A.R.S. § 41-704 — Arizona Code / Title 41 / Chapter 4 / Article 1 / Section 704
41-704 Emergency telecommunication services; administration; annual report; revolving fund
Status: in_force

41-704. Emergency telecommunication services; administration; annual report; revolving fund

A. The director of the department of administration shall:

1. Adopt rules and procedures for administering and disbursing monies deposited in the emergency telecommunication services revolving fund, and at least quarterly review and approve requests by political subdivisions of this state for payment for operating emergency telecommunication service systems.

2. In fiscal year 2001-2002 and every two years thereafter, recommend to the legislature the amount of the telecommunication services excise tax that will be required during the following two fiscal years for the purposes of this section, with supporting documentation and information. The legislature shall review the recommendation and take legislative action regarding the recommendation.

3. On or before December 1 of each year, submit a report to the director of the joint legislative budget committee containing:

(a) The department's expenditure plan for the current fiscal year for the emergency telecommunication services revolving fund established by this section.

(b) The status of the department's implementation of improvements to the 911 emergency system.

B. The emergency telecommunication services revolving fund is established to be administered by the director. The fund shall be used for:

1. Necessary or appropriate equipment or service for implementing and operating emergency telecommunication services through political subdivisions of this state. Priority shall be given to establishing emergency telecommunication services in those areas of the state that are without emergency telecommunication services.

2. Necessary or appropriate administrative costs or fees for consultants' services, not to exceed five percent of the amounts deposited annually in the revolving fund.  The department may use up to two-thirds of the five percent of the amounts deposited annually in the revolving fund for administrative costs. The remainder of the five percent may be allocated for local network management of contracts with public safety answering points for emergency telecommunication services.

3. Monthly recurring costs of emergency telecommunication services, including expenditures for capital, maintenance and operation purposes.

4. A wireless carrier's costs associated with the provision, development, design, construction and maintenance of the wireless emergency telecommunication services in an amount that the wireless carrier has not recovered through the deduction mechanism specified in federal law.

C. At the end of each fiscal year, any unexpended monies in the fund, including interest, shall be carried over and do not revert to the state general fund but shall be applied to the extent possible to reduce the levy under section 42-5252, subsection A for the following fiscal year.
A.R.S. § 41-1830.12 — Arizona Code / Title 41 / Chapter 12 / Article 10 / Section 1830.12
41-1830.12 Law enforcement merit system council; duties; authority; rules; business manager; definitions
Status: reserved

41-1830.12. Law enforcement merit system council; duties; authority; rules; business manager; definitions

A. The law enforcement merit system council shall:

1. Select a chairman and vice-chairman.

2. Hold meetings that are necessary to perform its duties on the call of the chairman.

3. Adopt rules pursuant to recognized merit principles of public employment it deems necessary for establishing the following for department of public safety and Arizona peace officer standards and training board personnel:

(a) A classification and compensation plan for all covered positions and for establishing standards and qualifications for all classified positions from a list of necessary employees that is prepared by the director of the employing agency.

(b) A plan for fair and impartial selection, appointment, probation, promotion, retention and separation or removal from service by resignation, retirement, reduction in force or dismissal of all classified employees.

(c) A performance appraisal system for evaluating the work performance of employees of the agencies.

(d) Procedures for the conduct of hearings of employee grievances that are brought before the council relating to classification, compensation and the employee appraisal system.

(e) Procedures for the conduct of hearings on appeals from an order of the director of the employing agency in connection with suspension, demotion, reduction in pay, loss of accrued leave time or dismissal of a classified employee.

(f) For hours of employment, annual and sick leave and special leaves of absence, with or without pay or with reduced pay.

4. Pursuant to recognized merit principles, hear and review appeals from any order of the director of the employing agency in connection with suspension, demotion, reduction in pay, loss of accrued leave time or dismissal of a classified employee. The council's determination is subject to review by the director and appeal as provided in section 41-1830.13.

B. The council may meet with the state personnel board to discuss matters of mutual concern.

C. The rules under subsection A, paragraph 3, subdivision (f) of this section shall provide for the transfer of accumulated annual leave from one employee to another employee in the same agency and for the transfer of accumulated annual leave from one employee to another employee of another agency, department, board or commission if the employees are members of the same family. The transfers may occur if the employee to whom the leave is transferred has a seriously incapacitating and extended illness or injury or a member of the employee's immediate family has a seriously incapacitating and extended illness or injury and the employee has exhausted all available leave balances. Transferred annual leave shall be increased or reduced proportionally by the difference in the salaries of the employees as determined by council rule. For the purposes of this subsection, "family" means spouse, natural child, adopted child, foster child, stepchild, natural parent, stepparent, adoptive parent, grandparent, grandchild, brother, sister, sister-in-law, brother-in-law, son-in-law, daughter-in-law, mother-in-law or father-in-law.

D. In hearing and reviewing an appeal from any order of the director of the employing agency, the council:

1. Shall determine whether the employing agency has proven by a preponderance of the evidence that the employing agency had just cause to discipline the employee.

2. May recommend modification of a disciplinary action if the director of the employing agency has not proven by a preponderance of the evidence that the employing agency had just cause to discipline the employee.

3. Shall reverse the decision of the director of the employing agency if the council finds that just cause did not exist for any discipline to be imposed and, in the case of dismissal or demotion, return the employee to the same position the employee held before the dismissal or demotion with or without back pay.

E. On a finding that the director of the employing agency has not proven just cause to discipline the employee by a preponderance of the evidence, the council may recommend a proposed disciplinary action in light of the facts proven.

F. Within forty-five days after the conclusion of the hearing, the council shall enter its decision or recommendation and at the same time shall send a copy of the decision or recommendation by certified mail to the employing agency and to the employee at the employee's address as given at the hearing or to a representative designated by the employee to receive a copy of the decision or recommendation.

G. The council shall select and the director of the department of public safety shall appoint a business manager who is a certified peace officer and an employee of the department of public safety but who is not a member of the council. The business manager shall perform and discharge all of the powers and duties that are vested in the council, except that adoption of rules, creation and adjustment of classifications and grades, compensation and hearing appeals for dismissal, demotion, reduction in pay, suspensions or other punitive action remain the duty of the council. Any power or duty that the council may lawfully delegate to the business manager is conclusively presumed to have been delegated to the business manager unless it is shown that the council by an affirmative vote recorded in its minutes has specifically reserved the power or duty to itself. At the request of the council, the business manager may make inquiries regarding or investigate infractions of council rules within the department of public safety. The business manager shall report the result of the inquiry or investigation to the council for appropriate action. The business manager may delegate the business manager's powers and duties to the business manager's subordinates unless by council rule or express provision of law the business manager is specifically required to act personally.

H. For the purposes of this section and section 41-1830.13:

1. "Director of the employing agency" means the director of the department of public safety with respect to employees of the department and the executive director of the Arizona peace officer standards and training board with respect to employees of the board.

2. "Just cause" has the same meaning prescribed in title 38, chapter 8, article 1.
A.R.S. § 41-2814 — Arizona Code / Title 41 / Chapter 26 / Article 1 / Section 2814
41-2814 Fingerprinting; direct contact with committed youth; exception; violation; classification; definitions
Status: in_force

41-2814. Fingerprinting; direct contact with committed youth; exception; violation; classification; definitions

A. Each employee of the department and any licensee or contract service provider, employee of any licensee or contract service provider and each volunteer who has unsupervised direct contact with committed youth inside a secure care facility under the jurisdiction of the department shall be fingerprinted and is subject to a criminal history records check pursuant to section 41-1750, subsection G, paragraph 1.  These individuals shall submit fingerprints and the form prescribed in subsection G of this section within ten days before the date of unsupervised direct contact with committed youth. Unsupervised direct contact with committed youth inside a secure care facility under the jurisdiction of the department is conditioned on the results of the fingerprint check.

B. Each employee of a licensee or contract service provider, each contractor and licensee, and each volunteer who has supervised direct contact with committed youth inside a secure care facility under the jurisdiction of the department is subject to a criminal history records check pursuant to section 41-1750, subsection G, paragraph 16. A visitor who has supervised direct contact with committed youth inside a secure care facility under the jurisdiction of the department is subject to a criminal history records check pursuant to section 41-1750, subsection G, paragraph 16. A person's entry into a secure care facility under the jurisdiction of the department is conditioned on the results of the criminal history records check pursuant to this subsection.

C. Except as provided in subsection A of this section, a paid or unpaid employee of a licensee or contract service provider who has direct contact with committed youth outside of a secure care facility shall submit the form prescribed in subsection G of this section and have a valid fingerprint clearance card issued pursuant to chapter 12, article 3.1 of this title or shall apply for a fingerprint clearance card within seven days after beginning employment. Direct contact with committed youth pursuant to this subsection is conditioned on the results of the fingerprint and criminal history records check pursuant to section 41-1750, subsection G, paragraphs 1 and 16.

D. A service contract or license with any contract service provider or licensee is subject to immediate cancellation or termination if a paid or unpaid employee of the contract service provider or licensee who has direct contact with committed youth meets either of the following:

1. Certifies pursuant to subsection G of this section that the individual is awaiting trial on or has been convicted of or has attempted or committed any of the offenses listed in subsection G of this section in this jurisdiction or acts committed in another jurisdiction that would be offenses in this jurisdiction.

2. Is required to possess a valid fingerprint clearance card pursuant to subsection C of this section and does not possess or is denied issuance of a valid fingerprint clearance card.

E. A contract service provider or licensee may avoid cancellation or termination of the contract or license under subsection D of this section if an individual who does not possess or has been denied issuance of a valid fingerprint clearance card as required by subsection C of this section or who certifies pursuant to subsection G of this section that the individual has been convicted of or is awaiting trial on or has attempted or committed any of the offenses listed in subsection G, paragraphs 1, 2, 3, 6, 7, 9, 15, 16, 17, 18 and 21 of this section is immediately prohibited from employment or service with the contract service provider or licensee in any capacity requiring or allowing direct contact with committed youth.

F. A contract service provider or licensee may avoid cancellation or termination of the contract or license under subsection D of this section if an individual who does not possess or has been denied issuance of a valid fingerprint clearance card as required by subsection C of this section or who certifies pursuant to subsection G of this section that the individual has been convicted of or is awaiting trial on or has attempted or committed any of the offenses listed in subsection G, paragraphs 4, 5, 8, 10, 11, 12, 13, 14, 19, 20, 22 and 23 of this section is immediately prohibited from employment or service with the contract service provider or licensee in any capacity requiring or allowing direct contact with committed youth, unless the person is granted a good cause exception pursuant to section 41-619.55.

G. Each individual who is listed in subsections A and B of this section and who has direct contact with committed youth and each individual who is listed in subsection C of this section shall certify on forms provided by the department whether the individual is awaiting trial on or has ever been convicted of or has attempted or committed any of the following criminal offenses in this state or similar offenses in another state or jurisdiction:

1. Sexual abuse or sexual harassment of a minor.

2. Incest.

3. First or second degree murder.

4. Kidnapping.

5. Arson.

6. Sexual assault.

7. Sexual exploitation of a minor.

8. Contributing to the delinquency of a minor.

9. Commercial sexual exploitation of a minor.

10. Any offense involving sale, distribution or transportation of, offer to sell, transport or distribute or conspiracy to sell, transport or distribute marijuana, dangerous drugs or narcotic drugs.

11. Any offense involving the possession or use of marijuana, dangerous drugs or narcotic drugs.

12. Burglary.

13. Aggravated or armed robbery.

14. Robbery.

15. A dangerous crime against children as defined in section 13-705.

16. Child abuse.

17. Sexual conduct with a minor.

18. Molestation of a child.

19. Manslaughter.

20. Assault or aggravated assault.

21. Exploitation of minors involving drug offenses.

22. A violation of section 28-1381, 28-1382 or 28-1383.

23. Any offense involving domestic violence.

H. The department shall make documented, good faith efforts to contact previous employers of personnel to obtain information or recommendations that may be relevant to an individual's fitness for employment.

I. Hospital employees, licensed medical personnel, staff and volunteers who provide services to juveniles in a health care facility located outside the secure care facility and who are under the direct visual supervision as is medically reasonable of the department's employees or the department's contracted security employees are exempt from the requirements of this section.

J. Except as provided in this subsection, the department may not allow an individual who is listed in subsections A, B and C of this section and who is awaiting trial on or who has committed, attempted or been convicted of a felony offense pursuant to subsection G of this section to have supervised or unsupervised direct contact with committed youth. Notwithstanding subsections A, B, C, and D of this section, the director may allow an individual who is listed in subsections A, B and C of this section and who has been convicted of an offense listed in subsection G, paragraph 5, 10, 11, 12, 13, 14, 19, 20, 22 or 23 of this section to have supervised direct contact with committed youth if the director finds that the individual is successfully rehabilitated. In determining whether an individual is successfully rehabilitated, the director:

1. May require the individual to disclose evidence regarding substantiated allegations of neglect or child or vulnerable adult abuse pursuant to section 13-3623.

2. Shall consider all of the following:

(a) The extent of the individual's criminal record.

(b) The length of time that has elapsed since the offense was committed.

(c) The nature of the offense.

(d) Any applicable mitigating circumstances.

(e) The extent of the individual's rehabilitation, including:

(i) The completion of probation, parole or community supervision.

(ii) Whether the individual paid restitution or any other compensation for the offense.

(iii) Any evidence of positive action to change criminal behavior, including completion of a drug treatment program or counseling.

(iv) Any personal references attesting to the individual's rehabilitation.

K. The department of juvenile corrections shall notify the department of public safety if the department of juvenile corrections receives credible evidence that an individual who possesses a valid fingerprint clearance card either:

1. Is arrested for or charged with an offense listed in section 41-1758.03, subsection B.

2. Falsified information on the form required by subsection G of this section.

L. An individual who makes a false statement, representation or certification in an application for employment with the department is guilty of a class 3 misdemeanor.

M. For the purposes of this section:

1. "Direct contact" means supervised or unsupervised contact with committed youth.

2. "Employee" means paid and unpaid personnel who have direct contact with committed youth.

3. "Supervised" means in the presence of a department employee.

4. "Unsupervised" means outside the presence of a department employee.
A.R.S. § 41-2831 — Arizona Code / Title 41 / Chapter 26 / Article 1 / Section 2831
41-2831 State educational system for committed youth; report
Status: in_force

41-2831. State educational system for committed youth; report

A. The director shall establish a state educational system for committed youth for the common and high school education of committed youth.

B. The director shall identify three persons who are qualified to serve as superintendent of the state educational system for committed youth. The director and the superintendent of public instruction shall agree on one of the three persons whom the director shall employ as superintendent to manage the educational system.  The superintendent of the educational system shall employ teachers and other personnel as needed in accordance with chapter 4, article 4 of this title, subject to the approval of the director. All persons who are employed to work in the educational system including the superintendent shall hold the appropriate certificate prescribed by the state board of education in section 15-203, subsection A, paragraph 14.

C. The director shall cause to be implemented the course of study for youth who are enrolled in the state educational system for committed youth.

D. The director shall consider the inclusion of factors related to a pupil's academic progress and standards of behavior as part of the length of stay guidelines adopted as prescribed in section 41-2816.

E. The state educational system for committed youth shall provide appropriate education to all committed youth as required by state and federal law.  If not otherwise required by law, the educational system shall provide an appropriate education to all committed youth who have not received a high school diploma or a high school certificate of equivalency.

F. On entrance of a youth to the state educational system for committed youth, the educational system shall administer a basic skills examination to the youth to determine the educational needs of the youth. A similar examination shall be administered on the youth's exit from the educational system to assess the youth's progress while enrolled in the educational system.

G. The department is entitled to receive equalization assistance for the costs of the state educational system for committed youth as provided in title 15, chapter 11.1.

H. The superintendent shall:

1. Keep records and provide information as the department of education requires to determine the appropriate amount of equalization assistance.

2. Prepare an annual financial report containing information similar to that provided by school districts in the report prescribed in section 15-904 in a format prescribed by the department of administration in consultation with the auditor general and submit the report to the governor, the speaker of the house of representatives, the president of the senate and the department of education by November 1.  When submitting the report to the speaker and president, the superintendent shall send a copy of the report to the chairmen of the house and senate education committees and shall send a notice to all other legislators that the report is available on request.

3. Establish a system for communicating with each youth's school district of residence in order to facilitate the transfer of records, the determination of the most appropriate educational program and the transfer of educational credit.

I. The department of administration shall develop and maintain a special pay plan for teachers and other professional educational personnel within the state educational system for committed youth.  The pay plan shall attempt to keep salaries at a comparable level to that of public school district personnel.

