A.R.S. § 23-614 — Arizona Code / Title 23 / Chapter 4 / Article 1 / Section 614
23-614 Employing unit; temporary services employer; professional employer organization; definitions
Status: in_force

23-614. Employing unit; temporary services employer; professional employer organization; definitions

A. "Employing unit" means an individual or type of organization, including a partnership, association, trust, estate, joint-stock company, insurance company or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor of any of the foregoing, or the legal representative of a deceased person, which has, or after January 1, 1936 had, one or more individuals performing services for it within this state. Employing unit includes any federal instrumentality that is not wholly or partially owned by the United States and that has one or more individuals performing services for it within this state.

B. Each individual who performs services in this state for an employing unit that maintains two or more separate establishments in this state is performing services for a single employing unit for all the purposes of this chapter.

C. Each individual employed to perform or to assist in performing the work of any person in the service of an employing unit is engaged by the employing unit for all the purposes of this chapter, whether the individual was hired or paid directly by the employing unit or by the person, if the employing unit had actual or constructive knowledge of the work. Notwithstanding any other provision of this chapter except for section 23-612.01, an individual who performs services in or for a particular employing unit is not in the employment of that employing unit if the individual's wages for services in or for the particular employing unit are paid by another employing unit, and if the contributions required by this chapter on the wages are paid by the other employing unit.

D. Notwithstanding any other provision of this chapter, whether an individual or entity is the employer of specific employees shall be determined by section 23-613.01, except as provided in subsections E and G of this section with respect to a professional employer organization or a temporary services employer.  The exceptions to the definition of employee prescribed in section 23-613.01, subsection A apply to determinations made pursuant to subsections E, F, G and H of this section.

E. A professional employer organization or a temporary services employer that contracts to supply a worker to perform services for a customer or client is the employer of the worker who performs the services.  A customer or client who contracts with an individual or entity that is not a professional employer organization or a temporary services employer to engage a worker to perform services is the employer of the worker who performs the services. Except as provided in subsection F of this section, an individual or entity that is not a professional employer organization or a temporary services employer, that contracts to supply a worker to perform services to a customer or client and that pays remuneration to the worker acts as the agent of the employer for purposes of payment of remuneration.

F. In circumstances that are in essence a loan of an employee to another employer and the direction and control of the manner and means of performing the services changes to the employer to whom the employee is loaned, the loaning employer continues to be the employer of the employee if the loaning employer continues to pay remuneration to the employee, whether or not the loaning employer is reimbursed by the other employer. If the employer to whom the employee is loaned pays remuneration to the employee for the services performed, that employer is considered the employer for the purposes of any remuneration paid to the employee by the employer, regardless of whether the loaning employer also pays remuneration to the employee.

G. A professional employer organization shall report and pay all required contributions to the unemployment compensation fund using the state employer account number and the contribution rate of the professional employer organization.

H. On termination of a contract between a professional employer organization and a client or the failure by a professional employer organization to submit reports or make tax payments as required by this chapter, the client shall be treated as a new employer without a previous experience record if the client has been subject to a professional employer agreement for at least two years or if the client is not otherwise eligible for an experience rating.

I. For the purposes of this section:

1. "Professional employer organization" has the same meaning prescribed in section 23-561.

2. "Temporary services employer" means an employing unit that contracts with clients or customers to supply workers to perform services in more than one industry for the client or customer and that performs all of the following:

(a) Negotiates with clients or customers for such matters as the time of work, the place of work, the type of work, the working conditions, the quality of services and the price of services.

(b) Determines assignments or reassignments of workers, even though workers retain the right to refuse specific assignments.

(c) Retains the authority to assign or reassign a worker to other clients or customers if a worker is determined unacceptable by a specific client or customer.

(d) Assigns or reassigns the worker to perform services for a client or customer.

(e) Sets the rate of pay of the worker, whether or not through negotiation.

(f) Pays the worker from its own account or accounts.

(g) Retains the right to hire and terminate workers.
A.R.S. § 23-762 — Arizona Code / Title 23 / Chapter 4 / Article 5.1 / Section 762
23-762 Requirements of shared work plan; approval
Status: in_force

23-762. Requirements of shared work plan; approval

A. An employer wishing to participate in the shared work unemployment compensation program shall submit a signed, written shared work plan to the department for approval. The department shall approve a shared work plan only if the plan:

1. Specifies the employees in the affected group.

2. Applies to only one affected group.

3. If feasible, includes a description of the employer's plan for notifying an employee whose work week is to be reduced.

4. Includes a certified statement by the employer that, for the six-month period immediately preceding the date the plan is submitted, compensation was payable from the shared work employer, or its predecessors whether or not they were shared work employers, to each employee in the affected group in an amount equal to or greater than the wages for insured work in one calendar quarter as provided in section 23-771, subsection A, paragraph 6. An employee who joins an affected group after the approval of the shared work plan is automatically covered under the previously approved plan, effective the week that the department receives written notice from the shared work employer that the employee has joined and certification from the employer that the employee meets the provisions of section 23-771, subsection A, paragraph 6.

5. Includes a certified statement by the employer that for the duration of the plan the reduction in the total normal weekly hours of work of the employees in the affected group is instead of layoffs which otherwise would result in at least as large a reduction in the total normal weekly hours of work. The employer shall include an estimate of the number of layoffs that would have occurred without an approved shared work plan.

6. Specifies the manner in which the employer will treat fringe benefits of the employees in the affected group if the employees' hours are reduced to less than their normal weekly hours of work. The employer must certify, if the employer provides health benefits and retirement benefits under a defined benefit plan to any employee whose workweek is reduced under the plan, that these benefits will continue to be provided to an employee participating in the shared work plan under the same terms and conditions as though the workweek of the employee had not been reduced or to the same extent as other employees not participating in the shared work program.

7. Specifies an expiration date that is no more than one year from the date the employer submits the plan for approval, except that on written request by the employer, the department may approve an extension of the plan for a period of not more than one year from the date of the request.

8. Is approved in writing by the collective bargaining agent for each collective bargaining agreement that covers any employee in the affected group.

B. The plan prescribed in subsection A of this section and the implementation of the plan must be consistent with the employer's obligations under all other federal and state laws.

C. The department shall approve or disapprove the plan within fifteen days after receipt of the plan by the department. The department shall notify the employer of the reasons for denial of a shared work plan within ten days of the determination.
A.R.S. § 23-1021 — Arizona Code / Title 23 / Chapter 6 / Article 7 / Section 1021
23-1021 Right of employee to compensation
Status: in_force

23-1021. Right of employee to compensation

Every employee coming within the provisions of this chapter who is injured, and the dependents of every such employee who is killed by accident arising out of and in the course of his employment, wherever the injury occurred, unless the injury was purposely self-inflicted, shall be entitled to receive and shall be paid such compensation for loss sustained on account of the injury or death, such medical, nurse and hospital services and medicines, and such amount of funeral expenses in the event of death, as are provided by this chapter.
A.R.S. § 23-478 — Arizona Code / Title 23 / Chapter 2 / Article 11 / Section 478
23-478 Enforcement
Status: in_force

23-478. Enforcement

A. If the division, following an inspection or investigation determines that there is reasonable cause to believe that there exists a violation of a standard or regulation the division shall issue a notice of violation directing any repairs, improvements, changes or additions necessary to eliminate the hazard. Each notice of violation shall be in writing, delivered either by mail or in person and shall contain the following:

1. A particular description of the nature of the violation, including a reference to the provision of this article or of any standard or regulation alleged to have been violated.

2. A reasonable time for the abatement of the violation.

B. Each notice of violation issued pursuant to this section or a copy or copies of such notice of violation shall be prominently posted at or near each place a violation referred to in the notice of violation existed.

C. If in the opinion of the director or the director's authorized representative the continued operation of the defective boiler, pressure vessel or lined hot water heater constitutes an immediate danger to the safety of the occupants of the establishment or the persons operating such boiler, pressure vessel or lined hot water heater the director or director's authorized representative may condemn such device and require the boiler, pressure vessel or lined hot water heater to be returned to a condition allowing safe operation before use of the boiler, pressure vessel or lined hot water heater is resumed.

D. On failure of an owner or operator to comply with either the requirements of a notice of violation issued pursuant to subsection A of this section or condemnation pursuant to this subsection, the commission may file an action in the superior court in the county where the violation occurred to enjoin the owner or operator from engaging in further acts in violation of the requirements of the notice of violation or the condemnation. Any person found to be in contempt of an injunctive order of the court shall be fined not less than fifty nor more than three hundred dollars with each day of violation constituting a separate contempt.
A.R.S. § 23-491.14 — Arizona Code / Title 23 / Chapter 2 / Article 12 / Section 491.14
23-491.14 Petition for special action to review lawfulness of decision, order or decision upon review; procedure
Status: in_force

23-491.14. Petition for special action to review lawfulness of decision, order or decision upon review; procedure

A. Any party affected by a decision of the commission or by a decision upon review pursuant to section 23-491.12 may apply to the court of appeals by a petition for special action to review the lawfulness of the decision, order or decision upon review.

B. The petition for special action provided by subsection A of this section and by section 23-491.12 shall be made returnable within ten days and shall direct the commission to certify its record, proceedings and evidence to the court of appeals. The court of appeals may quash or dismiss the petition for special action upon the grounds of dismissal applicable to civil appeals. The review shall be limited to determining whether or not the commission acted without or in excess of its power and, if findings of fact were made, whether or not such findings of fact support the order or decision. If necessary, the court may review the evidence.

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

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

E. The rules of civil procedure relating to special actions shall apply so far as applicable and not in conflict with this article.
A.R.S. § 23-553 — Arizona Code / Title 23 / Chapter 3 / Article 3 / Section 553
23-553 Day labor service agency; third party employer; duties
Status: in_force

23-553. Day labor service agency; third party employer; duties

A. A day labor service agency shall compensate day laborers for work performed by providing or making available commonly accepted negotiable instruments that are payable in cash, on demand, at a financial institution.

