard to the scheduled hours of work set by the employer.

2. Repeated intoxication, whether from the use of intoxicating liquor or the use of illegal drugs, on the employer's premises or when reporting to work, frequent absences caused by intoxication or the aftereffects of intoxication, or sleeping on the employer's premises during scheduled work hours or inefficiency or inability to perform the employment, due to intoxication or the aftereffects of intoxication.

3. Failure to pass, or the refusal to take, a drug test or alcohol impairment test administered by, or at the request of, the employer pursuant to title 23, chapter 2, article 14.

4. Refusal or knowing failure to perform reasonable and proper duties assigned by the employer.

5. Insubordination, disobedience, repeated and inappropriate use of abusive language, assault on another employee or repeated fighting, refusal to accept an assignment to work at certain times or to perform certain duties without good cause, refusal to follow reasonable and proper instructions given by the employer, or intentional or negligent destruction of the employer's property.

6. Dishonesty, material falsification of employment applications or of other written documents relating to obtaining or retaining employment, falsification of time records or work records, theft or conversion of property of the employer, or untruthfulness related to the job which could substantially injure or jeopardize the employer's interest.

7. Admission of or conviction for any felony or crime related to the employer's business or to the employment or which could have a substantial adverse effect on the employer's interest, public relations or trust, unless the employer had actual knowledge of such admission or conviction at the commencement of the employment.

8. Violation without good cause of any rule of conduct, safety rule or other rule in any way related to the employment which is reasonably imposed and communicated by the employer or which can be reasonably implied from the type of employment.

9. Violence or unlawful conduct committed during a labor dispute, strike or lockout or during picketing activities on, proximate to or directed at the employer's premises, property or operations.

C. Upon notification from an interested party, if a claimant has been subsequently convicted or acquitted of a felony with respect to the act for which he was separated, his claim shall be reconsidered after a tribunal hearing based on the newly available evidence.

D. In evaluating misconduct, a claimant's prior history of employment with the same employer shall be considered.
A.R.S. § 23-1046 — Arizona Code / Title 23 / Chapter 6 / Article 8 / Section 1046
23-1046 Death benefits
Status: in_force

23-1046. Death benefits

A. In case of an injury causing death, the compensation therefor shall be known as a death benefit and shall be payable in the amount, for the period, and to and for the benefit of the following:

1. Burial expenses, not to exceed five thousand dollars, in addition to the compensation.

2. To the surviving spouse, if there are no children, sixty-six and two-thirds per cent of the average monthly wage of the deceased, to be paid until such spouse's death or remarriage, with two years' compensation in one sum upon remarriage. To the surviving spouse if there are surviving children, thirty-five per cent of the average monthly wage of the deceased, to be paid until such spouse's death or remarriage with two years' compensation in one sum upon remarriage, and to the surviving children, an additional thirty-one and two-thirds per cent of the average monthly wage, to be divided equally among them until the age of eighteen years, until the age of twenty-two years if the child is enrolled as a full-time student in any accredited educational institution, or if over eighteen years and incapable of self-support when the child becomes capable of self-support. When all surviving children are no longer eligible for benefits, the surviving spouse's benefits shall be paid as if there were no children. In the event of the subsequent death or remarriage of the surviving spouse, the surviving child's or children's benefits shall be computed pursuant to paragraph 3.

3. To a single surviving child, in the case of the subsequent death or remarriage of a surviving husband or wife, or if there is no surviving husband or wife, sixty-six and two-thirds per cent of the average monthly wage of the deceased, or if there is more than one surviving child, sixty-six and two-thirds per cent to be divided equally among the surviving children. Compensation to any such child shall cease upon death, upon marriage or upon reaching the age of eighteen years, except, if over eighteen years and incapable of self-support, when he becomes capable of self-support, or if over eighteen years of age and enrolled as a full-time student in any accredited educational institution, when the child reaches age twenty-two.

4. To a parent, if there is no surviving husband, wife or child under the age of eighteen years, if wholly dependent for support upon the deceased employee at the time of his death, twenty-five per cent of the average monthly wage of the deceased during dependency, with an added allowance of fifteen per cent if two dependent parents survive, and, if neither parent is wholly dependent, but one or both partly dependent, fifteen per cent divided between them share and share alike.

5. To brothers or sisters under the age of eighteen years, if there is no surviving husband or wife, dependent children under the age of eighteen years or dependent parent, the following shall govern:

(a) If one of the brothers or sisters is wholly dependent upon the deceased employee for support at the time of injury causing death, twenty-five per cent of the average monthly wage until the age of eighteen years.

(b) If more than one brother or sister is wholly dependent, thirty-five per cent of the average monthly wage at the time of injury causing death, divided among such dependents share and share alike.

(c) If none of the brothers or sisters is wholly dependent, but one or more are partly dependent, fifteen per cent divided among such dependents share and share alike.

B. If the deceased employee leaves dependents only partially dependent upon his earnings for support at the time of the injury, the monthly compensation shall be equal to such proportion of the monthly payments for the benefit of persons totally dependent as the amount contributed by the employee to such partial dependents bears to the average wage of the deceased at the time of the injury resulting in his death. The duration of compensation to partial dependents shall be fixed by the commission in accordance with the facts shown, and in accordance with the provisions of section 23-1047, but shall in no case exceed compensation for one hundred months.

C. In the event of death of a dependent before expiration of the time named in the award, the funeral expenses of such person, not to exceed eight hundred dollars, shall be paid.
A.R.S. § 23-341 — Arizona Code / Title 23 / Chapter 2 / Article 6.1 / Section 341
23-341 Equal wage rates; variations; penalties; enforcement
Status: in_force

23-341. Equal wage rates; variations; penalties; enforcement

A. Notwithstanding the other provisions of this chapter, no employer shall pay any person in his employ at wage rates less than the rates paid to employees of the opposite sex in the same establishment for the same quantity and quality of the same classification of work, provided, that nothing herein shall prohibit a variation of rates of pay for male and female employees engaged in the same classification of work based upon a difference in seniority, length of service, ability, skill, difference in duties or services performed, whether regularly or occasionally, difference in the shift or time of day worked, hours of work, or restrictions or prohibitions on lifting or moving objects in excess of specified weight, or other reasonable differentiation, factor or factors other than sex, when exercised in good faith.

B. Any employer who violates subsection A of this section is liable to the employee affected in the amount of the wages of which such employee is deprived by reason of such violation.

C. Any affected employee may register with the commission a complaint that the wages paid to such employee are less than the wages to which such employee is entitled under this section.

D. The commission shall take all proceedings necessary to enforce the payment of any sums found to be due and unpaid to such employees.

E. Any employee receiving less than the wage to which such employee is entitled under this section may recover in a civil action the balance of such wages, together with the costs of suit, notwithstanding any agreement to work for a lesser wage.

F. Any action based upon or arising under this section shall be instituted within six months after the date of the alleged violation, but in no event shall any employer be liable for any pay due under this section for more than thirty days prior to receipt by the employer of written notice of claim thereof from the employee.

G. The burden of proof shall be upon the person bringing the claim to establish that the differentiation in rate of pay is based upon the factor of sex and not upon other differences, factor or factors.