J. Notwithstanding any law to the contrary, the director shall designate an educational program for youth on conditional liberty and, if it is in the best interests of the youth and the community, may assign a youth to a specific public or private educational program.
A.R.S. § 41-1444 — Arizona Code / Title 41 / Chapter 9 / Article 3 / Section 1444
41-1444 Changing stations; public buildings; definitions
Status: in_force

41-1444. Changing stations; public buildings; definitions

A. A public entity that constructs a new restroom that is accessible to the public in a public building or that totally renovates an existing restroom that is accessible to both men and women and to the public in a public building shall:

1. Include in at least one restroom in each building at least one changing station that is capable of serving both a baby and an adult and that is accessible to both men and women.

2. Provide signage at or near the entrance to the changing station indicating the location of the changing station.

3. Indicate the location of the changing station in the central building directory, if such a directory exists.

B. The responsible authority may grant an exemption from the requirements of this section if the responsible authority determines that:

1. Any of the following would apply to the installation of a changing station that is capable of serving both a baby and an adult:

(a) The installation would not be feasible.

(b) The installation would result in a failure to comply with the Americans with disabilities act standards for access for persons with disabilities.

(c) The installation would threaten or destroy the historic significance of a historic property.

2. The public building is not frequented by the public.

C. The installation of a changing station under this section must provide sufficient clear floor space to comply with the requirements of the 2010 Americans with disabilities act standards for accessible design.

D. This section does not establish a private right of action.

E. For the purposes of this section:

1. "Public building" means a building or appurtenance to a building that is built in whole or in part with public monies.

2. "Public entity" means any:

(a) State or local government.

(b) Department, agency, special purpose district or other instrumentality of a state or local government, including the legislature.

3. "Responsible authority" means an organization, office or individual responsible for enforcing the requirements of a code or standard or for approving equipment, materials, an installation or a procedure.

4. "Totally renovates" means to perform construction that is at least $50,000 and that totally removes all nonstructural interior walls, floor and ceiling finishes, mechanical systems, electrical systems and plumbing fixtures and supply and waste lines.

5. "2010 Americans with disabilities act standards for accessible design" means the 2010 standards for state and local government facilities prescribed in 28 Code of Federal Regulations section 35.151 and 36 Code of Federal Regulations part 1191, appendices B and D.
A.R.S. § 41-703.01 — Arizona Code / Title 41 / Chapter 4 / Article 1 / Section 703.01
41-703.01 Competitive grant program; technology solution; patient continuity of care; hospital interconnectivity; annual report; definitions
Status: in_force

41-703.01. Competitive grant program; technology solution; patient continuity of care; hospital interconnectivity; annual report; definitions

(Rpld. 7/1/26)

A. The department shall administer a three-year competitive grant program that provides an interoperability software technology solution to support rural hospitals, health care providers and urban trauma centers to further treatment care coordination with a focus on reducing public and private health care costs and unnecessary transportation costs.  The department shall award the first grant under this program not later than December 31, 2022.

B. The Arizona health care cost containment system shall work with the department to supplement the grant monies by identifying and applying to receive federal matching monies.

C. The grant program shall enable the implementation of an interoperability software technology solution that is shared by hospitals and health care providers to benefit patients before and after a patient is discharged from the provider's care.

D. The software shall be made available to rural hospitals, health care providers and urban trauma centers that wish to participate by enabling a hospital's electronic medical records system to interface with other electronic medical records systems and providers to promote connectivity between hospital systems and facilitate increased communication between hospital staff and providers that use different or distinctive online platforms and information systems when treating patients. The department shall award grants for an interoperability software technology solution that, at a minimum:

1. Complies with the health insurance portability and accountability act privacy standards (45 Code of Federal Regulations part 160 and part 164, subpart E).

2. Captures and forwards clinical data, including laboratory results and images, and provides synchronous patient clinical data to health care providers regardless of geographic location.

3. Provides a synchronous data exchange that is not batched or delayed, at the point the clinical data is captured and available in the hospital's electronic record system.

4. Is capable of providing proactive alerts to health care providers.

5. Allows both synchronous and asynchronous communication.

6. Has patient-centric communication and is tracked with date and time stamping.

7. Is connected to the appropriate physician resources.

8. Provides data to update cost reports to enhance emergency triage and to treat and transport patients.

E. Each grant recipient shall demonstrate proof of veteran employment.

F. For each year of the grant program, each grant recipient shall provide to the department of administration a report that provides metrics and quantifies cost and time savings for using an interoperable software solution in health care that complies with the health insurance portability and accountability act privacy standards (45 Code of Federal Regulations part 160 and part 164, subpart E).  On or before July 1 of each fiscal year of the grant program, the department of administration in coordination with the Arizona health care cost containment system shall provide to the president of the senate, the speaker of the house of representatives, the chairpersons of the health and human services committees of the senate and the house of representatives and the directors of the joint legislative budget committee and the governor's office of strategic planning and budgeting a report on the allocation of grant funding and a compiled analysis of the reports provided by the grant recipients.

G. For the purposes of this section:

1. "Rural" mean a county with a population of less than nine hundred thousand persons.

2. "Veteran employment" means a business organization that employs an individual or has a company officer who served and who was honorably discharged from or released under honorable conditions from service in the armed forces.
A.R.S. § 41-2537 — Arizona Code / Title 41 / Chapter 23 / Article 3 / Section 2537
41-2537 Emergency procurements
Status: in_force

41-2537. Emergency procurements

Notwithstanding any other provision of this chapter, the director may make or authorize others to make emergency procurements if there exists a threat to public health, welfare or safety or if a situation exists which makes compliance with section 41-2533, 41-2534, 41-2578, 41-2579 or 41-2581 impracticable, unnecessary or contrary to the public interest as defined in rules adopted by the director, except that such emergency procurements shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file.
A.R.S. § 41-708 — Arizona Code / Title 41 / Chapter 4 / Article 1 / Section 708
41-708 Annual report; state employee salaries; full-time equivalent positions; definitions
Status: in_force

41-708. Annual report; state employee salaries; full-time equivalent positions; definitions

A. On or before October 1 of each year, the department shall collect from each budget unit and shall submit to the joint legislative budget committee and the governor's office of strategic planning and budgeting a report containing the number of full-time equivalent positions and the total amount of salaries for each budget unit for the prior fiscal year, delineated by:

1. Retirement system.

2. Employee tier.

3. Fund source.

B. For the purposes of this section:

1. "Budget unit":

(a) Means a department, commission, board, institution or other agency of this state that receives, expends or disburses state monies or incurs obligations of this state.

(b) Does not include the Arizona board of regents, universities under the jurisdiction of the Arizona board of regents and community college districts.

2. "Employee tier" means a class of employees in a retirement system in which each employee is subject to the same employer contribution rate pursuant to title 38, chapter 5.
A.R.S. § 41-106 — Arizona Code / Title 41 / Chapter 1 / Article 1 / Section 106
41-106 Advisory board; reimbursement of expenses
Status: in_force

41-106. Advisory board; reimbursement of expenses

Members of an advisory board established by the governor are eligible, subject to legislative appropriation, for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
A.R.S. § 41-1092 — Arizona Code / Title 41 / Chapter 6 / Article 10 / Section 1092
41-1092 Definitions
Status: in_force

41-1092. Definitions

In this article, unless the context otherwise requires:

1. "Administrative law judge" means an individual or an agency head, board or commission that sits as an administrative law judge, that conducts administrative hearings in a contested case or an appealable agency action and that makes decisions regarding the contested case or appealable agency action.

2. "Administrative law judge decision" means the findings of fact, conclusions of law and recommendations or decisions issued by an administrative law judge.

3. "Adversely affected party" means:

(a) An individual who both:

(i) Provides evidence of an actual injury or economic damage that the individual has suffered or will suffer as a direct result of the action and not due to being a competitor or a general taxpayer.

(ii) Timely submits comments on the license application that include, with sufficient specificity, the questions of law, if applicable, that are the basis for the appeal.

(b) A group or association that identifies, by name and physical address in the notice of appeal, a member of the group or association who would be an adversely affected party in the individual's own right.

4. "Appealable agency action" means an action that determines the legal rights, duties or privileges of a party, including the administrative completeness of an application other than an application submitted to the department of water resources pursuant to title 45, and that is not a contested case. Appealable agency actions do not include interim orders by self-supporting regulatory boards, rules, orders, standards or statements of policy of general application issued by an administrative agency to implement, interpret or make specific the legislation enforced or administered by it or clarifications of interpretation, nor does it mean or include rules concerning the internal management of the agency that do not affect private rights or interests. For the purposes of this paragraph, administrative hearing does not include a public hearing held for the purpose of receiving public comment on a proposed agency action.

5. "Director" means the director of the office of administrative hearings.

6. "Final administrative decision" means a decision by an agency that is subject to judicial review pursuant to title 12, chapter 7, article 6.

7. "Licensee":

(a) Means any individual or business entity that has been issued a license by a state agency to engage in any business or activity in this state and that is subject to a licensing decision.

(b) Includes any individual or business entity that has applied for such a license and that appeals a licensing decision pursuant to section 41-1092.08 or 41-1092.12.

8. "Office" means the office of administrative hearings.

9. "Self-supporting regulatory board" means any of the following:

(a) The Arizona state board of accountancy.

(b) The barbering and cosmetology board.

(c) The board of behavioral health examiners.

(d) The Arizona state boxing and mixed martial arts commission.

(e) The state board of chiropractic examiners.

(f) The state board of dental examiners.

(g) The Arizona game and fish commission.

(h) The board of homeopathic and integrated medicine examiners.

(i) The Arizona medical board.

(j) The naturopathic physicians medical board.

(k) The Arizona state board of nursing.

(l) The board of examiners of nursing care institution administrators and assisted living facility managers.

(m) The board of occupational therapy examiners.

(n) The state board of dispensing opticians.

(o) The state board of optometry.

(p) The Arizona board of osteopathic examiners in medicine and surgery.

(q) The Arizona peace officer standards and training board.

(r) The Arizona state board of pharmacy.

(s) The board of physical therapy.

(t) The state board of podiatry examiners.

(u) The state board for private postsecondary education.

(v) The state board of psychologist examiners.

(w) The board of respiratory care examiners.

(x) The state board of technical registration.

(y) The Arizona state veterinary medical examining board.

(z) The acupuncture board of examiners.

(aa) The Arizona regulatory board of physician assistants.

(bb) The board of athletic training.

(cc) The board of massage therapy.
A.R.S. § 41-151.02 — Arizona Code / Title 41 / Chapter 1 / Article 2.1 / Section 151.02
41-151.02 Electronic records repository fund; exemption
Status: in_force

41-151.02. Electronic records repository fund; exemption

A. The electronic records repository fund is established consisting of legislative appropriations, gifts, nonfederal grants, fees, donations and other monies.  The director shall administer the fund. Monies in the fund are subject to legislative appropriation.  The director shall use the monies in the fund for operating expenses for the trusted electronic records repository established pursuant to section 41-151.15.

B. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 41-2562 — Arizona Code / Title 41 / Chapter 23 / Article 4 / Section 2562
41-2562 Duties of the director
Status: in_force

41-2562. Duties of the director

A. The director shall establish guidelines governing the preparation, maintenance and content of specifications for materials, services and construction required by this state. The director shall prepare, issue, revise, maintain and monitor the use of specifications for materials, services and construction required by this state.

B. Notwithstanding the provisions of section 41-2501, all procurement solicitations for volatile organic compound containing commodities shall include a request for substitute commodities with lower or no volatile organic content. Substitute products shall not have increased toxicity compared to the original commodity.
A.R.S. § 41-1442 — Arizona Code / Title 41 / Chapter 9 / Article 3 / Section 1442
41-1442 Discrimination in places of public accommodation; exceptions
Status: in_force

41-1442. Discrimination in places of public accommodation; exceptions

A. Discrimination in places of public accommodation against any person because of race, color, religion, sex, national origin or ancestry is contrary to the policy of this state and shall be deemed unlawful.

B. No person, directly or indirectly, shall refuse to, withhold from or deny to any person, nor aid in or incite the refusal to deny or withhold, accommodations, advantages, facilities or privileges thereof because of race, color, religion, sex, national origin or ancestry, nor shall distinction be made with respect to any person based on race, color, religion, sex, national origin or ancestry in connection with the price or quality of any item, goods or services offered by or at any place of public accommodation.

C. Any person who is under the influence of alcohol or narcotics, who is guilty of boisterous conduct, who is of lewd or immoral character, who is physically violent or who violates any regulation of any place of public accommodation that applies to all persons regardless of race, color, religion, sex, national origin or ancestry may be excluded from any place of public accommodation and nothing in this article shall be considered to limit the right of such exclusion.

D. Notwithstanding any other provision of this article and except as required by federal law, it is not an unlawful practice if a person fails to provide a trained and competent bilingual person who is skilled in interpreting a language other than English to assist a person who is seeking services at a place of public accommodation.  Notwithstanding any other provision of this article and except as required by federal law, a person who offers a service at a place of public accommodation is not required to provide a person who is seeking the service any form or other documentation in that person's native language.

E. It is not an unlawful practice pursuant to this section for a person to fail to provide service at a place of public accommodation if by providing the service the person offering the service would violate a state or federal law or a rule that is adopted by a state or federal board, commission or agency that has jurisdiction over the person offering the service.
A.R.S. § 41-745 — Arizona Code / Title 41 / Chapter 4 / Article 4 / Section 745
41-745 Covered and uncovered service
Status: in_force

41-745. Covered and uncovered service

A. Except as provided in subsection C of this section or section 41-742, subsection A, an employee under covered service is entitled to continue to be a covered employee as long as the employee remains in covered status without a break in service or as otherwise provided by law.  Probationary status employees are required to complete their probationary period before obtaining rights of appeal. On successfully completing a probationary period, an employee in covered service is entitled to have appeal rights as provided in article 6 of this chapter or section 41-1830.16, as applicable.

B. Except as provided in subsections C and D of this section, uncovered service consists of all employees in the state agencies not included in the covered service. Employees in uncovered service are employees at will and are not entitled to appeal rights.

C. A position that requires certification as a full authority peace officer by the Arizona peace officer standards and training board shall be in the covered and uncovered service as follows:

1. If, on September 29, 2012, the position is filled with an uncovered employee, the position shall remain in the uncovered service for all future appointments to that position.

2. If, on September 29, 2012, the position is filled with a covered employee who was in the state service and the employee does not voluntarily elect to become an at will uncovered employee, the position shall remain in the covered service for the current incumbent and for all future appointments to that position.

3. If, on or after September 29, 2012, an employee in the covered service voluntarily elects to become an at will uncovered employee, the position shall remain in the uncovered service for all future appointments to that position.

D. Beginning on September 14, 2024, a position designated as a correctional captain, correctional lieutenant, correctional sergeant, correctional corporal, correctional officer I, correctional officer II, correctional officer III, correctional officer IV, community corrections unit supervisor, community corrections group supervisor or community corrections officer shall be in the covered service.
A.R.S. § 41-1609.01 — Arizona Code / Title 41 / Chapter 11 / Article 1 / Section 1609.01
41-1609.01 Adult incarceration contracts; criteria
Status: in_force

41-1609.01. Adult incarceration contracts; criteria

A. On publication, any request for proposals shall be provided to the joint legislative budget committee for its review.

B. To be considered for an award of a contract, the proposer must demonstrate that it has:

1. The qualifications, operations and management experience and experienced personnel necessary to carry out the terms of the contract.

2. The ability to comply with applicable correctional standards and any specific court order, if required.

3. A demonstrated history of successful operation and management of other secure facilities.

C. The proposer of a contract for correctional services must agree that this state may cancel the contract at any time after the first year of operation, without penalty to this state, on giving ninety days' written notice.

D. A contract may provide for annual contract price or cost adjustments, except that any adjustments may be made only once each year effective on the anniversary of the effective date of the contract. If any adjustment is made pursuant to the terms of the contract, it shall be applied to the total payments made to the contractor for the previous contract year and shall not exceed the per cent of change in the average consumer price index as published by the United States department of labor, bureau of labor statistics between that figure for the latest calendar year and the next previous calendar year.

E. Any price or cost adjustments to a contract different than those authorized in subsection D of this section may be made only if the legislature specifically authorizes the adjustments and appropriates monies for that purpose, if required.

F. An award of a contract shall not be made unless an acceptable proposal is received pursuant to any request for proposals. For the purposes of this subsection, "acceptable proposal" means a proposal that substantially meets all of the requirements or conditions set forth in this section and that meets all of the requirements in the request for proposals.