B. At the time of payment of wages, a day labor service agency shall provide each day laborer with an itemized statement showing in detail each deduction made from the wages.

C. In no event shall any deductions made by a day labor agency, other than those required by federal or state law, bring the day laborer's pay below federal minimum wage for the hours worked.

D. A day labor service agency shall not restrict the right of a day laborer to accept a permanent position with a third party employer to whom the day laborer has been referred to for work or restrict the right of a third party employer to offer employment to a day laborer.
A.R.S. § 23-287 — Arizona Code / Title 23 / Chapter 2 / Article 5 / Section 287
23-287 Requiring railroad employee to work longer than sixteen consecutive hours; classification
Status: in_force

23-287. Requiring railroad employee to work longer than sixteen consecutive hours; classification

A company operating a railroad in whole or in part within the state which requires a conductor, engineer, fireman, brakeman, telegraph operator or any employee who has worked in his respective capacity for sixteen consecutive hours, except in case of casualty, or actual necessity, to go on duty again, or to perform any work until he has at least nine hours rest, or an officer or agent of such company who violates or permits to be violated any provision of this section, is guilty of a petty offense.
A.R.S. § 23-1043.04 — Arizona Code / Title 23 / Chapter 6 / Article 8 / Section 1043.04
23-1043.04 Methicillin-resistant staphylococcus aureus; spinal meningitis; tuberculosis; establishing exposure; definitions
Status: in_force

23-1043.04. Methicillin-resistant staphylococcus aureus; spinal meningitis; tuberculosis; establishing exposure; definitions

A. A claim for a condition, infection, disease or disability involving or related to methicillin-resistant staphylococcus aureus, spinal meningitis or tuberculosis shall include the occurrence of a significant exposure as defined in this section and, except as provided in subsection B of this section, shall be processed and determined under this chapter and applicable principles of law.

B. Notwithstanding any other law, an employee who satisfies the following criteria presents a prima facie claim for a condition, infection, disease or disability involving or related to methicillin-resistant staphylococcus aureus, spinal meningitis or tuberculosis if the medical evidence shows to a reasonable degree of medical probability that the employee sustained a significant exposure within the meaning of this section:

1. The employee's regular course of employment involves handling of or exposure to methicillin-resistant staphylococcus aureus, spinal meningitis or tuberculosis.

2. Within thirty calendar days after a possible significant exposure that arises out of and in the course of employment, the employee reports in writing to the employer the details of the exposure. The employer shall notify its insurance carrier or claims processor of the report. Failure of the employer to notify the insurance carrier is not a defense to a claim by the employee.

3. For a claim involving methicillin-resistant staphylococcus aureus, the employee must be diagnosed with methicillin-resistant staphylococcus aureus within fifteen days after the employee reports pursuant to paragraph 2 of this subsection.

4. For a claim involving spinal meningitis, the employee is diagnosed with spinal meningitis within two to eighteen days of the possible significant exposure.

5. For a claim involving tuberculosis, the employee is diagnosed with tuberculosis within twelve weeks of the possible significant exposure.

C. On presentation or showing of a prima facie claim under this section, the employer may produce specific, relevant and probative evidence to dispute the underlying facts, to contest whether the exposure was significant as defined in this section or to establish an alternative significant exposure involving the presence of methicillin-resistant staphylococcus aureus, spinal meningitis or tuberculosis.

D. A person alleged to be a source of a significant exposure shall not be compelled by subpoena or other court order to release confidential information relating to methicillin-resistant staphylococcus aureus, spinal meningitis or tuberculosis either by document or by oral testimony. Evidence of the alleged source's methicillin-resistant staphylococcus aureus, spinal meningitis or tuberculosis status may be introduced by either party if the alleged source knowingly and willingly consents to the release of that information.

E. Notwithstanding title 36, chapter 6, article 4, medical information regarding the employee obtained by a physician or surgeon is subject to section 23-908, subsection D.

F. The commission by rule shall prescribe requirements and forms regarding employee notification of the requirements of this section and the proper documentation of a significant exposure.

G. Notwithstanding any other law, expenses for postexposure evaluation and follow-up, including reasonably required prophylactic treatment, for spinal meningitis or tuberculosis, shall be a medical benefit under section 23-1061 or 23-1062 for any significant exposure that arises out of and in the course of employment if the employee files a claim under this article for the significant exposure or the employee reports in writing to the employer the details of the exposure. Providing postexposure evaluation and follow-up, including prophylactic treatment, does not constitute acceptance of a claim for a condition, infection, disease or disability involving or related to the significant exposure.

H. For the purposes of this section:

1. "Employee" means firefighters, law enforcement officers, corrections officers, probation officers, emergency medical technicians and paramedics who are not employed by a health care institution as defined in section 36-401.

2. "Significant exposure" means exposure in the course of employment to aerosolized bacteria for claims under this section relating to methicillin-resistant staphylococcus aureus, spinal meningitis or tuberculosis.  Significant exposure includes exposure in the course of employment to bodily fluids or skin for claims under this section relating to methicillin-resistant staphylococcus aureus.
A.R.S. § 23-963.01 — Arizona Code / Title 23 / Chapter 6 / Article 4 / Section 963.01
23-963.01 Policies with deductible coverage; medical-only loss
Status: in_force

23-963.01. Policies with deductible coverage; medical-only loss

A. Notwithstanding section 23-963, an insurance carrier authorized to transact workers' compensation insurance in this state may offer deductible coverage to employers. Deductible coverage shall be effected by attaching a benefits deductible endorsement to the policy. The endorsement shall specify whether loss adjustment expenses are to be treated as advancements within the deductible to be reimbursed by the employer. The policyholder exercising the deductible option shall choose only one deductible amount. Premium reductions for deductibles shall be determined before applying any experience modification, premium surcharge or premium discount. If an insurance carrier offers deductible coverage to an employer, the employer shall submit a certified copy of the employer's most recent financial statement to the insurance carrier to justify the deductible amount the employer chooses. The insurance carrier shall retain a copy of the financial statement for three years.

B. Any compensable claim for benefits shall be paid by the carrier. The employer shall reimburse the carrier for any deductible amounts paid by the carrier. The employer is liable for reimbursement up to the limit of the chosen deductible. The payment or nonpayment of deductible amounts by the insured employer to the carrier shall be treated under the policy in the same manner as payment or nonpayment of premiums.

C. The nonpayment of deductible amounts by the insured employer to the carrier under subsection B of this section shall not relieve the insurance carrier from paying compensation for injuries or death sustained by an employee during the period of time the agreement, contract or policy was in effect. No agreements, contracts or policies providing deductible amounts for workers' compensation coverage shall be terminated retroactively for nonpayment of deductible amounts.

D. Losses subject to the deductible shall be reported and recorded as losses for purposes of calculating rates for a policyholder on the same basis as losses under policies providing first dollar coverage.

E. Notwithstanding any other law, for any claim involving medical-only loss, any experience rating adjustment as determined by a national nonprofit insurance rating organization shall be applied to reduce the impact of the loss in the employer's experience modification calculation. For the purposes of this subsection, "medical-only loss" means loss that has no indemnity value reflecting lost wages.
A.R.S. § 23-1305 — Arizona Code / Title 23 / Chapter 8 / Article 1 / Section 1305
23-1305 Prohibition of conspiracy to induce persons to refuse to work with persons not members of labor organization
Status: in_force

23-1305. Prohibition of conspiracy to induce persons to refuse to work with persons not members of labor organization

A combination or conspiracy by two or more persons to cause the discharge of any person or to cause him to be denied employment because he is not a member of a labor organization by inducing or attempting to induce any other person to refuse to work with such person, is illegal.
A.R.S. § 23-508 — Arizona Code / Title 23 / Chapter 3 / Article 1 / Section 508
23-508 Administrative funds
Status: in_force

23-508. Administrative funds

A. The state treasurer shall be the custodian of monies received from the federal government for the purpose of carrying out any federal law relating to vocational rehabilitation, and shall disburse them and any state monies available for vocational rehabilitation purposes in the manner provided by law.

B. The legislature shall annually appropriate to the department from the general fund such funds as may be necessary to carry out the purposes of this article.
A.R.S. § 23-108 — Arizona Code / Title 23 / Chapter 1 / Article 1 / Section 108
23-108 Director; employees; compensation and expenses
Status: in_force

23-108. Director; employees; compensation and expenses

A. The commission shall employ a director who is appointed by the governor pursuant to section 38-211 and who serves at the pleasure of the governor. Subject to title 41, chapter 4, article 4, the director may employ personnel as deemed necessary by the provisions of this chapter, and chapters 2 and 6 of this title.

B. The compensation of the director shall be as determined pursuant to section 38-611. The director shall have such administrative ability, education and training as the commission determines.

C. The compensation of the director and commission employees and payment of subsistence and travel expenses allowed by law shall be paid from the administrative fund.
A.R.S. § 23-311 — Arizona Code / Title 23 / Chapter 2 / Article 6 / Section 311
23-311 Definitions
Status: in_force

23-311. Definitions

In this article, unless the context otherwise requires:

1. "Commission" means the industrial commission of Arizona.

2. "Directory order" means a temporary order which becomes mandatory as provided in this article.

3. "Employee" means every minor in receipt of or entitled to compensation for labor performed for any employer.

4. "Employer" means every person, firm, corporation, agent, manager, representative, contractor, subcontractor, principal or other person having control or direction of any minor employed at any labor, or responsible directly or indirectly for the wages of another.