G. A proposal shall not be accepted unless the proposal offers cost savings to this state.

H. A proposal shall not be accepted unless the proposal offers a level and quality of services that are at least functionally equal to those that would be provided by this state.

I. Notwithstanding section 41-2546, a contract to provide correctional services as described in this section may be for an initial period of not more than ten years.

J. The initial contract may include an option to renew for two subsequent renewal periods of not more than five years each.

K. A contract for correctional services described in this section shall not be entered into unless the following requirements are met:

1. The contractor provides audited financial statements for the previous five years, or for each of the years the contractor has been in operation, if fewer than five years, and provides other financial information as requested.

2. The contractor provides an adequate plan of insurance, specifically including coverage or insurance for civil rights claims and liabilities as approved by the risk management division of the department of administration.

3. The contractor agrees to be liable for the costs of any emergency, public safety or security services provided to the contractor by the state or any political subdivision of the state and to reimburse the state or any political subdivision of the state for the cost of any such services.

L. The sovereign immunity of this state does not apply to the contractor. Neither the contractor nor the insurer of the contractor may plead the defense of sovereign immunity in any action arising out of the performance of the contract.

M. A contract for correctional services shall not authorize, allow or imply a delegation of authority or responsibility to a prison contractor for any of the following:

1. Developing and implementing procedures for calculating inmate release dates.

2. Developing and implementing procedures for calculating and awarding sentence credits.

3. Approving the type of work inmates may perform and the wages or sentence credits that may be given to inmates engaging in the work.

4. Granting, denying or revoking sentence credits, placing an inmate under less restrictive custody or more restrictive custody or taking any disciplinary actions.
A.R.S. § 41-195 — Arizona Code / Title 41 / Chapter 1 / Article 5 / Section 195
41-195 Violation; classification
Status: in_force

41-195. Violation; classification

A person violating any provision of this article or any regulation authorized by this article, is guilty of a class 2 misdemeanor. If the person violating any provision of this article or regulation adopted under the authority of this article is an officer or employee of a state agency, he shall, in addition to the prescribed penalties, be removed forthwith from such office or employment.
A.R.S. § 41-1605 — Arizona Code / Title 41 / Chapter 11 / Article 1 / Section 1605
41-1605 Power to accept and expend gifts
Status: in_force

41-1605. Power to accept and expend gifts

A. The state department of corrections may accept and expend federal funds or private grants of funds, gifts and legacies and may accept, manage or dispose of property, to effectuate the purposes of this article. The director of the state department of corrections shall have oversight over the acceptance of funds and property. The funds shall be deposited, pursuant to sections 35-146 and 35-147, in a special fund designated as the department of corrections fund and shall be expended upon warrants drawn by the department of administration upon order of the director. Any unexpended funds shall not revert to the state general fund at the close of the fiscal year.

B. Accounts for individual correctional institutions shall not be established within the department of corrections fund.
A.R.S. § 41-3012.19 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3012.19
41-3012.19 State compensation fund; termination July 1, 2012
Status: repealed

41-3012.19. State compensation fund; termination July 1, 2012

A. The state compensation fund board of directors terminates on July 1, 2012.

B. Title 23, chapter 6, article 5 is repealed on January 1, 2013.
A.R.S. § 41-2704 — Arizona Code / Title 41 / Chapter 24 / Article 1 / Section 2704
41-2704 Remedies
Status: in_force

41-2704. Remedies

The head of the state governmental unit may resolve protests of the award or proposed award of a grant. An appeal from a decision of the head of a state governmental unit may be made to the director of the department of administration. A protest of an award or proposed award of a grant and any appeal shall be resolved in accordance with the rules of procedure adopted by the director pursuant to section 41-2611.
A.R.S. § 41-1510 — Arizona Code / Title 41 / Chapter 10 / Article 1 / Section 1510
41-1510 Water infrastructure and commerce grant fund
Status: in_force

41-1510. Water infrastructure and commerce grant fund

A. The water infrastructure and commerce grant fund is established consisting of legislative appropriations, federal monies and private donations.  The chief executive officer shall administer the fund.  Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. Monies in the fund may be used to provide grants to eligible entities for contracting for the design and construction of water infrastructure at the eligible entity's location.  The authority may retain up to one percent of the monies in the fund annually to administer the fund.

B. The following entities are eligible to apply for and receive grant monies pursuant to this section:

1. A public service corporation that provides water service pursuant to a certificate of convenience and necessity issued by the corporation commission and that is acting on behalf of an employer prescribed in paragraph 2 of this subsection.

2. An employer with more than two hundred fifty employees that is located in a county with a population of more than four hundred thousand persons and less than one million persons.

C. The authority shall:

1. Prescribe a simplified form and procedure to apply for and approve grants.

2. Establish requirements and criteria by which grants will be awarded, which shall include at least the following:

(a) Grants to eligible applicants only for new water infrastructure projects that are located at the eligible applicant's property in a county with a population of more than four hundred thousand persons and less than one million persons.

(b) Grants for projects that create new jobs.

(c) Grants for projects that begin after January 1, 2022.

(d) Grants that are allocated and distributed not later than December 31, 2024.

(e) Applicants may receive more favorable consideration for grant monies if the applicant includes collaboration and cooperation with other members and entities in the community.

(f) Applicants shall certify that they are eligible to receive grant monies, shall describe the project and services requested and why the project and services are needed and shall certify that all grant monies will be used in compliance with this section, the authority's requirements, the application requirements and processes and otherwise applicable law.

D. Before awarding a grant pursuant to this section, the authority shall prepare a written statement that is signed by the chief executive officer, that assesses the direct economic impact of the grant, including the number of new jobs that will be created, and that contains a finding that the award of grant monies is in the best interest of this state.

E. On or before December 15 of each year, the authority shall submit an annual report to the joint legislative budget committee.  The report shall include, at a minimum, the amount of actual expenditures from the fund by project and an expenditure plan for all remaining monies by project.
A.R.S. § 41-1604 — Arizona Code / Title 41 / Chapter 11 / Article 1 / Section 1604
41-1604 Duties and powers of director
Status: in_force

41-1604. Duties and powers of director

A. The director shall:

1. Be responsible for the overall operations and policies of the department.

2. Maintain and administer all institutions and programs within the department, including prisons, reception and diagnostic centers, conservation camps, community correctional centers and such other facilities and programs as may be required and established for the custody, control, correction, treatment and rehabilitation of all adult offenders who are committed to the department.

3. Be responsible for the administration and execution of all community supervision services, including those for adult offenders who are released in accordance with law.

4. Develop a program to provide uniform statewide community supervision field services in this state and employ parole or community supervision officers based on qualifications prescribed by the director, including physical, psychological and educational qualifications and practical experience.

5. Be responsible for the development of policies and programs that shall be recommended to the governor and the legislature for the purpose of improving the various adult correctional programs of this state.

6. Develop and establish a uniform statewide method of reporting statistics as related to this chapter.

7. Subject to chapter 4, article 4 of this title, employ deputy directors and other key personnel based on qualifications prescribed by the director that require education and practical experience.

8. Adopt rules pursuant to chapter 6 of this title for the development of incentives to encourage good behavior and the faithful performance of work by prisoners.

9. Adopt rules pursuant to chapter 6 of this title to limit inmate access to the internet through the use of a computer, computer system, network, computer service provider or remote computing service.

10. Cooperate with the Arizona-Mexico commission in the governor's office and with researchers at universities in this state to collect data and conduct projects in the United States and Mexico on issues that are within the scope of the department's duties and that relate to quality of life, trade and economic development in this state in a manner that will help the Arizona-Mexico commission to assess and enhance the economic competitiveness of this state and of the Arizona-Mexico region.

B. The director may:

1. Adopt rules to implement the purposes of the department and the duties and powers of the director.

2. Take any administrative action to improve the efficiency of the department, including the following:

(a) Create new divisions or units or consolidate divisions or units.

(b) Subject to chapter 4, article 4 of this title, transfer employees between the various divisions and units of the department.

(c) Shift duties between divisions or units.

(d) Delegate to appropriate personnel the administrative functions, powers or duties that the director believes can be competently, efficiently and properly performed. The director shall not delegate the responsibilities in subsection A, paragraphs 1 and 5 of this section.

(e) Transfer adult inmates between adult institutions or adult facilities.

(f) Authorize work crews to perform acceptable tasks in any part of this state.

(g) Accept unconvicted persons pursuant to a court order for the purposes of examination and treatment regarding competency to understand any stage of a criminal proceeding after indictment or information or their ability to assist in their own defense.

(h) Accept convicted yet unsentenced persons pursuant to a court order for the purposes of conducting a mental health examination or a diagnostic evaluation.

(i) Subject to chapter 4, article 4 and, as applicable, article 5 of this title, appoint certain employees of the department to peace officer status for the purposes of guarding, transporting or pursuing persons who are under the jurisdiction of the department and appoint certain employees of the department to peace officer status for the purposes of investigating or arresting persons who commit or attempt to commit offenses directly relating to the operations of the department. Peace officers of the department shall not preempt the authority and jurisdiction of established agencies of this state and political subdivisions of this state. Such officers shall notify agencies of this state and political subdivisions of this state before conducting an investigation within the jurisdiction of the agency and before making an arrest within the jurisdiction of the agency and shall ask, except in an emergency, if the agency wishes to participate, perform the investigation or arrest the person to be arrested before proceeding. Personnel who are appointed as peace officers by the director shall have the minimum qualifications established for peace officers pursuant to section 41-1822.  Personnel who are appointed by the director pursuant to this subdivision are not eligible to participate in the public safety personnel retirement system except as otherwise provided in title 38, chapter 5, article 4.

(j) Operate travel reduction programs that are subsidized by the department for employees who commute between work and home by vanpools, carpools and buses or in vehicles that are purchased or leased by the department.

3. Establish by rule a onetime fee for conducting background checks on any person who enters a department facility to visit a prisoner. A fee shall not be charged for a person who is under eighteen years of age. The director may adopt rules that waive all or part of the fee.  The director shall deposit, pursuant to sections 35-146 and 35-147, any monies collected pursuant to this paragraph in the department of corrections building renewal fund established by section 41-797.
A.R.S. § 41-192 — Arizona Code / Title 41 / Chapter 1 / Article 5 / Section 192
41-192 Powers and duties of attorney general; restrictions on state agencies as to legal counsel; exceptions; compromise and settlement monies
Status: in_force

41-192. Powers and duties of attorney general; restrictions on state agencies as to legal counsel; exceptions; compromise and settlement monies

A. The attorney general shall have charge of and direct the department of law and shall serve as chief legal officer of the state.  The attorney general shall:

1. Be the legal advisor of the departments of this state and render such legal services as the departments require.

2. Establish administrative and operational policies and procedures within his department.

3. Approve long-range plans for developing departmental programs therein, and coordinate the legal services required by other departments of this state or other state agencies.

4. Represent school districts and governing boards of school districts in any lawsuit involving a conflict of interest with other county offices.

5. Represent political subdivisions, school districts and municipalities in suits to enforce state or federal statutes pertaining to antitrust, restraint of trade or price-fixing activities or conspiracies, if the attorney general notifies in writing the political subdivisions, school districts and municipalities of the attorney general's intention to bring any such action on their behalf. At any time within thirty days after the notification, a political subdivision, school district or municipality, by formal resolution of its governing body, may withdraw the authority of the attorney general to bring the intended action on its behalf.

6. In any action brought by the attorney general pursuant to state or federal statutes pertaining to antitrust, restraint of trade, or price-fixing activities or conspiracies for the recovery of damages by this state or any of its political subdivisions, school districts or municipalities, in addition to the attorney general's other powers and authority, the attorney general on behalf of this state may enter into contracts relating to the investigation and prosecution of such action with any other party plaintiff who has brought a similar action for the recovery of damages and with whom the attorney general finds it advantageous to act jointly or to share common expenses or to cooperate in any manner relative to such action.  In any such action, notwithstanding any other laws to the contrary, the attorney general may undertake, among other things, to render legal services as special counsel or to obtain the legal services of special counsel from any department or agency of the United States, of this state or any other state or any department or agency thereof or any county, city, public corporation or public district in this state or in any other state that has brought or intends to bring a similar action for the recovery of damages or its duly authorized legal representatives in such action.

7. Organize the civil rights division within the department of law and administer such division pursuant to the powers and duties provided in chapter 9 of this title.

8. Compile, publish and distribute to all state agencies, departments, boards, commissions and councils, and to other persons and government entities on request, at least every ten years, the Arizona agency handbook that sets forth and explains the major state laws that govern state agencies, including information on the laws relating to bribery, conflicts of interest, contracting with the government, disclosure of public information, discrimination, nepotism, financial disclosure, gifts and extra compensation, incompatible employment, political activity by employees, public access and misuse of public resources for personal gain.  A supplement to the handbook reflecting revisions to the information contained in the handbook shall be compiled and distributed by the attorney general as deemed necessary.

B. Except as otherwise provided by law, the attorney general may:

1. Organize the department into such bureaus, subdivisions or units as he deems most efficient and economical, and consolidate or abolish them.

2. Adopt rules for the orderly conduct of the business of the department.

3. Subject to chapter 4, article 4 of this title, employ and assign assistant attorneys general and other employees necessary to perform the functions of the department.

4. Compromise or settle any action or claim by or against this state or any department, board or agency of this state. If the compromise or settlement involves a particular department, board or agency of this state, the compromise or settlement shall be first approved by the department, board or agency. If no department or agency is named or otherwise materially involved, the approval of the governor shall be first obtained.

5. Charge reasonable fees for distributing official publications, including attorney general legal opinions and the Arizona agency handbook. The fees received shall be transmitted to the state treasurer for deposit in the state general fund.

C. The powers and duties of a bureau, subdivision or unit shall be limited to those assigned by law to the department.

D. Notwithstanding any law to the contrary, except as provided in subsections E and F of this section, no state agency other than the attorney general shall employ legal counsel or make an expenditure or incur an indebtedness for legal services, but the following are exempt from this section:

1. The director of water resources.

2. The residential utility consumer office.

3. The industrial commission.

4. The Arizona board of regents.

5. The auditor general.

6. The corporation commissioners and the corporation commission other than the securities division.

7. The office of the governor.

8. The constitutional defense council.

9. The office of the state treasurer.

10. The Arizona commerce authority.

11. The water infrastructure finance authority of Arizona.

E. If the attorney general determines that he is disqualified from providing judicial or quasi-judicial legal representation or legal services on behalf of any state agency in relation to any matter, the attorney general shall give written notification to the state agency affected.  If the agency has received written notification from the attorney general that the attorney general is disqualified from providing judicial or quasi-judicial legal representation or legal services in relation to any particular matter, the state agency is authorized to make expenditures and incur indebtedness to employ attorneys to provide the representation or services.

F. If the attorney general and the director of the department of agriculture cannot agree on the final disposition of a pesticide complaint under section 3-368, if the attorney general and the director determine that a conflict of interest exists as to any matter or if the attorney general and the director determine that the attorney general does not have the expertise or attorneys available to handle a matter, the director is authorized to make expenditures and incur indebtedness to employ attorneys to provide representation or services to the department with regard to that matter.

G. Any department or agency of this state authorized by law to maintain a legal division or incur expenses for legal services from funds derived from sources other than the general revenue of the state, or from any special or trust fund, shall pay from such source of revenue or special or trust fund into the general fund of the state, to the extent such funds are available and on a reimbursable basis for warrants drawn, the amount actually expended by the department of law within legislative appropriations for such legal division or legal services.

H. Appropriations made pursuant to subsection G of this section shall not be subject to lapsing provisions otherwise provided by law.  Services for departments or agencies to which this subsection and subsection F of this section are applicable shall be performed by special or regular assistants to the attorney general.

I. Notwithstanding section 35-148, monies received by the attorney general from charges to state agencies and political subdivisions for legal services relating to interagency service agreements shall be deposited, pursuant to sections 35-146 and 35-147, in an attorney general agency services fund.  Monies in the fund are subject to legislative appropriation and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

J. Unless otherwise provided by law, monies received for and belonging to the state and resulting from compromises and settlements entered into pursuant to subsection B of this section, excluding restitution and reimbursement to state agencies for costs or attorney fees, shall be deposited into the state treasury and credited to the state general fund pursuant to section 35-142.  Monies received for and belonging to the state and resulting from a compromise or settlement are not considered custodial, private or quasi-private monies unless specifically provided by law.  On or before January 15, April 15, July 15 and October 15, the attorney general shall file with the governor, with copies to the director of the department of administration, the president of the senate, the speaker of the house of representatives, the secretary of state and the staff director of the joint legislative budget committee, a full and complete account of the deposits into the state treasury made pursuant to this subsection in the previous calendar quarter.  For the purposes of this subsection, "restitution" means monies intended to compensate a specific, identifiable person, including this state, for economic loss.
A.R.S. § 41-1604.07 — Arizona Code / Title 41 / Chapter 11 / Article 1 / Section 1604.07
41-1604.07 Earned release credits; forfeiture; restoration; released prisoner health care; annual report
Status: in_force

41-1604.07. Earned release credits; forfeiture; restoration; released prisoner health care; annual report

A. Pursuant to rules adopted by the director, each prisoner who is in the eligible earned release credit class shall be allowed an earned release credit as set forth in subsection B of this section, including time served in county jails, except for those prisoners who are sentenced to serve the full term of imprisonment imposed by the court.