5. "Fair wage" means a wage both fairly and reasonably commensurate with the value of the service or class of service rendered, and sufficient to meet the minimum cost of living necessary for health.

6. "Mandatory order" means an order the violation of which is subject to the penalties prescribed in section 23-329, subsection B.

7. "Minor" means a person of either sex under the age of eighteen years. A minor employed as a part time worker whose principal occupation is that of student actually attending public or private school shall not be deemed engaged in an employment within the scope of this article.

8. "Occupation" means any class of work in any industry, trade, business, or branch thereof, in which minors are gainfully employed, but does not include domestic service in the home of an employer or agricultural labor.

9. "Oppressive and unreasonable wage" means a wage which is both less than the fair and reasonable value of the services rendered and less than sufficient to meet the minimum cost of living necessary for health.

10. "Wage" or "wages" means any compensation for labor measured by time, piece, or otherwise.

11. "Wage board" means a board created as provided in section 23-314.
A.R.S. § 23-729 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 729
23-729 Change from the standard contribution rate
Status: in_force

23-729. Change from the standard contribution rate

If an employer's account has been chargeable with benefits throughout the twelve consecutive calendar month period ending on June 30 of the preceding calendar year, the employer shall have a rate computed in accordance with section 23-730. If the employer's account has not been chargeable with benefits for that twelve month period, the employer shall pay contributions at the reduced rate of two per cent.
A.R.S. § 23-212.01 — Arizona Code / Title 23 / Chapter 2 / Article 2 / Section 212.01
23-212.01 Intentionally employing unauthorized aliens; prohibition; false and frivolous complaints; violation; classification; license suspension and revocation; affirmative defense
Status: in_force

23-212.01. Intentionally employing unauthorized aliens; prohibition; false and frivolous complaints; violation; classification; license suspension and revocation; affirmative defense

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

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

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

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

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

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

D. An action for a violation of subsection A of this section shall be brought against the employer by the county attorney in the county where the unauthorized alien employee is or was employed by the employer.  The county attorney shall not bring an action against any employer for any violation of subsection A of this section that occurs before January 1, 2008.  A second violation of this section shall be based only on an unauthorized alien who is or was employed by the employer after an action has been brought for a violation of subsection A of this section or section 23-212, subsection A.

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

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

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

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

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

(c) Order the appropriate agencies to suspend all licenses described in subdivision (d) of this paragraph that are held by the employer for a minimum of ten days.  The court shall base its decision on the length of the suspension under this subdivision on any evidence or information submitted to it during the action for a violation of this subsection and shall consider the following factors, if relevant:

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

(ii) Any prior misconduct by the employer.

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

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

(v) The duration of the violation.

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

(vii) Any other factors the court deems appropriate.

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

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

3. The violation shall be considered:

(a) A first violation by an employer at a business location if the violation did not occur during a probationary period ordered by the court under this subsection or section 23-212, subsection F for that employer's business location.

(b) A second violation by an employer at a business location if the violation occurred during a probationary period ordered by the court under this subsection or section 23-212, subsection F for that employer's business location.

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

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

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

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

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

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

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

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

L. An employer does not establish entrapment if the employer was predisposed to violate subsection A of this section and the law enforcement officers or their agents merely provided the employer with an opportunity to commit the violation.  It is not entrapment for law enforcement officers or their agents merely to use a ruse or to conceal their identity. The conduct of law enforcement officers and their agents may be considered in determining if an employer has proven entrapment.
A.R.S. § 23-1395 — Arizona Code / Title 23 / Chapter 8 / Article 5 / Section 1395
23-1395 Limitations
Status: in_force

23-1395. Limitations

A. Nothing in this article, except as otherwise specifically provided, shall be construed as to interfere with or impede or diminish in any way the right to strike, or to affect the limitations or qualifications on that right.

B. Nothing in this article prohibits any individual employed as a supervisor from becoming or remaining a member of a labor organization, but no employer subject to this article may be compelled to deem such supervisors as agricultural employees for the purpose of any law, either national or local, relating to collective bargaining.
A.R.S. § 23-392 — Arizona Code / Title 23 / Chapter 2 / Article 9 / Section 392
23-392 Overtime compensation for certain law enforcement or probation officer activities; option; definitions
Status: in_force

23-392. Overtime compensation for certain law enforcement or probation officer activities; option; definitions

A. Subject to subsection B of this section, any person engaged in law enforcement activities shall be compensated for each hour worked in excess of forty hours in one work week, unless otherwise agreed to by the employer and the person engaged in law enforcement activities, at the option of the employer at the following rates:

1. One and one-half times the regular rate at which the person is employed or one and one-half hours of compensatory time off for each hour worked if by the person's job classification overtime compensation is mandated by federal law.

2. If by the person's job classification federal law does not mandate overtime compensation, the person shall receive the regular rate of pay or compensatory leave on an hour for hour basis.

B. If an employee and employer have an agreement pursuant to subsection A of this section regarding the employee's alternate work period and the employee becomes employed in a new position with the employer, the employee may terminate the existing alternate work period agreement.

C. Subsection A of this section does not preempt agreements that supplant, revise or otherwise alter the provisions of this section, including preexisting agreements between the employer and the law enforcement officer or the law enforcement officer's lawful representative association.

D. Any person engaged in probation officer activities shall be compensated for each hour worked in excess of eighty hours in a two week work period at the option of the employer at the following rates:

1. One and one-half times the regular rate at which the person is employed or one and one-half hours of compensatory time off for each hour worked if by the person's job classification overtime compensation is mandated by federal law.

2. If by the person's job classification federal law does not mandate overtime compensation, the person shall receive the regular rate of pay or compensatory leave on an hour for hour basis.

E. Paid leave may be considered hours worked for the purpose of calculating overtime.

F. The director of the department of public safety may establish alternate work periods, in accordance with federal law, for the purpose of determining overtime compensation for those employees of the air rescue section of the department of public safety.

G. Notwithstanding subsection E of this section, an alternate work period established by the director of the department of public safety for the purpose of determining overtime compensation shall not exceed twenty-eight days or one hundred sixty hours.

H. For the purposes of this section:

1. "Person engaged in law enforcement activities":

(a) Means:

(i) A law enforcement officer as defined by section 38-1001.

(ii) A peace officer as defined by section 41-1701.

(iii) Any security personnel responsible for controlling or maintaining custody of inmates in correctional institutions maintained by this state or a county, city or town.

(iv) Any law enforcement personnel under section 41-1714 responsible for directly assisting law enforcement officers in the performance of law enforcement activities.

(b) Does not include any person employed in a bona fide executive or administrative capacity as defined by the employer.

2. "Person engaged in probation officer activities":

(a) Means a probation officer or surveillance officer who is appointed pursuant to section 8-203, 12-251 or 12-259.

(b) Does not include any person employed in a bona fide executive or administrative capacity as defined by the employer.
A.R.S. § 23-365 — Arizona Code / Title 23 / Chapter 2 / Article 8 / Section 365
23-365 Reliance on administrative rule or regulation
Status: in_force

23-365. Reliance on administrative rule or regulation

(Added with a 1998 Prop. 105 clause pursuant to L07, Ch. 272)

In any action or proceeding commenced on or after January 1, 2007, an employer or other entity is not liable if the employer or entity fails to pay the minimum wage if the employer or entity proves that the act or omission was in good faith, conformed with and relied on an administrative regulation, order, ruling, approval or interpretation, administrative practice or enforcement policy issued by the commission pursuant to and in accordance with the commission’s authority under this article.  This defense, if established, bars the action or proceeding, notwithstanding that after the act or omission, the administrative regulation, order, ruling, approval, interpretation, practice or enforcement policy is modified or rescinded or is determined by judicial authority to be invalid.
A.R.S. § 23-354 — Arizona Code / Title 23 / Chapter 2 / Article 7 / Section 354
23-354 Preference of wages in insolvency proceedings or upon death of employer
Status: in_force

23-354. Preference of wages in insolvency proceedings or upon death of employer

A. In assignments of property for benefit of creditors or in proceedings in insolvency, the wages of salesmen, clerks or laborers employed by the debtor or insolvent, to the amount of two hundred dollars each for services rendered within sixty days previous to such assignment or insolvency proceedings, are preferred claims and shall be paid by the trustee, receiver, or assignee before any other creditor is paid.

B. Upon the death of an employer, such wages of such employees rank in priority next after the funeral expenses, expenses of the last sickness, the charges and expenses of administering upon the estate and the allowance to the surviving spouse and infant children, and shall be paid before any other claims against the estate of the deceased person.
A.R.S. § 23-808 — Arizona Code / Title 23 / Chapter 5 / Article 1 / Section 808
23-808 Limitation on attorney's fee; violation; classification
Status: in_force

23-808. Limitation on attorney's fee; violation; classification

A. In an action to recover damages for death or injury of an employee under any law of the state when the death or injury was sustained by the employee in the course of one of the occupations declared hazardous by this article, it is unlawful for an attorney to knowingly receive or agree to receive a fee or compensation for services as attorney exceeding twenty-five per cent of the amount recovered and collected exclusive of costs. Any contract, agreement or device in violation of this section is void.

B. An attorney at law violating the provisions of this section forfeits all right to any fee or compensation in the action, is guilty of a class 2 misdemeanor and is subject to disbarment.
A.R.S. § 23-503 — Arizona Code / Title 23 / Chapter 3 / Article 1 / Section 503
23-503 Duties and powers
Status: in_force

23-503. Duties and powers

The department shall cooperate in carrying out the purposes of federal statutes pertaining to vocational rehabilitation. The division may adopt methods of administration found by the federal government necessary for the proper and efficient operation of agreements relating to vocational rehabilitation, and shall comply with conditions deemed necessary to secure the full benefits of such federal statutes. The division may:

1. Cooperate with other departments, divisions, agencies and institutions in providing for the vocational rehabilitation of persons with a disability and studying the problems involved therein, and in establishing, developing and providing programs, facilities and services deemed necessary or desirable.