B. The earned release credit is:

1. Three days for every seven days served if the prisoner:

(a) Was sentenced to a term of imprisonment for the possession or use of marijuana pursuant to section 13-3405, subsection A, paragraph 1, the possession or use of a dangerous drug pursuant to section 13-3407, subsection A, paragraph 1, the possession or use of a narcotic drug pursuant to section 13-3408, subsection A, paragraph 1 or the possession of drug paraphernalia pursuant to section 13-3415.

(b) Has successfully completed a drug treatment program or other major self-improvement program provided by the department during the prisoner's term of imprisonment.

(c) Has not previously been convicted of a violent or aggravated felony as defined in section 13-706.

2. One day for every six days served if the prisoner was sentenced to a term of imprisonment for an offense not listed in paragraph 1 of this subsection.

C. Release credits earned by a prisoner pursuant to subsections A and B of this section shall not reduce the term of imprisonment imposed by the court on the prisoner.

D. On reclassification of a prisoner resulting from the prisoner's failure to adhere to the rules of the department or failure to demonstrate a continual willingness to volunteer for or successfully participate in a work, educational, treatment or training program, the director may declare all release credits earned by the prisoner forfeited.  In the discretion of the director, forfeited release credits may subsequently be restored. The director shall maintain an account of release credits earned by each prisoner.

E. A prisoner who has reached the prisoner's earned release date or sentence expiration date shall be released to begin the prisoner's term of community supervision imposed by the court or term of probation if the court waived community supervision pursuant to section 13-603, except that the director may deny or delay the prisoner's release to community supervision or probation if the director believes the prisoner may be a sexually violent person as defined in section 36-3701 until the screening process is complete and the director determines that the prisoner will not be referred to the county attorney pursuant to section 36-3702. If the term of community supervision is waived, the state department of corrections shall provide reasonable notice to the probation department of the scheduled release of the prisoner from confinement by the department. If the court waives community supervision, the director shall issue the prisoner an absolute discharge on the prisoner's earned release credit date. A prisoner who is released on the earned release credit date to serve a term of probation is not under the control of the state department of corrections when community supervision has been waived and the state department of corrections is not required to provide parole services.

F. Notwithstanding subsection E of this section, a prisoner who fails to achieve functional literacy at an eighth grade literacy level shall not be released to begin the prisoner's term of community supervision until either the prisoner achieves an eighth grade functional literacy level as measured by standardized assessment testing, the prisoner is released to enter the transition program established by section 31-281 and is enrolled in a program that prepares the prisoner to achieve functional literacy or the prisoner serves the full term of imprisonment imposed by the court, whichever first occurs. This subsection does not apply to inmates who either:

1. Are unable to meet the functional literacy standard required by section 31-229.02, subsection A due to a medical, developmental or learning disability as described in section 31-229, subsection C.

2. Are classified as level five offenders.

3. Are foreign nationals.

4. Have less than six months of incarceration to serve on commitment to the department.

5. Are released pursuant to subsection B, paragraph 1 of this section.

G. The department shall establish conditions of community supervision it deems appropriate in order to ensure that the best interests of the prisoner and the citizens of this state are served.  As a condition of community supervision, the director:

1. May order a released prisoner to participate in an appropriate drug treatment or education program that is administered by a qualified agency, organization or individual approved by the department of health services and that provides treatment or education to persons who abuse controlled substances.  Each person who is enrolled in a drug treatment or education program shall pay for the cost of participation in the program to the extent of the person's financial ability.

2. May order additional conditions, including participation in a rehabilitation program or counseling and performance of community restitution work.

3. Unless the prisoner is released pursuant to subsection B, paragraph 1 of this section, may order a prisoner to apply for health care benefits through the Arizona health care cost containment system before being released.  The state department of corrections shall enter into an enrollment suspense agreement with the Arizona health care cost containment system to reinstate benefits for prisoners who were sentenced to twelve months or less and who were previously enrolled in the Arizona health care cost containment system immediately before incarceration. For all other prisoners, the state department of corrections shall submit a prerelease application to the Arizona health care cost containment system at least thirty days before the prisoner's release date. The state department of corrections may coordinate with community-based organizations or the department of economic security to assist prisoners in applying for enrollment in the Arizona health care cost containment system.

4. Shall impose, if the prisoner was convicted of a violation of sexual conduct with a minor under fifteen years of age or molestation of a child under fifteen years of age, a prohibition on residing within four hundred forty feet of a school or its accompanying grounds. For the purposes of this paragraph, "school" means any public, charter or private school where children attend classes.

H. The director may exchange a prisoner's health care information with the regional behavioral health authority or Arizona health care cost containment system justice system contact to facilitate the transition to care for released prisoners to access the full array of behavioral and physical health care services, including medication, counseling, case management, substance abuse treatment, and parenting skills and family reunification training. The director shall adopt policies and procedures that establish a care team to convene and discuss the services and resources, including housing and employment supports, that may be needed for the released prisoner to safely transition into the community. The care team shall be managed by the regional behavioral health authority or Arizona health care cost containment system contractor and may include the health care provider that is identified by and has a contract with the regional behavioral health authority or Arizona health care cost containment system contractor. The care team may also include representatives of nonprofit organizations that specialize in assisting prisoners who are transitioning back into the community and other organizations that link prisoners to additional services, including housing and employment.

I. If a prisoner who reaches the prisoner's earned release credit date refuses to sign and agree to abide by the conditions of supervision before release on community supervision, the prisoner shall not be released. When the prisoner reaches the sentence expiration date, the prisoner shall be released to begin the term of community supervision. If the prisoner refuses to sign and agree to abide by the conditions of release, the prisoner shall not be released on the sentence expiration date and shall serve the term of community supervision in prison. The department is required to supervise any prisoner on community supervision until the period of community supervision expires. The department may bring a prisoner who is in violation of the prisoner's terms and conditions before the board of executive clemency.

J. The director, pursuant to rules adopted by the department, shall authorize the release of any prisoner on the prisoner's earned release credit date to serve any consecutive term imposed on the prisoner. The release shall be for the sentence completed only. The prisoner shall remain under the custody and control of the department.  The director may authorize the rescission of the release to any consecutive term if the prisoner fails to adhere to the rules of the department.

K. If a prisoner absconds from community supervision, any time spent before the prisoner is returned to custody is excluded in calculating the remaining period of community supervision.

L. A prisoner shall forfeit five days of the prisoner's earned release credits:

1. If the court finds or a disciplinary hearing held after a review by and recommendations from the attorney general's office determines that the prisoner does any of the following:

(a) Brings a claim without substantial justification.

(b) Unreasonably expands or delays a proceeding.

(c) Testifies falsely or otherwise presents false information or material to the court.

(d) Submits a claim that is intended solely to harass the party it is filed against.

2. For each time the prisoner tests positive for any prohibited drugs during the period of time the prisoner is incarcerated.

M. If the prisoner does not have five days of earned release credits, the prisoner shall forfeit the prisoner's existing earned release credits and shall be ineligible from accruing earned release credits until the number of earned release credits the prisoner would have otherwise accrued equals the difference between five days and the number of existing earned release credit days the prisoner forfeits pursuant to this section.

N. The director may authorize temporary release on inmate status of eligible inmates pursuant to rules adopted by the director within ninety days of any other authorized release date.  The release authorization applies to any inmate who has been convicted of a drug offense, who has been determined to be eligible for participation in the transition program pursuant to section 31-281 and who has agreed to participate in the transition program.

O. On admission, the department shall provide notice to any prisoner who is potentially eligible for earned release credit pursuant to subsection B, paragraph 1 of this section. The notice must include all of the eligibility requirements under this section.

P. The department shall do all of the following:

1. Annually report the recidivism rate of prisoners released pursuant to subsection B, paragraph 1 of this section for a minimum of three years after release.

2. Report the following information at the end of each fiscal quarter:

(a) The number of prisoners who received earned release credits for each month of the reporting period and the percentage of the total prison population that received earned release credits.

(b) The number of prisoners who were eligible for earned release credit pursuant to subsection B, paragraph 1 of this section and for each of these prisoners, the following information:

(i) The most serious crime for which each prisoner is receiving earned release credit.

(ii) The mean and median length of the prison sentences.

(iii) Whether the prisoner received earned release credits each month of the reporting period.

(c) The number of prisoners who participated in a program that is described in subsection B, paragraph 1, subdivision (b) of this section in each month of the reporting period, including the percentage of the total prison population that has participated in those programs.

(d) The number of prisoners who are eligible for release into the transition program established pursuant to section 31-281 in each month of the reporting period and the percentage of the total prison population that is eligible for release into the transition program. For eligible prisoners, the report shall include the following information:

(i) The most serious crime for which each prisoner is serving a sentence.

(ii) The mean and median length of the prison sentences.

(iii) The mean and median length of time served by the prisoners.

(e) The number of prisoners who are enrolled in the transition program in each month of the reporting period, including the percentage of the total prison population that is enrolled in the transition program.  For enrolled prisoners, the report shall include the following information:

(i) The most serious crime for which each prisoner is serving a sentence.

(ii) The mean and median length of the prison sentences.

(iii) The mean and median length of time served by the prisoners.

(f) The number of prisoners who are released into the transition program in each month of the reporting period, including the percentage of the total prison population that is released into the transition program.  For released prisoners, the report shall include the following information:

(i) The most serious crime for which each prisoner is serving a sentence.

(ii) The mean and median length of the prison sentences.

(iii) The mean and median length of time that the prisoners served.

(g) The six-month success, return to custody and new conviction rates for prisoners who are released to a transition program.

(h) The one-year success, return to custody and new conviction rates for prisoners who are released to a transition program.

(i) The two-year success, return to custody and new conviction rates for prisoners who are released to a transition program.

(j) The three-year success, return to custody and new conviction rates for prisoners who are released to a transition program.

(k) The number of prisoners who received treatment for substance abuse during the first half of the prisoner's total sentence and the percentage of the total prison population that received treatment for substance abuse during the first half of the prisoners' total sentence.  For prisoners who received treatment for substance abuse according to this subdivision, report shall include the following information:

(i) The most serious crime committed by each prisoner.

(ii) The mean and median length of the prison sentences.

(iii) Whether the prisoners received treatment for substance abuse each month of the reporting period.
A.R.S. § 41-1743 — Arizona Code / Title 41 / Chapter 12 / Article 3 / Section 1743
41-1743 Duties of highway patrol
Status: in_force

41-1743. Duties of highway patrol

The highway patrol shall patrol the highways of the state, both day and night, and enforce the laws of the state. The highway patrol shall also investigate accidents which occur upon the highways, procure the names of drivers and descriptions and license numbers of the motor vehicles involved and transmit forthwith to the vehicle superintendent a copy of the report of the investigation.
A.R.S. § 41-1801 — Arizona Code / Title 41 / Chapter 12 / Article 7.1 / Section 1801
41-1801 Definitions
Status: in_force

41-1801. Definitions

In this article, unless the context otherwise requires:

1. "Critical infrastructure" means systems and assets, whether physical or virtual, that are so vital to this state and the United States that the incapacity or destruction of those systems and assets would have a debilitating impact on security, economic security, public health or safety.

2. "Critical infrastructure information":

(a) Means information that is not customarily in the public domain, that is related to the security of critical infrastructure or protected systems and that is related to any of the following:

(i) A disaster, either human caused, computer based or natural.

(ii) The ability of critical infrastructure to resist such a disaster, including planned or past assessments of vulnerability and risk management planning.

(iii) Planned or past operational problems regarding critical infrastructure.

(b) Includes emergency response plans.

3. "Critical infrastructure information system" means a program that uses advanced technologies to provide personnel who are involved in homeland security planning and operations with real time information regarding critical infrastructure within this state and critical infrastructure located outside of this state that may affect the safety and well-being of citizens of this state.
A.R.S. § 41-1712 — Arizona Code / Title 41 / Chapter 12 / Article 2 / Section 1712
41-1712 Organization of department; divisions
Status: in_force

41-1712. Organization of department; divisions

(L03, Ch. 263, sec. 46.  Eff. until 7/1/27)

A. The department shall consist of the following divisions:

1. Arizona highway patrol.

2. Narcotics enforcement and criminal investigation.

3. Scientific criminal analysis.

4. Training and education.

B. The department may establish district headquarters and stations at various places in the state, using existing facilities wherever possible, with the personnel and equipment necessary for the proper functioning and operation of the headquarters and stations.

C. The director may establish other divisions or reserves or reorganize or consolidate the department.
A.R.S. § 41-110 — Arizona Code / Title 41 / Chapter 1 / Article 1 / Section 110
41-110 Crisis contingency and safety net fund; exemption; use of monies
Status: in_force

41-110. Crisis contingency and safety net fund; exemption; use of monies

A. The crisis contingency and safety net fund is established consisting of monies appropriated to the fund and monies received by the office of the governor from any lawful public or private source.  The office of the governor shall administer the fund.  Monies in the fund are continuously appropriated.  The office of the governor may accept and spend local, state and federal monies and private grants, gifts, contributions and devises to assist in carrying out the purposes of this section.  Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

B. Monies in the fund may be spent only following a state of emergency declaration by the governor and only for the following forms of economic assistance during the state of emergency:

1. Housing assistance, including payments to prevent eviction or foreclosure.

2. Monies for entities to provide services for homeless persons, including shelter, food, clothing and transportation.

3. Economic assistance to small businesses with fewer than fifty employees, nonprofit organizations and health care providers.

4. Monies for food bank operations.

C. Before spending monies in the fund, the office of the governor shall notify the president of the senate, the speaker of the house of representatives and the joint legislative budget committee on the intended use of the monies.

D. Monies in the fund shall be used to supplement and not supplant any monies allocated by the federal government for economic assistance during a state of emergency.
A.R.S. § 41-2417 — Arizona Code / Title 41 / Chapter 21 / Article 1 / Section 2417
41-2417 State aid to detention fund; definition
Status: in_force

41-2417. State aid to detention fund; definition

A. The state aid to detention fund is established for the purposes of providing state assistance to counties in maintaining, expanding and operating juvenile detention centers required by section 8-305. On behalf of the juvenile court, the administrative office of the courts may use monies in the fund to enter into agreements with public agencies or private entities to acquire land for, build, purchase, lease-purchase, lease, maintain, expand or operate juvenile detention centers required by section 8-305. The fund consists of monies appropriated to the fund. The supreme court shall administer the fund.

B. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations and are continuously appropriated. Interest earned on monies in the fund shall be used for the purpose specified in subsection A of this section.

C. All monies distributed or expended from the fund shall be used to supplement, not supplant, funding to the juvenile court by the county. Unless a county has reached its expenditure limit, the county shall contribute to the project in a substantial amount through a cash or in-kind contribution.

D. Monies in the fund granted to a county by agreement with the supreme court may be used to secure payment of bonds for the construction, acquisition or improvement of a juvenile detention center required by section 8-305. A county board of supervisors may authorize the bonds notwithstanding any statutory debt limitations or budget requirements applicable to the county. Grant monies used to secure bonds shall be placed by the county treasurer in a special account that may be pledged or assigned to or in trust for the benefit of bondholders as is necessary to pay and secure payment of the principal of, and interest and premium, if any, on, the bonds as they come due. These bonds shall be administered in the manner provided in title 11, chapter 2, article 5. All principal and interest on bonds issued by a county under this section are payable solely out of monies from the state aid to detention fund established by this section to that county and shall not be a general obligation of the county.

E. Monies granted to a county by agreement with the supreme court under this section may be used to secure grant anticipation notes that a county board of supervisors shall be authorized to issue in the manner provided by title 35, chapter 3, article 3.2.