2. Enter into reciprocal agreements with other states to provide for vocational rehabilitation of residents of the states concerned.
A.R.S. § 23-730 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 730
23-730 Variation and adjustment of contribution rates
Status: in_force

23-730. Variation and adjustment of contribution rates

For calendar year 1985 and each calendar year thereafter, variations from the standard rate of contribution shall be determined in accordance with the following requirements:

1. If the total of all an employer's contributions, paid on or before July 31 of the preceding calendar year with respect to wages paid by the employer prior to July 1 of the preceding calendar year, equals or exceeds the total benefits that were chargeable to the employer's account and were paid prior to July 1 of the preceding calendar year, with respect to weeks of unemployment beginning prior to July 1, the employer's contribution rate for the ensuing calendar year subject to the adjustments provided by this section shall be determined from the employer's positive reserve ratio in accordance with the table provided in this paragraph. An employer's positive reserve ratio is the percentage resulting from dividing the employer's reserve surplus, which is the excess of contributions paid over benefits charged by the employer's average annual taxable payroll.  If an employer's reserve equals zero, the employer's contribution rate for the ensuing calendar year shall be two and seven-tenths per cent, subject to the adjustments provided by this section.

Positive Reserve Ratio                Contribution Rate

Less than 3%                                          2.60%

At least 3% but less than 4%                          2.40%

At least 4% but less than 5%                          2.15%

At least 5% but less than 6%                          1.90%

At least 6% but less than 7%                          1.65%

At least 7% but less than 8%                          1.40%

At least 8% but less than 9%                          1.15%

At least 9% but less than 10%                         0.90%

At least 10% but less than 11%                        0.65%

At least 11% but less than 12%                        0.40%

At least 12% but less than 13%                        0.15%

13% or more                                           0.02%

2. If the total of all an employer's contributions, paid on or before July 31 of the preceding calendar year with respect to wages paid by the employer prior to July 1 of the preceding calendar year, is less than the total benefits that were chargeable to the employer's account and were paid prior to July 1 of the preceding calendar year, with respect to weeks of unemployment beginning prior to July 1, the employer's contribution rate for the ensuing calendar year shall be determined from the employer's negative reserve ratio in accordance with the table provided in this paragraph, subject to the rate adjustment provided in paragraph 3, except that the rate is subject to increases but not to reduction.  An employer's negative reserve ratio is the percentage resulting from dividing the employer's reserve deficit, which is the excess of benefits charged over contributions paid, by the employer's average annual taxable payroll. The table applicable to rate computation for calendar year 1987 and each calendar year thereafter is:

Negative Reserve Ratio Contribution Rate

Less than 3%                                          2.85%

At least 3% but less than 4%                          3.05%

At least 4% but less than 5%                          3.30%

At least 5% but less than 6%                          3.55%

At least 6% but less than 7%                          3.80%

At least 7% but less than 8%                          4.05%

At least 8% but less than 9%                          4.30%

At least 9% but less than 10%                         4.55%

At least 10% but less than 11%                        4.80%

At least 11% but less than 12%                        5.05%

At least 12% but less than 13%                        5.30%

13% or more                                           5.40%

3. The ratio of the total assets of the fund on July 31 as defined by department regulation to the total taxable payrolls for the twelve month period immediately preceding the computation date shall determine the required income rate for the ensuing calendar year in accordance with the following fund control schedule:

Fund Ratio Required Income Rate

12.0% or more                                         0.40%

At least 10.0% but less than 12.0%                    0.50%

At least 9.5% but less than l0.0%                     0.60%

At least 9.0% but less than 9.5%                      0.70%

At least 8.5% but less than 9.0%                      0.80%

At least 8.0% but less than 8.5%                      0.90%

At least 7.5% but less than 8.0%                      1.00%

At least 7.0% but less than 7.5%                      1.10%

At least 6.5% but less than 7.0%                      1.20%

At least 6.0% but less than 6.5%                      1.30%

At least 5.5% but less than 6.0%                      1.40%

At least 5.0% but less than 5.5%                      1.50%

At least 4.5% but less than 5.0%                      1.70%

At least 4.0% but less than 4.5%                      1.80%

At least 3.5% but less than 4.0%                      2.00%

At least 3.0% but less than 3.5%                      2.20%

Less than 3.0%                                        2.40%

For each calendar year the department shall compute the estimated required tax yield from employers that is the product of the total taxable payrolls for the twelve month period immediately preceding the computation date and the applicable required income rate from the fund control schedule less the interest earned on monies in the fund during the twelve month period immediately preceding the computation date and credited to the fund by the United States treasury on or before October 31 following the computation date. Except as otherwise provided by statute, the rates in paragraphs 1 and 2 shall be adjusted proportionately if the estimated required tax yield from employers exceeds or is less than the estimated yield from the rates without adjustment.

4. In computing an employer's adjusted rate as provided by paragraph 3, the adjusted rate shall be calculated to the nearest one-hundredth per cent.  An employer's adjusted rate shall not be less than two one hundredths per cent.
A.R.S. § 23-788 — Arizona Code / Title 23 / Chapter 4 / Article 6 / Section 788
23-788 Recovery of trade act overpayments
Status: in_force

23-788. Recovery of trade act overpayments

The department shall recover any overpayment made to an individual under the trade act of 1974, as amended, by deduction of the overpayment amount from any benefits payable to such individual under this chapter if required to do so by the secretary of labor, except that no single deduction under this section shall exceed fifty per cent of the benefit amount otherwise payable.
A.R.S. § 23-1604 — Arizona Code / Title 23 / Chapter 10 / Article 1 / Section 1604
23-1604 Franchisor and franchisee; owner of a mark and licensee; employment relationship; definitions
Status: in_force

23-1604. Franchisor and franchisee; owner of a mark and licensee; employment relationship; definitions

A. For the purposes of this title:

1. A franchisor is not an employer or co-employer of either a franchisee or an employee of the franchisee, unless the franchisor agrees, in writing, to assume the role of employer or co-employer of the franchisee or the employee of the franchisee.

2. The owner of a mark is not an employer or co-employer of either the licensee or an employee of the licensee, unless the owner of the mark agrees, in writing, to assume the role of employer or co-employer of the licensee or the employee of the licensee.

B. For the purposes of this section:

1. "Franchisee" has the same meaning prescribed in 16 Code of Federal Regulations section 436.1.

2. "Franchisor" has the same meaning prescribed in 16 Code of Federal Regulations section 436.1.

3. "Licensee" means a third party to whom the owner of a mark licenses the owner's mark for the purpose of independently conducting business using the licensed mark.

4. "Mark" has the same meaning prescribed in section 44-1441.
A.R.S. § 23-403 — Arizona Code / Title 23 / Chapter 2 / Article 10 / Section 403
23-403 Employer's duty
Status: in_force

23-403. Employer's duty

A. Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.

B. Each employer shall comply with occupational safety and health standards and all regulations and orders issued pursuant to this article.

C. Notwithstanding subsection A of this section, a condition or practice which is common within an industry is not deemed a recognized hazard unless a standard or regulation concerning the condition or practice has been developed pursuant to section 23-410 or 23-414.
A.R.S. § 23-629 — Arizona Code / Title 23 / Chapter 4 / Article 1.1 / Section 629
23-629 Extended benefits
Status: in_force

23-629. Extended benefits

"Extended benefits" means benefits, including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. chapter 85, payable to an individual under the provisions of this article for weeks of unemployment in his eligibility period.
A.R.S. § 23-934 — Arizona Code / Title 23 / Chapter 6 / Article 2 / Section 934
23-934 Fraud; investigations; rules
Status: in_force

23-934. Fraud; investigations; rules

A. The commission shall establish a fraud unit for the purpose of investigating fraudulent activities, statements or representations made in connection with workers' compensation claims. The fraud unit may investigate allegations of fraud either on receiving a complaint or on the fraud unit's own motion. Any allegation involving unfair claim processing practices or bad faith by an employer, self-insured employer, insurance carrier or claims processing representative shall be addressed pursuant to section 23-930.

B. The commission shall adopt rules to establish a process for receiving fraud complaints and conducting fraud investigations pursuant to this section.  The rules shall establish:

1. A process by which the fraud unit verifies claimant annual earnings reported pursuant to section 23-1047 with the department of economic security unemployment insurance information for the purpose of investigating workers' compensation fraud.

2. A process of timeliness for receiving and processing fraud complaints.

3. Criteria for determining which allegations of fraud warrant investigation.

4. Duties and authorities of fraud investigators, including issuing and serving subpoenas for witnesses and documentary evidence, taking depositions, administering oaths and examining witnesses under oath relevant to the fraud investigation.

C. If, on investigation, the fraud unit is satisfied that fraudulent activities, statements or representations were made in connection with a workers' compensation benefits or payments claim for the purpose of obtaining compensation benefits or payments, the fraud unit may report violations of law to the claimant or claimant's representative, to the reporting employer, self-insured employer or insurance carrier, to the appropriate licensing agency as defined in section 20-466.04, and to the appropriate county attorney or the attorney general for prosecution.

D. This section does not limit any of the following:

1. The authority of the commission, the department of insurance and financial institutions or any other entity to pursue any remedy pursuant to section 23-970 or 23-1028.

2. The obligation of an insurer to report a fraud claim pursuant to section 20-466, subsection G.
A.R.S. § 23-740 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 740
23-740 Procedure on petition for reassessment
Status: in_force

23-740. Procedure on petition for reassessment

If a timely petition for reassessment is filed and after any decision on the issue of liability arising under section 23-724 affecting the assessment has become final, the department shall reconsider the assessment and render a decision. The department may increase or decrease the amount of any assessment under review. The decision of the department becomes final with respect to the employer and the lien imposed by section 23-745 attaches unless within fifteen days after written notice is served personally or sent by certified mail to the employer's last known address the employer files with the department a written request for review by the appeals board with payment of the amount assessed.
A.R.S. § 23-361.02 — Arizona Code / Title 23 / Chapter 2 / Article 7 / Section 361.02
23-361.02 Paycheck deductions; authorization; civil penalty; definition
Status: in_force

23-361.02. Paycheck deductions; authorization; civil penalty; definition

A. For deductions after October 1, 2011, a public or private employer in this state shall not deduct any payment from an employee's paycheck for political purposes unless the employee annually provides written or electronic authorization to the employer for the deduction.

B. If a deduction is made from an employee's paycheck for multiple purposes after October 1, 2011, the employer shall obtain a statement from each entity to which the deductions are paid that indicates the payment is not used for political purposes or a statement that indicates the maximum percentage of the payment that is used for political purposes. The employer shall not deduct any payment beyond that specified for nonpolitical purposes without the annual written or electronic permission of the employee.

C. The attorney general shall adopt rules that describe the acceptable forms of employee authorization and entity statements under this section.

D. If an employer knowingly deducts payments in violation of subsection A of this section or an entity provides an inaccurate statement under this section, the respective employer or entity is subject to a civil penalty of at least ten thousand dollars for each violation.  The attorney general shall impose and collect the civil penalties under this subsection and shall deposit, pursuant to sections 35-146 and 35-147, all civil penalties collected pursuant to this section in the state general fund.

E. This section does not apply to any of the following:

1. A single deduction for nonpolitical purposes.

2. Deductions for savings or charitable contributions.

3. Deductions for employee health care, retiree or welfare benefits.

4. Deductions for state, local or federal taxes.

5. Deductions for contributions to a separate segregated fund pursuant to 2 United States Code section 441b(b) or section 16-916.

6. Any deduction otherwise required by law.

F. If an employee has authorized a deduction from the employee's paycheck under this section and the employee resigns membership in the association or organization for which the deduction was authorized, the employee's authorization for the deduction is rescinded upon the employer's receipt from the employee of written notice of the resignation.  The employer shall have one pay period to process the rescission.

G. This section does not preempt any federal law.

H. For the purposes of this section, employee does not include any public safety employee, including a peace officer, firefighter, corrections officer, probation officer or surveillance officer, who is employed by this state or a political subdivision of this state.

I. For the purposes of this section, "political purposes" means supporting or opposing any candidate for public office, political party, referendum, initiative, political issue advocacy, political action committee or other similar group.
A.R.S. § 23-619 — Arizona Code / Title 23 / Chapter 4 / Article 1 / Section 619
23-619 Insured work
Status: in_force

23-619. Insured work

"Insured work" means employment for employers.
A.R.S. § 23-941 — Arizona Code / Title 23 / Chapter 6 / Article 3 / Section 941
23-941 Hearing rights and procedure
Status: in_force

23-941. Hearing rights and procedure

A. Subject to section 23-947, any interested party may file a request for a hearing concerning a claim.

B. A request for a hearing shall be made in writing, be signed by or on behalf of the interested party and include the interested party's address, state that a hearing is desired and be filed with the commission.

C. The commission shall refer the request for the hearing to the administrative law judge division for determination as expeditiously as possible. The presiding administrative law judge may dismiss a request for a hearing if it appears to the presiding administrative law judge's satisfaction that the disputed issue or issues have been resolved by the parties. Any interested party who objects to such a dismissal may request a review pursuant to section 23-943.

D. At least twenty days' prior notice of the time and place of the hearing shall be served on all parties in interest. In the case of a hearing concerning suspension of benefits, pursuant to section 23-1026, 23-1027 or 23-1071, only ten days' prior notice is required. Hearings shall be held in the county where the workman resided at the time of the injury or another place selected by the administrative law judge.

E. A record of all proceedings at the hearing shall be made but need not be transcribed unless a party applies to the court of appeals for a writ of certiorari pursuant to section 23-951. The record of the proceedings, if not transcribed, shall be kept for at least two years but may be destroyed after that time if a transcription is not requested.

F. Except as otherwise provided in this section and rules of procedure established by the commission, the administrative law judge is not bound by common law or statutory rules of evidence or by technical or formal rules of procedure and may conduct the hearing in any manner that will achieve substantial justice.

G. Any party shall be entitled to issuance and service of subpoenas under section 23-921. Any party or the party's representative may serve such subpoenas.

H. Any interested party or the interested party's authorized agent shall be entitled to inspect any claims file of the commission, if such authorization is filed in writing with the commission.

I. Any interested party is entitled to one change of administrative law judge as a matter of right. To exercise the right to a change of administrative law judge, the interested party shall file a notice of change of administrative law judge. The notice of change of administrative law judge shall:

1. Be signed by the interested party or the interested party's authorized agent.

2. State the name of the administrative law judge to be changed.

3. Certify that the interested party or the interested party's authorized agent has timely filed the notice of change of administrative law judge.  A notice of change of administrative law judge as a matter of right is timely if filed not more than thirty days after the date of the notice of hearing or not more than thirty days after a new administrative law judge is assigned to the claim if another interested party or the interested party's authorized agent has filed a notice of change of administrative law judge as a matter of right.

4. Certify that the interested party or the interested party's authorized agent has not previously been granted a change of administrative law judge as a matter of right for the claim.

J. Any interested party to a hearing before the commission or the interested party's authorized agent may file an affidavit for change of administrative law judge for cause against a presiding administrative law judge that sets forth any of the grounds as provided in subsection K of this section. The chief administrative law judge shall immediately transfer the matter to another administrative law judge.  An affidavit for change of administrative law judge for cause shall be filed within the time frames provided in subsection I of this section.

K. Grounds that may be alleged as provided in subsection J of this section for change of administrative law judge for cause are:

1. That the administrative law judge has been engaged as counsel in the hearing before appointment as administrative law judge.

2. That the administrative law judge is otherwise interested in the hearing.

3. That the administrative law judge is of kin or otherwise related to a party to the hearing.

4. That the administrative law judge is a material witness in the hearing.

5. That the party filing the affidavit has cause to believe and does believe that on account of the bias, prejudice or interest of the administrative law judge the party cannot obtain a fair and impartial hearing.

L. For the purposes of subsections I and J of this section, the employer and the employer's insurance carrier are considered a single party unless the employer's and the employer's insurance company's interests are in conflict.

M. After final disposition of the proceedings in which they are used, exhibits marked for identification or introduced as evidence at hearings or proceedings that cannot be readily copied, photocopied, mechanically reproduced or otherwise preserved as a document for inclusion in the record of the proceedings may be disposed of in the following manner:

1. By written notice, the attorneys of record, or if none, the parties, shall be notified that the counsel or the party introducing the exhibit may claim it at the commission within sixty days.

2. Sixty days after notification, any exhibit remaining in the custody of the commission shall be disposed of as state surplus property pursuant to the direction of the department of administration.  A written description of the exhibit shall be included in the record to preserve the exhibit's identity.
A.R.S. § 23-318 — Arizona Code / Title 23 / Chapter 2 / Article 6 / Section 318
23-318 Power of wage board to administer oaths, issue subpoenas and take depositions
Status: in_force

23-318. Power of wage board to administer oaths, issue subpoenas and take depositions

A. The chairman of a wage board may administer oaths and require by subpoena the attendance and testimony of witnesses, the production of all books, records, and other evidence relative to matters under investigation. The subpoenas shall be signed and issued by the chairman of the wage board, and shall be served and shall have the same effect as if issued from superior courts.

B. Obedience to subpoenas issued by authority of the wage board shall be enforced in the superior court of the county in which the subpoena is issued.

C. A wage board may cause depositions of witnesses residing within or without the state to be taken in the manner prescribed for taking depositions in civil actions in the superior courts.
A.R.S. § 23-745 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 745
23-745 Lien for unpaid contributions, interest and penalties
Status: in_force

23-745. Lien for unpaid contributions, interest and penalties

If any contributions, payments in lieu of contributions, interest or penalties which the department is required to collect are not paid, the unpaid amounts are a lien from the date the amounts became due as determined by the department on all property and rights to property, whether real or personal, belonging to the employer or thereafter acquired by the employer.
A.R.S. § 23-491.04 — Arizona Code / Title 23 / Chapter 2 / Article 12 / Section 491.04
23-491.04 Commission powers and duties
Status: in_force

23-491.04. Commission powers and duties

A. The commission shall:

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

2. Promulgate standards and regulations pursuant to section 23-491.06 as required and promulgate such other rules and regulations and exercise such other powers as are necessary to carry out this article.

B. The commission, by rule and regulation, may set fees not to exceed the actual cost for inspections performed pursuant to this article.
A.R.S. § 23-648 — Arizona Code / Title 23 / Chapter 4 / Article 2 / Section 648
23-648 Manpower services
Status: in_force

23-648. Manpower services

A. There shall be established and maintained by the department free public employment offices in such number and in such places as may be necessary for the proper administration of this chapter and for the purpose of performing such duties as are within the purview of the act of Congress entitled "an act to provide for the establishment of a national employment system and for cooperation with the states in the promotion of such system, and for other purposes" approved June 6, 1933.

B. The provisions of the act of Congress, as amended, referred to in subsection A, are accepted by this state in conformity with section 4 of such act, and this state will observe and comply with the requirements thereof.

C. The department is designated and constituted the agency of this state for the purpose of the act of Congress, as amended, referred to in subsection A. The department shall cooperate with any official or agency of the United States having powers or duties under the provisions of the act of Congress, as amended, and shall do and perform all things necessary to secure to this state the benefits of that act, as amended, in the promotion and maintenance of a system of public employment offices.