F. For the purposes of this section, "public agencies" has the same meaning as prescribed in section 11-951.
A.R.S. § 41-797 — Arizona Code / Title 41 / Chapter 4 / Article 7 / Section 797
41-797 Department of corrections building renewal fund
Status: in_force

41-797. Department of corrections building renewal fund

A. The department of corrections building renewal fund is established consisting of monies deposited pursuant to section 31-230, section 41-1604, subsection B, paragraph 3, sections 41-1604.02, 41-1604.03 and 41-1624 and section 41-1641, subsection E.  The director of the state department of corrections shall administer the fund.  Monies in the fund are subject to legislative appropriation and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

B. The director of the state department of corrections shall use the monies in the fund for building renewal projects that repair or rework buildings and supporting infrastructure that are under the control of the state department of corrections and that result in maintaining a building's expected useful life.  Monies in the fund may not be used for new building additions, new infrastructure additions, landscaping and area beautification, demolition and removal of a building and, except as provided in subsection C of this section, routine preventive maintenance.

C. The director of the state department of corrections may use up to eight per cent of the annual expenditures from the fund for routine preventive maintenance.
A.R.S. § 41-2254 — Arizona Code / Title 41 / Chapter 18 / Article 1 / Section 2254
41-2254 Greater Arizona development authority revolving fund
Status: in_force

41-2254. Greater Arizona development authority revolving fund

A. The greater Arizona development authority revolving fund is established consisting of:

1. Monies appropriated by the legislature.

2. Monies received from the United States government to carry out this article.

3. Monies received from political subdivisions, Indian tribes, tribal subdivisions and special districts as loan repayments, technical assistance repayments, interest, administrative fees and penalties.

4. Interest and other income received from investing monies in the fund.

5. Gifts, grants and donations received from any public or private source to carry out this article.

6. Any other monies received by the authority.

B. The board shall administer the fund in compliance with the requirements of this article. The board shall separately account for monies received from each source listed in subsection A of this section. Monies received pursuant to subsection A, paragraph 1 of this section shall not be used for any purpose except securing bonds issued by the authority and providing assistance under technical assistance repayment agreements if the amount used for providing this assistance is not more than eight hundred thousand dollars.  This subsection does not limit the power of the authority to pledge other monies in the fund to secure bonds issued by the authority or to provide assistance under technical assistance repayment agreements.

C. The board may establish accounts and subaccounts as necessary to properly account for and use monies received by the authority.

D. Monies in the fund may be used for securing bonds of the authority.

E. Monies in the fund received pursuant to subsection A, paragraphs 2, 3, 4, 5 and 6 of this section may be used for:

1. Providing technical assistance to political subdivisions, special districts, Indian tribes and tribal subdivisions.

2. Providing financial assistance to political subdivisions, special districts and Indian tribes.

3. Paying compensation and employment-related expenses.

4. Paying the costs to operate the authority, to administer the fund and to carry out the requirements of this article.

5. Paying the costs of professional assistance hired by the authority pursuant to section 41-2253, subsection B, paragraph 6.

F. On notice from the board, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.

G. If the monies pledged to secure the bonds become insufficient to pay the principal and interest on the bonds, the board may direct the state treasurer to divest monies in the fund as may be necessary and may apply those proceeds to make current all payments then due on the bonds. The state treasurer shall immediately notify the attorney general and auditor general of the insufficiency.  The auditor general shall audit the circumstances surrounding the depletion of the fund and shall report these findings to the attorney general. The attorney general shall conduct an investigation and report these findings to the governor and the legislature.
A.R.S. § 41-1011 — Arizona Code / Title 41 / Chapter 6 / Article 2 / Section 1011
41-1011 Preparation and publication of code and register
Status: in_force

41-1011. Preparation and publication of code and register

A. The secretary of state shall prepare and publish the code and register.

B. The secretary of state shall prescribe a uniform numbering system and have reasonable discretion to determine the form and style for rules filed with and published by the office. The secretary of state shall refuse to accept a rule notice or other notice filing if the notice or filing does not comply with the secretary of state's prescribed filing requirements, numbering system, form and style.

C. The secretary of state shall assign titles and chapters to agencies and prepare, arrange and correlate rules and other text as necessary when publishing the code and register. The secretary of state may not alter the sense, meaning or effect of any rule but may renumber rules and parts of rules, rearrange rules, change reference numbers to agree with renumbered rules and parts of rules, substitute the proper rule number for "the preceding rule" and similar terms, delete figures if they are merely a repetition of written words, change capitalization for the purpose of uniformity and correct manifest clerical or typographical errors. With the consent of the attorney general, the secretary of state may remove from the code a provision of a rule that a court of final appeal declares unconstitutional or otherwise invalid and a rule made by an agency that is abolished if the rule is not transferred to a successor agency. The secretary of state shall remove a rule from the code when notified by the governor's regulatory review council that the rule has expired pursuant to section 41-1056, subsection J.
A.R.S. § 41-1464 — Arizona Code / Title 41 / Chapter 9 / Article 4 / Section 1464
41-1464 Other unlawful employment practices; opposition to unlawful practices; filing of charges; participation in proceedings; notices and advertisements for employment
Status: in_force

41-1464. Other unlawful employment practices; opposition to unlawful practices; filing of charges; participation in proceedings; notices and advertisements for employment

A. It is an unlawful employment practice for an employer to discriminate against any of the employer's employees or applicants for employment, for an employment agency or joint labor-management committee controlling apprenticeship or other training or retraining programs, including on-the-job training programs, to discriminate against any individual or for a labor organization to discriminate against any member or applicant for membership because the employee, the member, the applicant or the individual in an apprenticeship or other training or retraining program has opposed any practice that is an unlawful employment practice under this article or has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under article 6 of this chapter.

B. It is an unlawful employment practice for an employer, labor organization, employment agency or joint labor-management committee controlling apprenticeship or other training or retraining programs, including on-the-job training programs, to print or publish or cause to be printed or published any notice or advertisement relating to employment by an employer or membership in or any classification or referral for employment by a labor organization or relating to any classification or referral for employment by an employment agency or relating to admission or to employment in any program established to provide apprenticeship or other training by a joint labor-management committee indicating any preference, limitation, specification or discrimination based on race, color, religion, sex or national origin, except that a notice or advertisement may indicate a preference, limitation, specification or discrimination based on religion, sex or national origin when religion, sex or national origin is a bona fide occupational qualification for employment.

C. It is unlawful for an employer, labor organization or employment agency to print or publish or cause to be printed or published any notice or advertisement relating to employment by an employer or membership in or any classification or referral for employment by a labor organization or relating to any classification or referral for employment by an employment agency, indicating any preference, limitation, specification or discrimination based on age, except that the notice or advertisement may indicate a preference, limitation, specification or discrimination based on age when age is a bona fide occupational qualification for employment.
A.R.S. § 41-1001.01 — Arizona Code / Title 41 / Chapter 6 / Article 1 / Section 1001.01
41-1001.01 Regulatory bill of rights; small businesses
Status: in_force

41-1001.01. Regulatory bill of rights; small businesses

A. To ensure fair and open regulation by state agencies, a person:

1. Is eligible for reimbursement of fees and other expenses if the person prevails by adjudication on the merits against an agency in a court proceeding regarding an agency decision as provided in section 12-348.

2. Is eligible for reimbursement of the person's costs and fees if the person prevails against any agency in an administrative hearing as provided in section 41-1007.

3. Is entitled to have an agency not charge the person a fee unless the fee for the specific activity is expressly authorized as provided in section 41-1008.

4. Is entitled to receive the information and notice regarding inspections and audits prescribed in section 41-1009.

5. May review the full text or summary of all rulemaking activity, the summary of substantive policy statements and the full text of executive orders in the register as provided in article 2 of this chapter.

6. May participate in the rulemaking process as provided in articles 3, 4, 4.1 and 5 of this chapter, including:

(a) Providing written comments or testimony on proposed rules to an agency as provided in section 41-1023 and having the agency adequately address those comments as provided in section 41-1052, subsection D, including comments or testimony concerning the information contained in the economic, small business and consumer impact statement.

(b) Filing an early review petition with the governor's regulatory review council as provided in article 5 of this chapter.

(c) Providing written comments or testimony on rules to the governor's regulatory review council during the mandatory sixty-day comment period as provided in article 5 of this chapter.

7. Is entitled to have an agency not base a licensing decision in whole or in part on licensing conditions or requirements that are not specifically authorized by statute, rule or state tribal gaming compact as provided in section 41-1030, subsection B.

8. Is entitled to have an agency not base a decision regarding any filing or other matter submitted to an agency on a requirement or condition that is not specifically authorized by a statute, rule, federal law or regulation or state tribal gaming compact as provided in section 41-1030, subsection C.

9. Is entitled to have an agency not make a rule under a specific grant of rulemaking authority that exceeds the subject matter areas listed in the specific statute or not make a rule under a general grant of rulemaking authority to supplement a more specific grant of rulemaking authority as provided in section 41-1030, subsection D.

10. May allege that an existing agency practice or substantive policy statement constitutes a rule and have that agency practice or substantive policy statement declared void because the practice or substantive policy statement constitutes a rule as provided in section 41-1033.

11. May file a complaint with the administrative rules oversight committee concerning:

(a) A rule's, practice's or substantive policy statement's lack of conformity with statute or legislative intent as provided in section 41-1047.

(b) An existing statute, rule, practice alleged to constitute a rule or substantive policy statement that is alleged to be duplicative or onerous as provided in section 41-1048.

12. May have the person's administrative hearing on contested cases and appealable agency actions heard by an independent administrative law judge as provided in articles 6 and 10 of this chapter.

13. May have administrative hearings governed by uniform administrative appeal procedures as provided in articles 6 and 10 of this chapter and may appeal a final administrative decision by filing a notice of appeal pursuant to title 12, chapter 7, article 6.

14. May have an agency approve or deny the person's license application within a predetermined period of time as provided in article 7.1 of this chapter.

15. Is entitled to receive written notice from an agency on denial of a license application:

(a) That justifies the denial with references to the statutes or rules on which the denial is based as provided in section 41-1076.

(b) That explains the applicant's right to appeal the denial as provided in section 41-1076.

16. Is entitled to receive information regarding the license application process before or at the time the person obtains an application for a license as provided in sections 41-1001.02 and 41-1079.

17. May receive public notice and participate in the adoption or amendment of agreements to delegate agency functions, powers or duties to political subdivisions as provided in section 41-1026.01 and article 8 of this chapter.

18. May inspect all rules and substantive policy statements of an agency, including a directory of documents, in the office of the agency director as provided in section 41-1091.

19. May file a complaint with the office of the ombudsman-citizens aide to investigate administrative acts of agencies as provided in chapter 8, article 5 of this title.

20. Unless specifically authorized by statute, may expect state agencies to avoid duplication of other laws that do not enhance regulatory clarity and to avoid dual permitting to the extent practicable as prescribed in section 41-1002.

21. May have the person's administrative hearing on contested cases pursuant to title 23, chapter 2 or 4 heard by an independent administrative law judge as prescribed by title 23, chapter 2 or 4.

22. Pursuant to section 41-1009, subsection E, may correct deficiencies identified during an inspection unless otherwise provided by law.

B. The enumeration of the rights listed in subsection A of this section does not grant any additional rights that are not prescribed in the sections referenced in subsection A of this section.

C. Each state agency that conducts audits, inspections or other regulatory enforcement actions pursuant to section 41-1009 shall create and clearly post on the agency's website a small business bill of rights.  The agency shall create the small business bill of rights by selecting the applicable rights prescribed in this section and section 41-1009 and any other agency-specific statutes and rules. The agency shall provide a written document of the small business bill of rights to the authorized on-site representative of the regulated small business. In addition to the rights listed in this section and section 41-1009, the agency notice of the small business bill of rights shall include the process by which a small business may file a complaint with the agency employees who are designated to assist members of the public or regulated community pursuant to section 41-1006. The notice must provide the contact information of the agency's designated employees. The agency notice must also state that if the regulated person has already made a reasonable effort with the agency to resolve the problem and still has not been successful, the regulated person may contact the office of ombudsman-citizens aide.
A.R.S. § 41-105 — Arizona Code / Title 41 / Chapter 1 / Article 1 / Section 105
41-105 Exchange of offenders under treaty; consent by governor
Status: in_force

41-105. Exchange of offenders under treaty; consent by governor

If a treaty in effect between the United States and a foreign country provides for the transfer or exchange of convicted offenders to the country of which they are citizens or nationals, the governor may, on behalf of this state and subject to the terms of the treaty, authorize the director of the department of corrections to consent to the transfer or exchange of offenders and take any other action necessary to initiate the participation of this state in the treaty.
A.R.S. § 41-905 — Arizona Code / Title 41 / Chapter 5 / Article 1 / Section 905
41-905 Credit transfers for intra-institutional sales
Status: in_force

41-905. Credit transfers for intra-institutional sales

A. When an institution maintained wholly by the state sells agricultural products, goods, wares or merchandise produced, manufactured or prepared by its inmates or wards to another institution for use therein or by the inmates or wards therein, the institution making the sale shall be reimbursed through a credit transfer for the cost, which shall not exceed the price in the open market of the products, goods, wares or merchandise.

B. The superintendent or managing head of the institution making the sale shall prepare a claim against the purchasing institution, and the claim, when approved by the proper officer of the purchasing institution and by the governor, shall be presented to the department of administration and audited as other claims. If the department of administration finds the claim valid, it shall charge the amount thereof to the appropriate fund of the institution against which it is drawn, and shall credit the appropriate fund of the institution presenting the claim.
A.R.S. § 41-1071 — Arizona Code / Title 41 / Chapter 6 / Article 7 / Section 1071
41-1071 Military relief from administrative procedures; process
Status: in_force

41-1071. Military relief from administrative procedures; process

At any stage, any action or proceeding before any state agency, board, commission or administrative tribunal involving a person on active duty in the military service of the United States or this state as a necessary party, which occurs during such period of service or within sixty days thereafter, may be stayed in the discretion of the state administrative entity before which it is pending, on its own motion. The state administrative entity shall not stay an action or proceeding on its own motion if the service member makes a written objection to the stay. Such action or proceeding shall be stayed on application to the state administrative entity by such person or some person on his behalf, unless in the written decision of the state administrative entity, the ability of the service member to pursue the claim or defense in the action or proceeding is not prejudiced by the military service.
A.R.S. § 41-3029.06 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3029.06
41-3029.06 Arizona health care cost containment system; termination July 1, 2029
Status: repealed

41-3029.06. Arizona health care cost containment system; termination July 1, 2029

A. The Arizona health care cost containment system terminates on July 1, 2029.

B. Title 36, chapter 29 and this section are repealed on January 1, 2030.
A.R.S. § 41-1662 — Arizona Code / Title 41 / Chapter 11 / Article 6 / Section 1662
41-1662 General training powers and duties of the director; fund
Status: in_force

41-1662. General training powers and duties of the director; fund

A. The director shall:

1. Operate a correctional officer training academy.

2. Establish and maintain a correctional officer training program at the academy.

B. The director may:

1. Employ personnel and faculty as may be necessary to perform the academy's functions and operate the academy.

2. Enter into contracts, including intergovernmental agreements under title 11, chapter 7, article 3, as may be necessary to administer this article.  Counties, cities and towns may contract for training their correctional officers at the academy.

3. Adopt administrative rules for implementing this article and for the academy's internal management and control.

4. Solicit, accept, spend and account for gifts and grants. A separate, permanent training fund is established. The director shall administer the fund. Monies received as gifts or grants shall be deposited in the fund. Monies received as gifts or grants are subject to section 35-149.
A.R.S. § 41-983 — Arizona Code / Title 41 / Chapter 5 / Article 6 / Section 983
41-983 Acceptance of gifts; special fund; official agency
Status: in_force

41-983. Acceptance of gifts; special fund; official agency

A. The Arizona commission on the arts may accept and expend public and private grants of funds, gifts, contributions and legacies, and may accept, manage or dispose of property, to effectuate the purposes of this article. Such funds shall be deposited, pursuant to sections 35-146 and 35-147, in a special fund designated "the arts fund" and shall be expended upon warrants drawn by the department of administration upon order of the chairman of the commission. Any unexpended funds shall not revert to the general fund at the close of the fiscal year.

B. Notwithstanding any other law, no monies from the Arizona commission on the arts may be spent for payment to any person or entity for use in desecrating, casting contempt on, mutilating, defacing, defiling, burning, trampling or otherwise dishonoring or causing to bring dishonor on religious objects, the flag of the United States or the flag of this state. The commission shall establish grant making guidelines and procedures which take into consideration general standards of decency and respect for the diverse beliefs and values of the American public. Such guidelines and procedures shall clearly indicate that obscenity is without artistic merit and is not protected speech.  Projects, productions, workshops and programs that are determined to be obscene are prohibited from receiving financial assistance.  The disapproval or approval of grant application or financial support by the commission shall not be construed to mean and shall not be considered as evidence that a project, production, workshop or program is or is not obscene.