D. The department shall not engage in any activity under this section not prescribed by federal or state law or federal regulation.

E. The department shall not participate or engage in radio, television or newspaper advertising of specific job openings unless prescribed pursuant to federal law.
A.R.S. § 23-634.01 — Arizona Code / Title 23 / Chapter 4 / Article 1.1 / Section 634.01
23-634.01 Denial of benefits for failure to accept suitable work or actively seek work; definition
Status: in_force

23-634.01. Denial of benefits for failure to accept suitable work or actively seek work; definition

A. Notwithstanding section 23-776, an individual who is found by the department, with respect to any week in an eligibility period which begins from and after April 4, 1981, to have failed to apply for or accept available suitable work to which he was referred by the department or to have failed to actively engage in seeking work is disqualified from receiving extended benefits. The disqualification shall begin with the week in which the failure occurred and continue until the individual has been employed in each of four subsequent weeks, whether or not consecutive, and has earned remuneration equal to not less than four times his weekly benefit amount.

B. An individual shall not be denied extended benefits for failure to accept an offer of or apply for available suitable work as defined in subsection G of this section, if:

1. The position was not offered to the individual in writing or was not listed with the department.

2. The failure would not result in a denial of benefits under section 23-776 to the extent that the criteria of suitability in section 23-776 are not inconsistent with this section.

C. If an individual furnishes evidence satisfactory to the department that prospects for obtaining work in his customary occupation within a reasonably short period are good, the determination of whether any work is suitable with respect to the individual shall be made in accordance with the provisions of section 23-776 without reference to the definition contained in this section.

D. Work shall not be considered suitable work under this section if it would not be considered suitable under section 23-776, subsection C.

E. For the purposes of this section, an individual shall be treated as actively engaged in seeking work during any week if the department finds from tangible evidence provided by the individual that he has engaged in a systematic and sustained effort to obtain work during such week.

F. The department shall refer an individual entitled to extended benefits under this chapter to any work which is suitable work.

G. For the purposes of this section, "suitable work" with respect to any individual means work within the individual's capabilities in which:

1. The gross average weekly wages payable for the work exceed the sum of the individual's weekly benefit amount plus the amount of any supplemental unemployment benefits payable to the individual for such week.

2. The wages for the work are at least equal to the higher of:

(a) The minimum wages provided by section 6(a)(1) of the fair labor standards act of 1938, without regard to any exemption.

(b) The state or local minimum wage.
A.R.S. § 23-742 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 742
23-742 Adjustment or refund of contribution; limitation
Status: in_force

23-742. Adjustment or refund of contribution; limitation

A. Not later than three years after the date on which any contribution or interest on a contribution becomes due, an employer who has paid the contribution or interest may apply for an adjustment of the contribution or interest in connection with subsequent contribution payments, or for a refund of the contribution or interest in the event the adjustment cannot be made. If the department finds the contribution or interest, or any part of the contribution or interest, was erroneously collected, it shall allow the employer to make an adjustment, without interest, in connection with subsequent contribution payments, or if the adjustment cannot be made the department shall refund the amount, without interest, from the fund into which payments were made. For like cause and within the same period, the adjustment or refund may be made on the initiative of the department.

B. Any refund or adjustment of contributions erroneously paid shall be reduced by the sum of any benefit overpayments which are attributable to the wages on which contributions are to be refunded or adjusted, except that a reduction shall not be made if it is shown to the satisfaction of the department that such contributions were required to be paid due to the fault, mistake or omission of the department.
A.R.S. § 23-738.01 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 738.01
23-738.01 Deficiency assessment; petition for reassessment
Status: in_force

23-738.01. Deficiency assessment; petition for reassessment

A. If the department finds through its audit or claims-taking procedures that the return filed by an employer is deficient, the department may compute the amount required to be paid on the basis of any information in the department's possession and make an assessment of the amount of the deficiency. The department shall add to the deficiency assessment made under this section, subject to waiver for good cause shown, a penalty of one-tenth of one percent of the difference between the wages paid during the quarter and the wages reported during the quarter, but not more than two hundred dollars and interest as prescribed by section 23-736. If the deficiency is due to fraud or an intent to evade payment of contributions, the department shall add to the amount due a penalty equal to twenty-five percent of the amount due. The department shall promptly notify the employer of any deficiency.

B. An employer against whom a deficiency assessment is made may petition for reassessment within thirty days after written notice of the assessment is served personally or sent by certified mail to the employer's last known address. If the petition for reassessment is not filed within thirty days, the amount of the assessment becomes final and the lien imposed by section 23-745 attaches.
A.R.S. § 23-603 — Arizona Code / Title 23 / Chapter 4 / Article 1 / Section 603
23-603 Agricultural labor; definitions; exemption
Status: in_force

23-603. Agricultural labor; definitions; exemption

A. "Agricultural labor" means and includes all service performed prior to January 1, 1972, that was agricultural labor as defined in this section prior to that date, and that remunerated service performed after December 31, 1971:

1. On a farm, in the employ of any person, in connection with cultivating the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training and management of livestock, bees, poultry, and fur-bearing animals and wildlife.

2. In the employ of the owner or tenant or other operator of a farm, in connection with the operation, management, conservation, improvement or maintenance of the farm and its tools and equipment or in salvaging timber or clearing land of brush and other debris left by a hurricane, if the major part of the service is performed on a farm.

3. In connection with the production or harvesting of any commodity defined as an agricultural commodity in section 15(g) of the agricultural marketing act, as amended (46 Stat. 1550, sec. 3; 12 United States Code section 1141j), or in connection with the ginning of cotton or in connection with the operation or maintenance of ditches, canals, reservoirs or waterways, not owned or operated for profit, used exclusively for supplying and storing water for farming purposes.

4. In the employ of the operator of a farm in handling, planting, drying, packing, packaging, processing, freezing, grading, storing or delivering to storage or to market, or to a carrier for transportation to market, in its unmanufactured state, any agricultural or horticultural commodity, but only if the operator produced more than one-half of the commodity with respect to which the service is performed and only if the service is performed as an incident to ordinary farming operations or, in the case of fruits and vegetables, as an incident to the preparation of the fruits or vegetables for market.

5. In the employ of a group of operators of farms, or a cooperative organization of which the operators are members, in the performance of service described in paragraph 4 of this subsection, but only if the operators produced more than one-half of the commodity with respect to which the service is performed.

6. On a farm operated for profit if the service is not in the course of the employer's trade or business.

B. For the purposes of this section, "farm" includes stock, dairy, poultry, fruit, fur-bearing animal and truck farms and plantations, ranches, nurseries, ranges, greenhouses or other similar structures that are used primarily for raising agricultural or horticultural commodities, including orchards.

C. Notwithstanding section 23-617, paragraph 1, service as prescribed by subsection A of this section that is performed after December 31, 1977, by an individual who is an alien admitted to the United States to perform agricultural labor pursuant to sections 214(c) and 101(a)(15)(H) of the immigration and nationality act is exempt employment during any period in which it does not meet the definition of employment in section 23-615, subsection A, paragraph 10.

D. Subsection A, paragraphs 4 and 5 of this section do not apply to service performed in connection with commercial canning or commercial freezing or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption.
A.R.S. § 23-722 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 722
23-722 Reports of employing unit; information confidential; report of banking institution; disclosure of information; violation; classification
Status: in_force

23-722. Reports of employing unit; information confidential; report of banking institution; disclosure of information; violation; classification

A. The department, the appeals board or an appeal tribunal may require from an employing unit sworn or unsworn reports with respect to persons employed by it which it deems necessary for the effective administration of this chapter. Information thus obtained shall not be published or open to public inspection, other than to public employees in the performance of their duties or to an agent of the department designated as such in writing for the purpose of accomplishing certain of the department's functions, in any manner revealing the employing unit's identity, except that a claimant at a hearing before an appeal tribunal, the appeals board or the department shall be supplied with the information from the records to the extent necessary for the proper presentation of his claim and the employer shall be furnished a complete copy of the case record on request.

B. The department may request the comptroller of the currency of the United States to make an examination of the correctness of any return or report of a national banking association rendered pursuant to this chapter and may in connection with such request transmit the report or return to the comptroller of the currency of the United States as provided in section 3305 of the federal internal revenue code.

C. An employee or an agent of the department who violates any provision of this section is guilty of a class 3 misdemeanor.
A.R.S. § 23-476 — Arizona Code / Title 23 / Chapter 2 / Article 11 / Section 476
23-476 Safety standards and regulations
Status: in_force

23-476. Safety standards and regulations

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

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

2. Proposed standards or regulations, or both, shall be submitted to the commission for its approval.

B. Any person who may be adversely affected by a standard or regulation issued pursuant to this article may at any time prior to the sixtieth day after such standard or regulation is promulgated file a complaint challenging the validity of such standard or regulation with the superior court of the county in which the person resides or has his or her principal place of business, for a judicial review of such standard or regulation. The filing of such a complaint shall not, unless otherwise ordered by the court, operate as a stay of the standard or regulation. The determinations of the commission shall be conclusive if supported by substantial evidence in the record considered as a whole.

C. In case of conflict between standards and regulations, the regulations shall take precedence.
A.R.S. § 23-493.07 — Arizona Code / Title 23 / Chapter 2 / Article 14 / Section 493.07
23-493.07 Causes of action based on test results
Status: in_force

23-493.07. Causes of action based on test results

A. No cause of action is or may be established for any person against an employer who has established a program of drug testing or alcohol impairment testing in accordance with this article, unless the employer's action was based on a false positive test result and the employer knew or clearly should have known that the result was in error and ignored the true test result because of reckless or malicious disregard for the truth or the wilful intent to deceive or be deceived.

B. In any claim, including a claim under this article, if it is alleged that an employer's action was based on a false positive test result:

1. There is a rebuttable presumption that the test result was valid if the employer complied with the provisions of this article.

2. The employer is not liable for monetary damages if its reliance on a false positive test result was reasonable and in good faith.

C. There is no employer liability for any action taken related to a false negative drug test or alcohol impairment test.
A.R.S. § 23-493.05 — Arizona Code / Title 23 / Chapter 2 / Article 14 / Section 493.05
23-493.05 Disciplinary procedures
Status: in_force

23-493.05. Disciplinary procedures

An employer may take adverse employment action based on a positive drug test or alcohol impairment test. On receipt of a positive drug test or alcohol impairment test result that indicates a violation of the employer's written policy, on the refusal of an employee or prospective employee to provide a drug testing sample or on the refusal of an employee to provide an alcohol impairment testing sample, an employer may use that test result or test refusal as a basis for disciplinary or rehabilitative actions that may include any of the following:

1. A requirement that the employee enroll in an employer provided or employer approved rehabilitation, treatment or counseling program, which may include additional drug testing and alcohol impairment testing, participation in which may be a condition of continued employment and the costs of which may or may not be covered by the employer's health plan or policies.

2. Suspension of the employee, with or without pay, for a designated period of time.

3. Termination of employment.

4. In the case of drug testing, refusal to hire a prospective employee.

5. Other adverse employment action.
A.R.S. § 23-637 — Arizona Code / Title 23 / Chapter 4 / Article 1.1 / Section 637
23-637 Beginning and termination of extended benefit period
Status: in_force

23-637. Beginning and termination of extended benefit period

A. Whenever an extended benefit period is to become effective in this state as a result of an Arizona on indicator, or an extended benefit period is to be terminated in this state as a result of an Arizona off indicator, the department shall make an appropriate public announcement.

B. Computations required by the provisions of section 23-631 shall be made in accordance with regulations prescribed by the department and the United States secretary of labor.
A.R.S. § 23-1605 — Arizona Code / Title 23 / Chapter 10 / Article 1 / Section 1605
23-1605 Motor carriers; employment status; safety improvement; definitions
Status: in_force

23-1605. Motor carriers; employment status; safety improvement; definitions

A. The deployment, implementation or use of safety improvement by or as required by a motor carrier or its related entity, including by contract, may not be considered when evaluating a person's status as an employee, independent contractor or jointly employed employee under any state law.

B. For the purposes of this section:

1. "Motor carrier" has the same meaning prescribed in section 28-5201.

2. "Safety improvement" means any device, equipment, software, technology, procedure, training, policy, program or operational practice intended and primarily used to improve or facilitate any of the following:

(a) Compliance with traffic safety or motor carrier safety laws.

(b) Safety of a motor vehicle.

(c) Safety of the operation of a motor vehicle.

(d) Safety of third-party users of a public highway as defined in section 28-5201.
A.R.S. § 23-771 — Arizona Code / Title 23 / Chapter 4 / Article 6 / Section 771
23-771 Eligibility for benefits
Status: in_force

23-771. Eligibility for benefits

A. An unemployed individual is eligible to receive benefits with respect to any week only if the department finds that the individual:

1. Has registered for work at and thereafter has continued to report at an employment office in accordance with the regulations prescribed by the department.

2. Has made a claim for benefits in accordance with section 23-772.

3. Is able to work.

4. Except for an individual who is applying for shared work benefits pursuant to article 5.1 of this chapter, is available for work and both of the following apply:

(a) The individual has engaged in a systematic and sustained effort to obtain work during at least four days of the week.

(b) The individual has made at least one job contact per day on four different days of the week.

5. Has been unemployed for a waiting period of one week. A week is not counted as a week of unemployment for the purpose of this paragraph:

(a) Unless it occurs within the benefit year that includes the week with respect to which the individual claims payment of benefits.

(b) Unless the individual was eligible for benefits with respect to the week as provided in this section and sections 23-775, 23-776 and 23-777.

(c) If benefits have been paid in respect to the week.

6. Has met one of the following requirements:

(a) Has been paid wages for insured work during the individual's base period equal to at least one and one-half times the wages paid to the individual in the calendar quarter of the individual's base period in which the wages were highest, and the individual has been paid wages for insured work in one calendar quarter of the individual's base period equal to an amount that is equal to at least three hundred ninety times the minimum wage prescribed by section 23-363 that is in effect when the individual files a claim for benefits.

(b) For a benefit year beginning on or after September 2, 1984, has been paid wages for insured work during at least two quarters of the individual's base period and the amount of the wages paid in one quarter would be sufficient to qualify the individual for the maximum weekly benefit amount payable under this chapter and the total of the individual's base-period wages is equal to or greater than the taxable limit as specified in section 23-622, subsection B, paragraphs 1 and 2.

7. Following the beginning date of a benefit year established under this chapter or the unemployment compensation law of any other state and before the effective date of a subsequent benefit year under this chapter, has performed services whether or not in employment as defined in section 23-615 for which wages were payable in an amount equal to or in excess of eight times the weekly benefit amount for which the individual is otherwise qualified under section 23-779. In making a determination under this paragraph, the department shall use information available in its records or require the individual to furnish necessary information within thirty days after the date notice is given that the information is required.

B. If an unemployed individual cannot establish a benefit year as defined in section 23-609 due to receipt during the base period of compensation for a temporary total disability pursuant to chapter 6 of this title, or any similar federal law, the individual's base period shall be the first four of the last five completed calendar quarters immediately preceding the first day of the calendar week in which the disability began. Wages previously used to establish a benefit year may not be reused. This subsection does not apply unless all of the following occur:

1. The individual has filed a claim for benefits not later than the fourth calendar week of unemployment after the end of the period of disability.

2. The claim is filed within two years after the period of disability begins.

3. The individual meets the requirements of subsection A of this section.

4. The individual has attempted to return to the employment where the temporary total disability occurred.

C. If an unemployed individual is a member of the national guard or other reserve component of the United States armed forces, the individual is not considered to be either employed or unavailable for work by reason of the individual's participation in drill, training or other national guard or reserve activity that occurs on not more than one weekend per month or in lieu of a weekend drill or the equivalent.

D. The department shall not disqualify an individual from receiving benefits under this chapter on the basis of the individual's separation from employment if the individual is a victim of domestic violence and leaves employment due to a documented case involving domestic violence pursuant to section 13-3601 or 13-3601.02. Benefits paid to an individual pursuant to this subsection shall not be charged against an employer's account pursuant to section 23-727, subsection G.

E. The department shall not disqualify an individual from receiving benefits under this chapter on the basis of the individual's separation from employment if the individual was terminated from employment for not receiving a COVID-19 vaccine or COVID-19 booster shot required by the employer.  Benefits paid to an individual pursuant to this subsection shall not be charged against an employer's account pursuant to section 23-727 if the employer's requirement that employees receive the COVID-19 vaccine or COVID-19 booster shot is required by law.

F. For the purposes of subsection A, paragraph 6 of this section, wages shall be counted as wages for insured work for benefit purposes with respect to any benefit year only if that benefit year begins subsequent to the date on which the employing unit by which those wages were paid has become an employer subject to this chapter.
A.R.S. § 23-942 — Arizona Code / Title 23 / Chapter 6 / Article 3 / Section 942
23-942 Awards of administrative law judge; contents; disposition and effect
Status: in_force

23-942. Awards of administrative law judge; contents; disposition and effect

A. On the conclusion of any hearing, or prior thereto with concurrence of the parties, the administrative law judge promptly, and not later than thirty days after the matter is submitted for decision, shall determine the matter and make an award in accordance with the administrative law judge's determination.

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

C. The award shall become a part of the commission file. A copy of the award shall be served on all parties in interest.

D. The award is final when entered unless within thirty days after the date on which a copy of the award is served to the parties, one of the parties files a request for review under section 23-943. The award shall contain a statement explaining the rights of the parties under section 23-943.
A.R.S. § 23-104 — Arizona Code / Title 23 / Chapter 1 / Article 1 / Section 104
23-104 Seal; copies of orders or records as evidence
Status: in_force

23-104. Seal; copies of orders or records as evidence

A. The commission shall have an official seal for the authentication of its orders and proceedings. Upon the seal shall be engraved the words, "industrial commission of Arizona" and such other design as the commission prescribes.

B. Copies of orders of records of the commission certified by the secretary of the commission under its seal shall be admissible in evidence.
A.R.S. § 23-795 — Arizona Code / Title 23 / Chapter 4 / Article 6 / Section 795
23-795 Contract educational providers; definition
Status: in_force

23-795. Contract educational providers; definition

A. Notwithstanding sections 23-779 and 23-780, benefits based on service for a contract educational provider shall not be paid to an individual for any week of unemployment that begins during a period between two successive academic years or terms if both of the following are true:

1. The individual performs these services in the first of the successive academic years or terms.

2. There is a reasonable assurance that the individual will perform the same services in the second of the academic years or terms.

B. If benefits are denied to an individual under subsection A of this section and the individual was not offered an opportunity to perform these services for the employer for the second successive academic year or term, the individual is entitled to a retroactive payment of benefits for each week to which both of the following apply:

1. The individual filed a timely claim for benefits.

2. The benefits were denied solely by reason of subsection A of this section.

C. Benefits based on service for a contract educational provider shall not be paid to an individual for any week of unemployment that begins during an established and customary vacation period or holiday recess if both of the following are true:

1. The individual performs these services in the period immediately before the vacation period or holiday recess.

2. There is a reasonable assurance that the individual will perform the services in the period immediately following the vacation period or holiday recess.