C. The commission shall be the official agency of the state to receive and disburse any funds made available by the national endowment on the arts.
A.R.S. § 41-2503 — Arizona Code / Title 41 / Chapter 23 / Article 1 / Section 2503
41-2503 Definitions
Status: in_force

41-2503. Definitions

In this chapter, unless the context otherwise requires:

1. "Architect services" means those professional architect services that are within the scope of architectural practice as provided in title 32, chapter 1.

2. "Business" means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture or other private legal entity.

3. "Change order" means a written order that is signed by a procurement officer and that directs the contractor to make changes that the changes clause of the contract authorizes the procurement officer to order.

4. "Construction":

(a) Means the process of building, altering, repairing, improving or demolishing any public structure or building or other public improvements of any kind to any public real property.

(b) Does not include:

(i) The routine operation, routine repair or routine maintenance of existing facilities, structures, buildings or real property.

(ii) The investigation, characterization, restoration or remediation due to an environmental issue of existing facilities, structures, buildings or real property.

5. "Construction-manager-at-risk" means a project delivery method in which:

(a) There is a separate contract for design services and a separate contract for construction services, except that instead of a single contract for construction services, the purchasing agency may elect separate contracts for preconstruction services during the design phase, for construction during the construction phase and for any other construction services.

(b) The contract for construction services may be entered into at the same time as the contract for design services or at a later time.

(c) Design and construction of the project may be either:

(i) Sequential with the entire design complete before construction commences.

(ii) Concurrent with the design produced in two or more phases and construction of some phases commencing before the entire design is complete.

(d) Finance services, maintenance services, operations services, preconstruction services and other related services may be included.

6. "Construction services" means either of the following for construction-manager-at-risk, design-build and job-order-contracting project delivery methods:

(a) Construction, excluding services, through the construction-manager-at-risk or job-order-contracting project delivery methods.

(b) A combination of construction and, as elected by the purchasing agency, one or more related services, such as finance services, maintenance services, operations services, design services and preconstruction services, as those services are authorized in the definitions of construction-manager-at-risk, design-build or job-order-contracting in this section.

7. "Contract" means all types of state agreements, regardless of what they may be called, for the procurement of materials, services, construction, construction services or the disposal of materials.

8. "Contract modification" means any written alteration in the terms and conditions of any contract accomplished by mutual action of the parties to the contract.

9. "Contractor" means any person who has a contract with a state governmental unit.

10. "Data" means documented information, regardless of form or characteristic.

11. "Department" means the department of administration.

12. "Design-bid-build" means a project delivery method in which:

(a) There is a sequential award of two separate contracts.

(b) The first contract is for design services.

(c) The second contract is for construction.

(d) Design and construction of the project are in sequential phases.

(e) Finance services, maintenance services and operations services are not included.

13. "Design-build" means a project delivery method in which:

(a) There is a single contract for design services and construction services, except that instead of a single contract for design services and construction services, the purchasing agency may elect separate contracts for preconstruction services and design services during the design phase, for construction and design services during the construction phase and for any other construction services.

(b) Design and construction of the project may be either:

(i) Sequential with the entire design complete before construction commences.

(ii) Concurrent with the design produced in two or more phases and construction of some phases commencing before the entire design is complete.

(c) Finance services, maintenance services, operations services, preconstruction services and other related services may be included.

14. "Design professional" means an individual or firm that is registered by the state board of technical registration pursuant to title 32, chapter 1 to practice architecture, engineering, geology, landscape architecture or land surveying or any combination of those professions and any person employed by the registered individual or firm.

15. "Design requirements":

(a) Means at a minimum the purchasing agency's written description of the project or service to be procured, including:

(i) The required features, functions, characteristics, qualities and properties.

(ii) The anticipated schedule, including start, duration and completion.

(iii) The estimated budgets applicable to the specific procurement for design and construction and, if applicable, for operation and maintenance.

(b) May include:

(i) Drawings and other documents illustrating the scale and relationship of the features, functions and characteristics of the project, which shall all be prepared by a design professional who is registered pursuant to section 32-121.

(ii) Additional design information or documents that the purchasing agency elects to include.

16. "Design services" means architect services, engineer services or landscape architect services.

17. "Designee" means a duly authorized representative of the director.

18. "Director" means the director of the department of administration.

19. "Employee" means an individual drawing a salary from a state governmental unit, whether elected or not, and any noncompensated individual performing personal services for any state governmental unit.

20. "Engineer services" means those professional engineer services that are within the scope of engineering practice as provided in title 32, chapter 1.

21. "Finance services" means financing for a construction services project.

22. "General services administration contract" means contracts awarded by the United States government general services administration.

23. "Grant" means the furnishing of financial or other assistance, including state funds or federal grant funds, by any state governmental unit to any person for the purpose of supporting or stimulating educational, cultural, social or economic quality of life.

24. "Job-order-contracting" means a project delivery method in which:

(a) The contract is a requirements contract for indefinite quantities of construction.

(b) The construction to be performed is specified in job orders issued during the contract.

(c) Finance services, maintenance services, operations services, preconstruction services, design services and other related services may be included.

25. "Landscape architect services" means those professional landscape architect services that are within the scope of landscape architectural practice as provided in title 32, chapter 1.

26. "Maintenance services" means routine maintenance, repair and replacement of existing facilities, structures, buildings or real property.

27. "Materials":

(a) Means all property, including equipment, supplies, printing, insurance and leases of property.

(b) Does not include land, a permanent interest in land or real property or leasing space.

28. "Operations services" means routine operation of existing facilities, structures, buildings or real property.

29. "Owner" means a state purchasing agency or state governmental unit.

30. "Person" means any corporation, business, individual, union, committee, club, other organization or group of individuals.

31. "Preconstruction services" means services and other activities during the design phase.

32. "Procurement":

(a) Means buying, purchasing, renting, leasing or otherwise acquiring any materials, services, construction or construction services.

(b) Includes all functions that pertain to obtaining any materials, services, construction or construction services, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration.

33. "Procurement officer":

(a) Means any person duly authorized to enter into and administer contracts and make written determinations with respect to the contracts.

(b) Includes an authorized representative acting within the limits of the authorized representative's authority.

34. "Purchasing agency" means any state governmental unit that is authorized by this chapter or rules adopted pursuant to this chapter, or by way of delegation from the director, to enter into contracts.

35. "Services":

(a) Means the furnishing of labor, time or effort by a contractor or subcontractor that does not involve the delivery of a specific end product other than required reports and performance.

(b) Does not include employment agreements or collective bargaining agreements.

36. "Significant procurement role":

(a) Means any role that includes any of the following duties:

(i) Participating in the development of a procurement.

(ii) Participating in the development of an evaluation tool.

(iii) Approving a procurement or an evaluation tool.

(iv) Soliciting quotes greater than ten thousand dollars for the provision of materials, services or construction.

(v) Serving as a technical advisor or an evaluator who evaluates a procurement.

(vi) Recommending or selecting a vendor that will provide materials, services or construction to this state.

(vii) Serving as a decision maker or designee on a protest or an appeal by a party regarding an agency procurement selection or decision.

(b) Does not include making decisions on developing specifications and the scope of work for a procurement if the decision is based on the application of commonly accepted industry standards or known published standards of the agency as applied to the project, services, goods or materials.

37. "State governmental unit" means any department, commission, council, board, bureau, committee, institution, agency, government corporation or other establishment or official of the executive branch or corporation commission of this state.

38. "Subcontractor" means a person who contracts to perform work or render service to a contractor or to another subcontractor as a part of a contract with a state governmental unit.

39. "Using agency" means any state governmental unit that uses any materials, services or construction procured under this chapter.
A.R.S. § 41-2992.09 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 2992.09
41-2992.09 Colorado river boundary commission; termination July 1, 1992
Status: repealed

41-2992.09. Colorado river boundary commission; termination July 1, 1992

A. The Colorado river boundary commission terminates on July 1, 1992.

B. Title 41, chapter 3, article 2 is repealed on January 1, 1993.
A.R.S. § 41-1225 — Arizona Code / Title 41 / Chapter 7 / Article 8 / Section 1225
41-1225 Forfeiture of office of legislator
Status: in_force

41-1225. Forfeiture of office of legislator

A member of the legislature who is convicted of any felony in this article or sections 41-1282 or 41-1283, shall, in addition to the punishment prescribed, forfeit his office and is forever disqualified from holding any office in this state.
A.R.S. § 41-1719 — Arizona Code / Title 41 / Chapter 12 / Article 2 / Section 1719
41-1719 Sex offender community notification coordinator; duties
Status: in_force

41-1719. Sex offender community notification coordinator; duties

A. The sex offender community notification coordinator is established in the department of public safety.

B. The sex offender community notification coordinator shall:

1. Oversee reimbursement of monies to agencies that perform sex offender community notification.

2. Oversee the Arizona sex offender community notification process.
A.R.S. § 41-191.06 — Arizona Code / Title 41 / Chapter 1 / Article 5 / Section 191.06
41-191.06 Victims' rights program
Status: in_force

41-191.06. Victims' rights program

A. A victims' rights program is established in the criminal division of the attorney general's office. The program shall establish and administer an annual plan for assisting and monitoring state and local entities that are required to implement and comply with victims' rights pursuant to title 8, chapter 3, article 7 and title 13, chapter 40. The plan shall provide for the disbursement of victims' rights fund monies, for training on the provision of victims' rights services, for audits of state and local entities that receive fund monies and for other forms of assistance that further uniformity, efficiency and compliance by state and local entities that are responsible for ensuring crime victims' access to justice.

B. The attorney general may employ administrative and other personnel that the attorney general deems necessary to administer the victims' rights program.
A.R.S. § 41-1722 — Arizona Code / Title 41 / Chapter 12 / Article 2 / Section 1722
41-1722 Concealed weapons permit fund
Status: in_force

41-1722. Concealed weapons permit fund

A. The concealed weapons permit fund is established consisting of fees collected pursuant to section 13-3112.

B. The department shall administer the fund.  Monies deposited in the fund are subject to legislative appropriation and must only be used by the department to:

1. Administer the concealed weapons permit process established by section 13-3112 and all matters related to that section.

2. Pay for the department's operating expenses.

C. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 41-1517 — Arizona Code / Title 41 / Chapter 10 / Article 1 / Section 1517
41-1517 Arizona motion picture production program; duties; preapproval; postapproval; fee; rulemaking; audit; report; definitions
Status: in_force

41-1517. Arizona motion picture production program; duties; preapproval; postapproval; fee; rulemaking; audit; report; definitions

(Rpld. 1/1/44)

A. The authority shall:

1. Implement an Arizona motion picture production program in this state to promote the workforce development and expansion of the commercial motion picture industry in this state.

2. Certify motion picture production companies that produce one or more motion pictures in this state for the purpose of the tax credits allowed under section 43-1082 or 43-1165.

B. To qualify for the program, a motion picture production company shall:

1. Do either of the following:

(a) Use a qualified production facility in this state to produce the motion picture production.

(b) If the motion picture production is filmed primarily at a practical location, produce and film the motion picture production primarily in this state and perform all preproduction, postproduction and editing at an industry standard facility in this state, if such a facility for those functions is available.

2. Maintain the motion picture production company's production labor positions in this state.

3. Include in the credits for each motion picture production an acknowledgment that the production was filmed in Arizona.

4. Submit a completed application pursuant to subsection C of this section. An application is complete on receipt of all requested information.

5. Provide supporting statements and records requested by the authority to demonstrate that the motion picture production company satisfies the criteria provided in this subsection.

C. The application for certification under this section shall be on a form prescribed by the authority and shall include the following:

1. The name, address, telephone number and website address of the motion picture production company.

2. The name and address of an individual who will maintain records of expenditures in this state.

3. The projected first preproduction date and last production date in this state.

4. The production office address and office telephone number in this state.

5. The estimated total budget of the production.

6. The estimated total production cost expenditures in this state.

7. The estimated total percentage of the production that will take place in this state.

8. The estimated number and duration of full-time production labor employment positions in this state.

9. The estimated number of employees who are residents of this state in the cast and crew.

10. The estimated median wage of production labor employment positions in this state.

11. A script or synopsis, the name of the proposed director and a preliminary list of the cast and producer.

12. An affidavit that attests that the motion picture production company will meet all of the requirements to qualify for the tax credits, including that the motion picture production company will use a qualified production facility in this state to produce the motion picture production or otherwise satisfy the requirements prescribed in subsection B, paragraph 1 of this section.

D. The authority shall establish processes to:

1. Review a completed initial application submitted pursuant to this section within a time period prescribed by the authority by rule to determine whether the motion picture production company satisfies all of the criteria provided in subsection B of this section.

2. Certify and preapprove a motion picture production company for the motion picture production tax credits under section 43-1082 or 43-1165. Preapproval priority shall be based on the date that the motion picture production company files a complete initial application for certification with the authority.

E. The preapproved amount applies against the applicable dollar limit prescribed by subsection I of this section for the calendar year in which the application was submitted regardless of whether the preapproval period extends into the following year or years.

F. The authority shall deny an application if the authority determines that:

1. The motion picture production company does not meet all of the established criteria provided in subsection B of this section.

2. The production would constitute an obscene motion picture film or obscene pictorial publication under title 12, chapter 7, article 1.1.

3. The production violates the obscenity laws under title 13, chapter 35.

4. The production would constitute sexual exploitation of a minor or commercial sexual exploitation of a minor under title 13, chapter 35.1.

G. On a determination by the authority that a motion picture production company qualifies for the motion picture production tax credits under section 43-1082 or 43-1165, the authority shall issue the motion picture production company a preapproval letter and transmit a copy of the preapproval letter to the department of revenue. A preapproval letter is effective for a time period prescribed by the authority by rule that shall be stated in the preapproval letter. A motion picture production company may apply to the authority to extend the preapproval period if the motion picture production company can demonstrate that an act of force majeure occurred and that the preapproval letter will expire before the production is complete.

H. On completion of the motion picture production, a motion picture production company that is preapproved for the motion picture production tax credits under section 43-1082 or 43-1165 shall apply to the authority, on a form prescribed by the authority, for approval of motion picture production tax credits and provide an audited statement completed by a certified public accountant in this state that certifies the total amount of eligible production costs associated with the production. The authority shall provide postapproval to a motion picture production company that the motion picture production company has met the eligibility requirements of this section and notify the department of revenue that the motion picture production company may claim the tax credits under section 43-1082 or 43-1165.

I. The authority may not preapprove tax credits exceeding the following amounts in a calendar year, of which up to $25,000,000 in each calendar year may be used for motion picture productions that qualify for the program pursuant to subsection B, paragraph 1, subdivision (b) of this section:

1. In calendar year 2023, $75,000,000.

2. In calendar year 2024, $100,000,000.

3. In calendar year 2025, and each calendar year thereafter, $125,000,000.

J. Any information gathered from motion picture production companies for the purposes of this section is considered confidential taxpayer information and shall be disclosed only as provided in section 42-2003, subsection B, paragraph 12.

K. The authority shall adopt fees and deposit requirements and rules and shall publish and prescribe forms and procedures as necessary to administer this section and provide administrative support services.

L. The authority shall submit a report on or before December 31 each year to the governor, the president of the senate and the speaker of the house of representatives and shall provide a copy of this report to the secretary of state. The authority shall also make the report available to the general public on request. The report shall include:

1. Information relating to the program's activities, receipts and expenditures.

2. Information comparing the annual amount of monies credited to certified motion picture production companies to the estimated amount of monies spent on in-state production costs by motion picture production companies.

3. Quarterly data on the growth and development of motion picture industry employment and wages in this state.

4. A third-party review of the relative economic benefits to this state based on an analysis of the following:

(a) A comparison of the estimated state tax revenues generated by motion picture production activity to the calculated value of the tax credit. State tax revenue estimates shall include the sum of all income taxes, transaction privilege taxes and other taxes imposed by this state.

(b) The direct, indirect and induced inputs that rely on commonly used input-output economic modeling for generating economic multipliers and that measure the direct and indirect impact of the motion picture production industry and identifiable induced economic activity in this state, including benefits related to construction activity and the associated state transaction privilege tax.

(c) The difference between the state tax revenues estimated pursuant to subdivision (a) of this paragraph and the amount of monies credited pursuant to sections 43-1082 and 43-1165, aggregated each year and reported on a cumulative basis in each succeeding year.

M. Beginning on the fifth year after the authority issues the first preapproval letter and at least every fifth year thereafter, the authority shall perform an audit of the program. On or before June 30 of the respective year, the authority shall issue a public report of the audit and submit the report of the audit to the president of the senate and the speaker of the house of representatives and shall provide a copy to the secretary of state. The auditor general shall review each audit performed pursuant to this subsection and report the auditor general's findings to the president of the senate and the speaker of the house of representatives and shall provide a copy to the secretary of state. The audit performed on the tenth year after the first audit by the authority shall include a recommendation for whether the program is economically viable and effective.

N. Each audit report required by subsection M of this section must include:

1. The cumulative total number of production labor employment positions and labor costs related to those positions that qualified for the tax credits allowed under section 43-1082, subsection A, paragraph 2 or section 43-1165, subsection A, paragraph 2 for each year the credit is taken.

2. A comparison of the median wage of production labor employment positions in each county and the median wage in the county in which a production labor employment position is located.

3. The cumulative total of worker-days calculated by multiplying the total number of production labor employment positions by the number of days worked for each position during the employment.

O. For the purposes of this section:

1. "Motion picture production" means a single medium or multimedia program, including a feature film, episodic series or commercial advertisement message, that:

(a) Is created by production activities conducted in this state.

(b) Can be viewed or reproduced.

(c) Is intended for commercial distribution or licensing in the delivery medium used.

2. "Motion picture production company" means any person that is primarily engaged in the business of producing motion pictures and that has a physical business office in this state.

3. "Practical location" means a location at which a motion picture production is filmed that is not and that does not use an industry standard sound stage or production facility to produce and film the motion picture production.

4. "Production costs":

(a) Means costs for the following that are incurred and taxable in this state:

(i) All compensation paid to talent, writers, directors and management.

(ii) All compensation paid for production labor.

(iii) Set construction and operation costs paid pursuant to construction contracts with contractors that are licensed under title 32, chapter 10.

(iv) Wardrobe, props, accessories and related services.

(v) Photography, sound synchronization, lighting and related costs.

(vi) Editing and related services.

(vii) Rental of qualified production facilities.

(viii) Rental of equipment.

(ix) Catered food, drink and condiment purchased from a qualified production facility.

(x) Other direct in-state costs of producing the motion picture production pursuant to rules adopted by the authority.

(b) Does not include payments for penalties and fines or fees or deposits established by the authority or the department of revenue to administer the program.

5. "Production labor" means all laborers working on a production that are not talent, writers, directors, producers or management.

6. "Program" means the Arizona motion picture production program implemented pursuant to this section.

7. "Qualified production facility" means a structure that is built for film industry purposes, is located in this state, is at least ten thousand square feet and meets generally accepted industry standards, including standards for soundproofing, lighting, air conditioning and motion picture production quality technology for producing, filming or otherwise creating a motion picture production.
A.R.S. § 41-1651 — Arizona Code / Title 41 / Chapter 11 / Article 5 / Section 1651
41-1651 Prison construction and operations fund
Status: in_force

41-1651. Prison construction and operations fund

The prison construction and operations fund is established consisting of monies received pursuant to sections 5-395.01, 5-396, 5-397, 28-1381, 28-1382, 28-1383, 28-8284, 28-8286, 28-8287 and 28-8288.  The state department of corrections shall administer the fund.  Monies in the fund are subject to legislative appropriation and shall be used to pay for any costs related to prison overcrowding and department support and maintenance.
A.R.S. § 41-782 — Arizona Code / Title 41 / Chapter 4 / Article 6 / Section 782
41-782 Powers and duties of the state personnel board
Status: in_force

41-782. Powers and duties of the state personnel board

A. Except as provided by section 41-1830.16, the state personnel board shall hear and review appeals as provided in this article relating to dismissal of a covered employee from covered service, suspension for more than eighty working hours or involuntary demotion resulting from disciplinary action as defined in the personnel rules for an employee in covered service.

B. The state personnel board shall hear and review complaints as provided in title 38, chapter 3, article 9, relating to any personnel action taken against an employee or former employee of this state, except an employee or former employee of a state university or the board of regents, which the employee or former employee believes was taken in reprisal for the employee's or former employee's disclosure of information to a public body.  The state personnel board shall recommend the dismissal of a supervisor or other responsible person, other than an elected official, who it determines committed a prohibited personnel practice.

C. The state personnel board may adopt rules it deems necessary for the administration of hearings and the review of appeals and complaints as prescribed in this section.

D. The state personnel board shall only exercise authority that is specifically granted to the board pursuant to this article.
A.R.S. § 41-1493.02 — Arizona Code / Title 41 / Chapter 9 / Article 9 / Section 1493.02
41-1493.02 Applicability
Status: in_force

41-1493.02. Applicability

A. This article applies to all state and local laws and ordinances and the implementation of those laws and ordinances, whether statutory or otherwise, and whether adopted before or after the effective date of this article.

B. State laws that are adopted after the effective date of this article are subject to this article unless the law explicitly excludes application by reference to this article.

C. This article shall not be construed to authorize any government to burden any religious belief.
A.R.S. § 41-833 — Arizona Code / Title 41 / Chapter 4.1 / Article 2 / Section 833
41-833 Powers and duties of society
Status: in_force

41-833. Powers and duties of society

A. The Prescott historical society shall:

1. Preserve, maintain and perpetuate the gubernatorial mansion, the Sharlot Hall Museum and the historical collections contained in the mansion and museum and on the grounds of the mansion and museum in Prescott, Arizona.

2. Procure by gift, exchange or purchase books, maps, papers, goods, artifacts, utensils, museum specimens and other data or materials pertaining to the history of Arizona and the west.

3. Conduct and carry on investigations and expeditions into the geological and anthropological life of Arizona and the west.

4. Establish and maintain a library and publish pamphlets and reports.

5. Exchange exhibits on a temporary basis for display purposes with other museums and societies.

6. Loan exhibits to schools in Arizona or to museums and societies for which a fee may be charged.

7. Suitably house for protection, preservation and availability and properly catalogue and keep accessible to the public, during reasonable hours, the historical collections and materials and may charge a fee for these services.

8. Keep accessible to the public all historical data and provide suitable space for its use in research and may charge a fee for these services.

B. All monies received by the society from whatever source other than legislative appropriation shall be credited for the use of the Sharlot Hall historical society and used as provided by the terms of this subsection for the following purposes:

1. Acquisition and restoration of museum specimens.

2. Direct research pertaining to the history of Arizona and the west.

3. Publication of books, pamphlets, bulletins and reports for sale by the society.

4. Acquisition of postal cards or other items consistent with the objects of the society for resale.

5. Other necessary expenses.

C. The board of trustees may establish and collect fees for pamphlets, books, bulletins or reports which they publish, for items acquired for resale or for exhibits loaned to other museums or societies.

D. The board of trustees shall annually make a report of its activities and expenditures to the governor.
A.R.S. § 41-1491 — Arizona Code / Title 41 / Chapter 9 / Article 7 / Section 1491
41-1491 Definitions
Status: in_force

41-1491. Definitions

In this article, unless the context otherwise requires:

1. "Aggrieved person" includes any person who either:

(a) Claims to have been injured by a discriminatory housing practice.

(b) Believes that the person will be injured by a discriminatory housing practice that is about to occur.

2. "Assistance animal" means a trained or untrained animal that works, provides assistance, performs tasks or provides therapeutic or emotional support for the benefit of a person with a disability.

3. "Complainant" means a person, including the attorney general, who files a complaint under section 41-1491.22.

4. "Conciliation" means the attempted resolution of issues raised by a complaint or by the investigation of the complaint through informal negotiations involving the aggrieved person, the respondent and the attorney general.

5. "Conciliation agreement" means a written agreement setting forth the resolution of the issues in conciliation.

6. "Disability" means a mental or physical impairment that substantially limits at least one major life activity, a record of such an impairment or being regarded as having such an impairment. Disability does not include current illegal use of or addiction to any drug or illegal or federally controlled substance.  Disability shall be defined and construed as the term is defined and construed by the Americans with disabilities act of 1990 (P.L. 101-336) and the ADA amendments act of 2008 (P.L. 110-325; 122 Stat. 3553).

7. "Discriminatory housing practice" means an act prohibited by sections 41-1491.14 through 41-1491.21.

8. "Dwelling" means either:

(a) Any building, structure or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residence by one or more families.

(b) Any vacant land that is offered for sale or lease for the construction or location of a building, structure or part of a building or structure described by subdivision (a) of this paragraph.

9. "Family" includes a single individual.

10. "Person" means one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, receivers, fiduciaries, banks, credit unions and financial institutions.

11. "Respondent" means either:

(a) The person accused of a violation of this article in a complaint of a discriminatory housing practice.

(b) Any person identified as an additional or substitute respondent under section 41-1491.25 or an agent of an additional or substitute respondent.

12. "Service animal":

(a) Means any dog or miniature horse that is individually trained or in training to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability.

(b) Does not include other species of animals, whether wild or domestic, trained or untrained.

13. "To rent" includes to lease, to sublease, to let or to otherwise grant for a consideration the right to occupy premises not owned by the occupant.
A.R.S. § 41-1075 — Arizona Code / Title 41 / Chapter 6 / Article 7.1 / Section 1075
41-1075 Compliance with substantive review time frame
Status: in_force

41-1075. Compliance with substantive review time frame

A. During the substantive review time frame, an agency may make one comprehensive written request for additional information. The agency and applicant may mutually agree in writing to allow the agency to submit supplemental requests for additional information. If an agency issues a comprehensive written request or a supplemental request by mutual written agreement for additional information, the substantive review time frame and the overall time frame are suspended from the date the request is issued until the date that the agency receives the additional information from the applicant.

B. By mutual written agreement, an agency and an applicant for a license may extend the substantive review time frame and the overall time frame. An extension of the substantive review time frame and the overall time frame may not exceed twenty-five per cent of the overall time frame.
A.R.S. § 41-1092.07 — Arizona Code / Title 41 / Chapter 6 / Article 10 / Section 1092.07
41-1092.07 Hearings
Status: in_force

41-1092.07. Hearings

A. A party to a contested case or appealable agency action is entitled to one peremptory change of administrative law judge. A party to a contested case or appealable agency action shall also be authorized to file a nonperemptory motion with the director to disqualify an administrative law judge from conducting a hearing for bias, prejudice, personal interest, conflict of interest, being a material witness in the action or lack of technical expertise necessary for a hearing.

B. The parties to a contested case or appealable agency action have the right to be represented by counsel or to proceed without counsel, to submit evidence and to cross-examine witnesses.

C. The administrative law judge may issue subpoenas to compel the attendance of witnesses and the production of documents. The subpoenas shall be served and, on application to the superior court, enforced in the manner provided by law for the service and enforcement of subpoenas in civil matters. The administrative law judge may administer oaths and affirmations to witnesses.

D. All parties shall have the opportunity to respond and present evidence and argument on all relevant issues. All relevant evidence is admissible, but the administrative law judge may exclude evidence if its probative value is outweighed by the danger of unfair prejudice, by confusion of the issues or by considerations of undue delay, waste of time or needless presentation of cumulative evidence. The administrative law judge shall exercise reasonable control over the manner and order of cross-examining witnesses and presenting evidence to make the cross-examination and presentation effective for ascertaining the truth, avoiding needless consumption of time and protecting witnesses from harassment or undue embarrassment.

E. All hearings shall be recorded. The administrative law judge shall secure either a court reporter or an electronic means of producing a clear and accurate record of the proceeding at the agency's expense. Any party that requests a transcript of the proceeding shall pay the costs of the transcript to the court reporter or other transcriber.

F. Unless otherwise provided by law, the following apply:

1. A hearing may be conducted in an informal manner and without adherence to the rules of evidence required in judicial proceedings.  Neither the manner of conducting the hearing nor the failure to adhere to the rules of evidence required in judicial proceedings is grounds for reversing any administrative decision or order if the evidence supporting the decision or order is substantial, reliable and probative.

2. Copies of documentary evidence may be received in the discretion of the administrative law judge. On request, the parties shall be given an opportunity to compare the copy with the original.

3. Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the agency's specialized knowledge. The parties shall be notified either before or during the hearing or by reference in preliminary reports or otherwise of the material noticed, including any staff memoranda or data and they shall be afforded an opportunity to contest the material so noticed. The agency's experience, technical competence and specialized knowledge may be used in the evaluation of the evidence.  An agency-issued license that substantially complied with the applicable licensing requirements establishes a prima facie demonstration that the license meets all state and federal legal and technical requirements and the license would protect public health, welfare and the environment. An adversely affected party may rebut a prima facie demonstration by presenting clear and convincing evidence demonstrating that one or more provisions in the license violate a specifically applicable state or federal requirement. If an adversely affected party rebuts a prima facie demonstration, the applicant or licensee and the agency director may present additional evidence to support issuing the license.

4. On application of a party or the agency and for use as evidence, the administrative law judge may allow a deposition to be taken, in the manner and on the terms designated by the administrative law judge, of a witness who cannot be subpoenaed or who is unable to attend the hearing.  The administrative law judge may order subpoenas for the production of documents if the party seeking the discovery demonstrates that the party has reasonable need of the materials being sought. All provisions of law compelling a person under subpoena to testify are applicable. Fees for attendance as a witness shall be the same as for a witness in court, unless otherwise provided by law or agency rule. Notwithstanding section 12-2212, subpoenas, depositions or other discovery shall not be allowed except as provided by this paragraph or subsection C of this section.

5. Informal disposition may be made by stipulation, agreed settlement, consent order or default.

6. Findings of fact shall be based exclusively on the evidence and on matters officially noticed.

7. A final administrative decision shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Conclusions of law shall specifically address the agency's authority to make the decision consistent with section 41-1030.

G. Except as otherwise provided by law:

1. At a hearing on an agency's denial of a license or permit or a denial of an application or request for modification of a license or permit, the applicant has the burden of persuasion.

2. At a hearing on an agency action to suspend, revoke, terminate or modify on its own initiative material conditions of a license or permit, the agency has the burden of persuasion.

3. At a hearing on an agency's imposition of fees or penalties or any agency compliance order, the agency has the burden of persuasion.

4. At a hearing held pursuant to chapter 23 or 24 of this title, the appellant or claimant has the burden of persuasion.

H. Subsection G of this section does not affect the law governing burden of persuasion in an agency denial of, or refusal to issue, a license renewal.
A.R.S. § 41-2773 — Arizona Code / Title 41 / Chapter 25 / Article 2 / Section 2773
41-2773 Powers and duties of the office of management and budget relating to competitive government
Status: in_force

41-2773. Powers and duties of the office of management and budget relating to competitive government

In addition to the duties assigned by the governor, the office:

1. Shall develop, implement and manage a statewide competitive government program.

2. Shall identify, with the assistance of state agencies, functions in state government appropriate for submittal to the competitive government process.

3. May require a state agency to conduct an in-house total cost estimate, a management study or any hearing, study, review or cost estimate concerning any aspect of a target function to determine the potential for privatization.

4. May require a state agency to release a request for proposal or invitation to bid for any target function the office deems appropriate for competitively contracting.

5. Shall develop minimum savings criteria for governing the award of contracts resulting from the competitive government process.

6. Shall develop a costing model that accurately estimates and accounts for the total cost of providing a state function and develop methods by which state in-house costs can be compared to private sector costs.  The model shall:

(a) Take into account relevant costs for determining whether savings would result from the privatization of a target function.

(b) Specifically account for conversion, transaction, disruption, contract monitoring costs, and revenue increases and decreases related to a privatization.

(c) Include uniform definitions of direct costs and indirect costs.

7. Shall develop a handbook and training program that educates state agencies in the competitive government process.

8. Shall preapprove requests for proposals and invitations to bid, as the office deems appropriate, that could result in the privatization or transfer to another state agency of a target function.
A.R.S. § 41-3028.01 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3028.01
41-3028.01 Department of revenue; termination; July 1, 2028
Status: repealed

41-3028.01. Department of revenue; termination; July 1, 2028

A. The department of revenue terminates on July 1, 2028.

B. Title 42, chapter 1, article 1 and this section are repealed on January 1, 2029.
A.R.S. § 41-1743.01 — Arizona Code / Title 41 / Chapter 12 / Article 3 / Section 1743.01
41-1743.01 Use in emergencies when ordered by governor; assistance to cities and counties
Status: in_force

41-1743.01. Use in emergencies when ordered by governor; assistance to cities and counties

A. When the governor proclaims an emergency wherein he deems it necessary to protect life or property, he may order the Arizona highway patrol to provide whatever specific emergency services are necessary. The order directing the superintendent and the Arizona highway patrol shall state the specific purpose or purposes for which it is being utilized and the specific objectives to be accomplished.

B. If a county or municipality requires aid to protect life or property, there shall be submitted to the governor a request for such aid setting forth the particular object be accomplished and the area affected.

C. The authority granted in this section is supplemental to and is to be coordinated with the authority granted to the governor under section 26-172.

D. Upon approval by the governor, the highway patrol shall provide police security on or in the immediate vicinity of any state property at the request of the agency in need of such security. An agency in need of such security shall reimburse the highway patrol fund for the services of the personnel involved from such funds as may be available to such agency, and within the budget limitation of the Arizona highway patrol.
A.R.S. § 41-1005 — Arizona Code / Title 41 / Chapter 6 / Article 1 / Section 1005
41-1005 Exemptions
Status: in_force

41-1005. Exemptions

A. This chapter does not apply to any:

1. Rule that relates to the use of public works, including streets and highways, under the jurisdiction of an agency if the effect of the order is indicated to the public by means of signs or signals.

2. Order or rule of the Arizona game and fish commission that does the following:

(a) Opens, closes or alters seasons or establishes bag or possession limits for wildlife.

(b) Establishes a fee pursuant to section 5-321, 5-322 or 5-327.

(c) Establishes a license classification, fee or application fee pursuant to title 17, chapter 3, article 2.

(d) Limits the number or use of licenses or permits that are issued to nonresidents pursuant to section 17-332.

3. Rule relating to section 28-641 or to any rule regulating motor vehicle operation that relates to speed, parking, standing, stopping or passing enacted pursuant to title 28, chapter 3.

4. Rule concerning only the internal management of an agency that does not directly and substantially affect the procedural or substantive rights or duties of any segment of the public.

5. Rule that only establishes specific prices to be charged for particular goods or services sold by an agency.

6. Rule concerning only the physical servicing, maintenance or care of agency owned or operated facilities or property.

7. Rule or substantive policy statement concerning inmates or committed youths of a correctional or detention facility in secure custody or patients admitted to a hospital if made by the state department of corrections, the department of juvenile corrections, the board of executive clemency or the department of health services or a facility or hospital under the jurisdiction of the state department of corrections, the department of juvenile corrections or the department of health services.

8. Form whose contents or substantive requirements are prescribed by rule or statute and instructions for the execution or use of the form.

9. Capped fee-for-service schedule adopted by the Arizona health care cost containment system administration pursuant to title 36, chapter 29.

10. Fees prescribed by section 6-125.

11. Order of the director of water resources adopting or modifying a management plan pursuant to title 45, chapter 2, article 9.

12. Fees established under section 3-1086.

13. Fees established under sections 41-4010 and 41-4042.

14.  Rule or other matter relating to agency contracts.

15. Fees established under section 32-2067 or 32-2132.

16. Rules made pursuant to section 5-111, subsection A.

17. Rules made by the Arizona state parks board concerning the operation of the Tonto natural bridge state park, the facilities located in the Tonto natural bridge state park and the entrance fees to the Tonto natural bridge state park.

18. Fees or charges established under section 41-511.05.

19. Emergency medical services protocols except as provided in section 36-2205, subsection B.

20. Fee schedules established pursuant to section 36-3409.

21. Procedures of the state transportation board as prescribed in section 28-7048.

22. Rules made by the state department of corrections.

23. Fees prescribed pursuant to section 32-1527.

24. Rules made by the department of economic security pursuant to section 46-805.

25. Schedule of fees prescribed by section 23-908.

26. Procedure that is established pursuant to title 23, chapter 6, article 6.

27. Rules, administrative policies, procedures and guidelines adopted for any purpose by the Arizona commerce authority pursuant to chapter 10 of this title if the authority provides, as appropriate under the circumstances, for notice of an opportunity for comment on the proposed rules, administrative policies, procedures and guidelines.

28. Rules made by a marketing commission or marketing committee pursuant to section 3-414.

29. Administration of public assistance program monies authorized for liabilities that are incurred for disasters declared pursuant to sections 26-303 and 35-192.

30. User charges, tolls, fares, rents, advertising and sponsorship charges, services charges or similar charges established pursuant to section 28-7705.

31. Administration and implementation of the hospital assessment pursuant to section 36-2901.08, except that the Arizona health care cost containment system administration must provide notice and an opportunity for public comment at least thirty days before establishing or implementing the administration of the assessment.

32. Rules made by the Arizona department of agriculture to adopt and implement the provisions of the federal milk ordinance as prescribed by section 3-605.

33. Rules made by the Arizona department of agriculture to adopt, implement and administer the United States food and drug administration produce safety rule (21 Code of Federal Regulations part 112) and any other federal produce safety regulation, order or guideline or other requirement adopted pursuant to the FDA food safety modernization act (P.L. 111-353; 21 United States Code sections 2201 through 2252) as provided by title 3, chapter 3, article 4.1.

34. Calculations that are performed by the department of economic security and that are associated with the adjustment of the sliding fee scale and formula for determining child care assistance pursuant to section 46-805.

35. Rules made by the Arizona department of agriculture to implement and administer the livestock operator fire and flood assistance grant program established by section 3-109.03.

B. Notwithstanding subsection A, paragraph 21 of this section, if the federal highway administration authorizes the privatization of rest areas, the state transportation board shall make rules governing the lease or license by the department of transportation to a private entity for the purposes of privatization of a rest area.

C. Coincident with the making of a final rule pursuant to an exemption from the applicability of this chapter under this section, another statute or session law, the agency shall:

1. Prepare a notice and follow formatting guidelines prescribed by the secretary of state.

2. Prepare the rulemaking exemption notices pursuant to chapter 6.2 of this title.

3. File a copy of the rule with the secretary of state for publication pursuant to section 41-1012 and provide a copy to the council.

D. Unless otherwise required by law, articles 2, 3, 4 and 5 of this chapter do not apply to the Arizona board of regents and the institutions under its jurisdiction, except that the Arizona board of regents shall make policies or rules for the board and the institutions under its jurisdiction that provide, as appropriate under the circumstances, for notice of and opportunity for comment on the policies or rules proposed.

E. Unless otherwise required by law, articles 2, 3, 4 and 5 of this chapter do not apply to the Arizona state schools for the deaf and the blind, except that the board of directors of all the state schools for the deaf and the blind shall adopt policies for the board and the schools under its jurisdiction that provide, as appropriate under the circumstances, for notice of and opportunity for comment on the policies proposed for adoption.

F. Unless otherwise required by law, articles 2, 3, 4 and 5 of this chapter do not apply to the state board of education, except that the state board of education shall adopt policies or rules for the board and the institutions under its jurisdiction that provide, as appropriate under the circumstances, for notice of and opportunity for comment on the policies or rules proposed for adoption.  In order to implement or change any rule, the state board of education shall provide at least two opportunities for public comment. The state board of education shall consider the fiscal impact of any proposed rule pursuant to this subsection.

G. Unless otherwise required by law, articles 2, 3, 4 and 5 of this chapter do not apply to the state board for charter schools, except that the board shall adopt policies or rules for the board and the charter schools sponsored by the board that provide, as appropriate under the circumstances, for notice of and opportunity for comment on the policies or rules proposed for adoption. In order to implement or change any policy or rule, the board shall provide at least two opportunities for public comment. The state board for charter schools shall consider the fiscal impact of any proposed rule pursuant to this subsection.
A.R.S. § 41-1025 — Arizona Code / Title 41 / Chapter 6 / Article 3 / Section 1025
41-1025 Variance between rule and published notice of proposed rule
Status: in_force

41-1025. Variance between rule and published notice of proposed rule

A. An agency may not submit a rule to the council that is substantially different from the proposed rule contained in the notice of proposed rule making or a supplemental notice filed with the secretary of state pursuant to section 41-1022. However, an agency may terminate a rule making proceeding and commence a new rule making proceeding for the purpose of making a substantially different rule.

B. In determining whether a rule is substantially different from the published proposed rule on which it is required to be based, all of the following must be considered:

1. The extent to which all persons affected by the rule should have understood that the published proposed rule would affect their interests.

2. The extent to which the subject matter of the rule or the issues determined by that rule are different from the subject matter or issues involved in the published proposed rule.

3. The extent to which the effects of the rule differ from the effects of the published proposed rule if it had been made instead.
A.R.S. § 41-621.01 — Arizona Code / Title 41 / Chapter 3.1 / Article 1 / Section 621.01
41-621.01 Contractors or subcontractors; pooling of property, liability and workers' compensation coverage; exemptions; board of trustees; contract; termination; audit; insolvency
Status: in_force

41-621.01. Contractors or subcontractors; pooling of property, liability and workers' compensation coverage; exemptions; board of trustees; contract; termination; audit; insolvency

A. Pursuant to section 41-621, subsection E and section 41-622.01 two or more contractors or subcontractors licensed to do work for this state or any political subdivision of this state may with the approval of the department of administration enter into contracts or agreements pursuant to this section for the joint purchase of insurance, to pool retention of their risks for property and liability losses and to provide for the payment of the property loss or claim of liability made against any member of the pool on a cooperative or contract basis with one another or may jointly form a nonprofit corporation or enter into a trust agreement to carry out this section in their behalf directly or by contract with a private party, if the department of administration has determined to sanction such a pool. Two or more contractors may also enter into contracts or agreements pursuant to this section to establish a workers' compensation pool to provide for the payment of workers' compensation claims pursuant to title 23, chapter 6 on a cooperative or contract basis with one another or may jointly form a nonprofit corporation or enter into a trust agreement to carry out this section in their behalf directly or by contract with a private party. A workers' compensation pool established pursuant to this subsection may provide coverage for workers' compensation, employers' liability and occupational disease claims.  A workers' compensation pool is subject to approval as a self-insurer by the industrial commission of Arizona pursuant to section 23-961, subsection A, paragraph 2 and is subject to title 23, chapter 6 and rules adopted pursuant to that chapter in addition to the requirements of this section. The industrial commission of Arizona, by rule, resolution or order, may adopt requirements for the administration of a workers' compensation pool under this subsection, including separation or commingling of funds, accounting, auditing, reporting, actuarial standards and procedures.

B. In addition to other authority granted pursuant to this title, two or more contractors or subcontractors licensed to do work for this state or any political subdivision of this state may enter into contracts or agreements for the joint purchase of life insurance, disability insurance, accident insurance or health benefits plan insurance, to pool retention of their risks of loss for life, disability, health or accident claims made against any contractor or subcontractor member of the pool or to jointly provide the health and medical services authorized in section 36-2907. Contractors and subcontractors may establish pools for the purposes of this subsection by any of the following methods:

1. On a cooperative or contract basis.

2. By the formation of a nonprofit corporation.

3. By a contract or intergovernmental agreement with the Arizona health care cost containment system administration.

4. By the execution of a trust agreement directly by the contractors and subcontractors or by contracting with a third party.

C. Contractors or subcontractors of a political subdivision of this state that is a member of a risk retention pool authorized under title 11 may obtain life insurance, disability insurance, accident insurance or health benefits plan insurance coverage directly from that political subdivision if coverage is available and as authorized by section 11-952.01, subsection C.

D. Section 10-11301 does not apply to nonprofit corporations formed pursuant to this section.

E. Chapter 23 of this title does not apply to the procurement of insurance or to the procurement of the services provided for in subsection I, paragraph 8 of this section by any pool established pursuant to this section.

F. Title 43 does not apply to any pool established pursuant to this section.  Any pool established pursuant to this section is exempt from taxation under title 43.

G. Each pool shall be operated by a board of trustees consisting of at least five members.  The board of trustees of each group shall do all of the following:

1. Establish terms and conditions of coverage within the pool including exclusions of coverage.

2. Ensure that all claims are paid promptly.

3. Take all necessary precautions to safeguard the assets of the group.

4. Maintain minutes of its meetings.

5. Designate an administrator to carry out the policies established by the board of trustees and to provide day to day management of the group and delineate in the written minutes of its meetings the areas of authority it delegates to the administrator.

6. Notify the director of the department of insurance and financial institutions of the existence of the pool and file a copy of the agreement with the director and with the attorney general.

7. If the pool is a workers' compensation pool, file a copy of the agreement with the director of the industrial commission of Arizona.

H. The board of trustees shall not:

1. Extend credit to individual members for payment of a premium except pursuant to payment plans established by the board.

2. Borrow any monies from the group or in the name of the group except in the ordinary course of business.

I. A contract or agreement made pursuant to subsection A of this section shall contain the following:

1. A provision for a system or program of loss control.

2. A provision for termination of membership including either:

(a) Cancellation of individual members of the pool by the pool.

(b) Election by an individual member of the pool to terminate its participation.

3. A provision requiring the pool to pay all claims for which each member incurs liability during each member's period of membership.

4. A provision stating that each member is not relieved of its liability incurred during the member's period of membership except through the payment of losses by the pool or by the member.

5. A provision for the maintenance of claims reserves equal to known incurred losses and an estimate of incurred but not reported claims.

6. A provision for a final accounting and settlement of the obligations of or refunds to a terminating member to occur when all incurred claims are concluded, settled or paid.

7. A provision that the pool may establish offices where necessary in this state and employ necessary staff to carry out the purposes of the pool.

8. A provision that the pool may retain legal counsel, actuaries, auditors, engineers, private consultants and advisors.

9. A provision that the pool may make and alter bylaws and rules pertaining to the exercise of its purpose and powers.

10. A provision that the pool may purchase, lease or rent real and personal property it deems necessary.

11. A provision that the pool shall enter into a financial services agreement with banks and that it may issue checks in its own name.

J. A pool or a terminating member shall provide at least ninety days' written notice of the termination or cancellation. A workers' compensation pool shall notify the industrial commission of Arizona of the termination or cancellation of a member thirty days before the termination or cancellation of the member.

K. The pool shall be audited annually at the expense of the pool by a certified public accountant, with a copy of the report submitted to the governing body or chief executive officer of each member of the pool and to the director of the department of insurance and financial institutions.  The board of trustees of the pool shall obtain an appropriate actuarial evaluation of the claim reserves of the pool including an estimate of the incurred but not reported claims. The department of insurance and financial institutions shall examine each contractor pool once every five years. The director of the department of insurance and financial institutions may examine a contractor pool sooner than five years from the preceding examination if the director has reason to believe that the pool is insolvent. The costs of any examination shall be paid by the pool subject to the examination.

L. If, as a result of the annual audit or an examination by the director of the department of insurance and financial institutions, it appears that the assets of the pool are insufficient to enable the pool to discharge its legal liabilities and other obligations, the director of the department of insurance and financial institutions shall notify the administrator and the board of trustees of the pool of the deficiency and provide the director's list of recommendations to abate the deficiency, including a recommendation not to add any new members until the deficiency is abated.  If the pool fails to comply with the recommendations within sixty days after the date of the notice, the director shall notify the chief executive officer or the governing bodies, if any, of the members of the pool, the governor, the president of the senate and the speaker of the house of representatives that the pool has failed to comply with the recommendations of the director.

M. If a pool is determined to be insolvent or is otherwise found to be unable to discharge its legal liabilities and other obligations, each agreement or contract shall provide that the members of the pool shall be assessed on a pro rata basis as calculated by the amount of each member's annual contribution in order to satisfy the amount of deficiency. The assessment shall not exceed the amount of each member's annual contribution to the pool.

N. If a workers' compensation pool fails to comply with title 23, chapter 6 or rules adopted pursuant to that chapter, the director of the industrial commission of Arizona shall immediately notify the director of the department of administration and the director of the department of insurance and financial institutions.
A.R.S. § 41-1093.01 — Arizona Code / Title 41 / Chapter 6 / Article 11 / Section 1093.01
41-1093.01 Occupational regulations; limitations
Status: in_force

41-1093.01. Occupational regulations; limitations

An agency shall limit all occupational regulations to regulations that are demonstrated to be necessary to specifically fulfill a public health, safety or welfare concern.
A.R.S. § 41-2302 — Arizona Code / Title 41 / Chapter 19 / Article 1 / Section 2302
41-2302 Director; compensation; duties; appointment
Status: in_force

41-2302. Director; compensation; duties; appointment

A. The director of the office shall be responsible for promoting and developing tourism business and planning, and developing a campaign of information, advertising, promotion, exhibition and publicity relating to tourism business, including the recreational, scenic and historical attractions of this state and all communities and regions of this state, and disseminating such information to the public through various state, national and international media.

B. The director is eligible to receive compensation determined pursuant to section 38-611.

C. The director shall be appointed by the governor pursuant to section 38-211 and shall serve at the governor's pleasure.

D. The director shall have at least the following qualifications:

1. Five years of management experience in the domestic and international tourism and travel industry.

2. A fundamental understanding of the technical elements of the tourism industry including travel, trade, group, incentive and individual markets, advertising techniques and evaluation methods.

3. Experience in either marketing or public relations.