D. For the purposes of this section, "contract educational provider" means a private, for-profit entity that is approved by the department of education to provide and does provide special education services to pupils from schools that offer instruction in kindergarten programs and grades one through twelve.
A.R.S. § 23-682 — Arizona Code / Title 23 / Chapter 4 / Article 3 / Section 682
23-682 Service of documents by electronic means
Status: in_force

23-682. Service of documents by electronic means

Notwithstanding section 41-1002, subsection B and section 41-1063, the appeal tribunal or appeals board, as an alternative to any other means of service permitted or required by any law, may serve or deliver any notice, decision or order or any other document by electronic means if the party being served consents in writing or on the record to service by electronic means.  Service by electronic means is deemed complete on transmission.
A.R.S. § 23-1105 — Arizona Code / Title 23 / Chapter 6 / Article 12 / Section 1105
23-1105 Heart-related, perivascular and pulmonary cases; firefighters; presumption; definition
Status: in_force

23-1105. Heart-related, perivascular and pulmonary cases; firefighters; presumption; definition

A. A heart-related, perivascular or pulmonary injury, illness or death of a firefighter is presumed to be an occupational disease as defined in section 23-901, paragraph 13, subdivision (c), compensable pursuant to section 23-1043.01 and deemed to arise out of employment if all of the following apply:

1. The firefighter passed a physical examination before employment and the examination did not indicate evidence of heart-related, perivascular or pulmonary injury or illness.

2. The firefighter received a physical examination that is reasonably aligned with the national fire protection association standard on comprehensive occupational medical program for fire departments (NFPA 1582).

3. The firefighter was exposed to a known event and the heart-related, perivascular or pulmonary injury, illness or death occurred within twenty-four hours after the exposure and was reasonably related to the exposure.

B. The presumption provided in subsection A of this section may be rebutted by a preponderance of the evidence that there is a specific cause of the heart-related, perivascular or pulmonary injury, illness or death other than the employment.

C. Subsection A of this section does not apply if there is evidence that the firefighter's exposure to cigarettes or tobacco products outside the scope of the firefighter's official duties is a substantial contributing cause in the development of the heart-related, perivascular or pulmonary injury, illness or death.

D. For the purposes of this section, "firefighter" means a firefighter or volunteer firefighter as described in section 23-901, paragraph 6, subdivision (d).
A.R.S. § 23-419 — Arizona Code / Title 23 / Chapter 2 / Article 10 / Section 419
23-419 Imminent dangers
Status: in_force

23-419. Imminent dangers

A. The superior court has jurisdiction upon filing of a verified complaint by the commission to restrain any conditions or practices in any place of employment which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this article. Any order issued under this section may require such steps to be taken as may be necessary to avoid, correct or remove such imminent danger and prohibit the employment or presence of any individual in locations or under conditions where such imminent danger exists, except individuals whose presence is necessary to avoid, correct or remove such imminent danger or to maintain the capacity of a continuous process operation to resume normal operations or where a cessation of operations is necessary, to permit such to be accomplished in a safe and orderly manner.

B. Upon the filing of any such complaint the superior court has jurisdiction to grant such injunctive relief or temporary restraining order pending the outcome of an enforcement proceeding pursuant to this article. The proceeding shall be as provided by the rules of civil procedure.

C. Whenever, and as soon as the commission or its authorized representative concludes that conditions or practices described in subsection A exist in any place of employment, it shall inform the affected employees and employers of the danger and that it is recommending that relief be sought.

D. If the commission or its authorized representative arbitrarily or capriciously fails to seek relief under this section, any employee who may be injured by reason of such failure or the representative of such employees may bring an action against the commission in superior court for a writ of mandamus to compel the commission to seek such an order and for such further relief as may be appropriate.
A.R.S. § 23-741 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 741
23-741 Payment of amounts in dispute
Status: in_force

23-741. Payment of amounts in dispute

Notwithstanding section 23-742, the department shall refund any payment of contributions, payment in lieu of contributions, interest or penalties subsequently determined not due as a result of an appeal to the notice issued by the department pursuant to section 23-724, 23-732, 23-733, 23-738, 23-738.01, 23-739, 23-740 or 23-750.
A.R.S. § 23-205 — Arizona Code / Title 23 / Chapter 2 / Article 1 / Section 205
23-205 Employee scheduling; state preemption; exemptions
Status: in_force

23-205. Employee scheduling; state preemption; exemptions

A. A city, town or county may not adopt an ordinance, resolution or other regulation that requires an employer to alter or adjust any employee scheduling unless the alteration or adjustment is required by state or federal law.  The regulation of employee scheduling is a matter of statewide concern and is not subject to further regulation by a city, town or county.

B. This section does not prohibit:

1. City, town or county scheduling requirements that apply to employees of the city, town or county.

2. A city or town from prescribing security personnel scheduling in specific accordance with a public safety plan ordinance that was adopted by a city or town on or before January 1, 2016.
A.R.S. § 23-418.01 — Arizona Code / Title 23 / Chapter 2 / Article 10 / Section 418.01
23-418.01 Additional penalty for wilful or repeated violation causing employee permanent disability or death covered by workers' compensation; payment to employee; enforcement
Status: in_force

23-418.01. Additional penalty for wilful or repeated violation causing employee permanent disability or death covered by workers' compensation; payment to employee; enforcement

A. An additional penalty of twenty-five thousand dollars shall be assessed by the commission against an employer who is assessed a penalty under section 23-418, subsection A for each employee injury resulting in permanent disability or death if the commission finds all of the following:

1. The employee injury resulting in permanent disability or death was caused by the violation for which the employer is assessed a penalty under section 23-418, subsection A.

2. Compensation benefits are paid under chapter 6 of this title either:

(a) To the injured employee.

(b) In the event of death, to the employee's dependents.  The requirement of this subdivision is satisfied if an employee did not have any dependents for which compensation benefits would have otherwise been paid under chapter 6 of this title.

3. The violation for which the employer is assessed a penalty under section 23-418, subsection A did not result from the injured or deceased employee's disobedience to specific instructions given to the employee regarding the job condition causing the employee's injury or death or relating to the safety standards applicable to that job condition.

B. Each additional penalty assessed under subsection A of this section shall be paid to the injured employee, or in the event of death, the employee's dependents or the employee's estate if the employee did not have any dependents, in addition to the benefits paid under chapter 6 of this title.

C. If an employer requests a hearing on an additional penalty assessed under this section, the commission shall refer the request for hearing to the office of administrative hearings for determination. An additional penalty under this section that becomes final shall operate as a judgment against the employer and may be enforced by either the commission or the injured employee, or in the case of death, the employee's dependents or the employee's estate if the employee did not have any dependents, and all lawful remedies for the collection of judgments, including provisional remedies, shall be available. This section does not create any right of action or recovery against the employer's workers' compensation insurance carrier, and the additional penalty provided by this section is not a compensation benefit under chapter 6 of this title and is not subject to the payment of attorney fees.
A.R.S. § 23-425 — Arizona Code / Title 23 / Chapter 2 / Article 10 / Section 425
23-425 Employee discharge or discrimination
Status: in_force

23-425. Employee discharge or discrimination

A. No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this article or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this article.

B. Any employee who believes that he has been discharged or otherwise discriminated against by any person in violation of this section may within thirty days after such violation occurs, file a complaint with the commission alleging such discrimination. Upon receipt of such complaint, the commission shall cause such investigation to be made as it deems appropriate. If upon such investigation, the commission determines that the provisions of this section have been violated, it shall bring an action in any appropriate superior court against such person. In any such action the superior court shall have jurisdiction for cause shown to restrain violations of subsection A and order all appropriate relief including rehiring or reinstatement of the employee to his former position with back pay.

C. Within ninety days of the receipt of a complaint filed under this section the commission shall notify the complainant of its determination under subsection B.
A.R.S. § 23-232 — Arizona Code / Title 23 / Chapter 2 / Article 3 / Section 232
23-232 Prohibited employments of persons under the age of sixteen
Status: in_force

23-232. Prohibited employments of persons under the age of sixteen

A. In addition to the prohibited employments under section 23-231, unless a variance is granted pursuant to section 23-241, a person shall not employ or allow a person under the age of sixteen years to work in, about or in connection with:

1. Manufacturing.

2. Processing.

3. Laundering or dry cleaning in a commercial laundry.

4. Warehousing.

5. Construction.

6. Boiler, furnace or engine rooms.

7. Occupations, including window washing, involving work from a ladder, scaffold, window sill or similar structure or place more than five feet in height.

8. Any of the following activities in a retail food or gasoline service establishment:

(a) Maintenance or repair of machines or equipment of the establishment, except work in connection with cars and trucks if confined to dispensing gasoline and oil, courtesy service, car cleaning, washing and polishing but not including work involving the inflation of any tire mounted on a rim equipped with a removable retaining ring.

(b) Cooking and baking, except at soda fountains, lunch counters, snack bars or cafeteria serving counters.

(c) Setting up, adjusting, cleaning, oiling or repairing power-driven food slicers, grinders, choppers and cutters.

(d) All work in preparation of meats for sale, except wrapping, sealing, labeling, weighing, pricing and stocking.

9. Any of the following activities in agriculture:

(a) Operating a tractor over twenty power take off horsepower that is not equipped with a rollover protective structure and seatbelts.

(b) Connecting or disconnecting an implement or any of its parts to or from a tractor over twenty power take off horsepower.

(c) Operating a corn picker, cotton picker, grain combine, hay mower, forage harvester, hay baler, potato harvester, mobile pea viner, feed grinder, crop dryer, forage blower, auger conveyor or self-unloading wagon, power post hole digger, power-driven nonwalking rotary type tiller, trencher or earthmoving equipment or potato combine. In this subdivision "operating" means starting, stopping, adjusting, feeding or any other activity regarding physical conduct associated with such machines and machinery.

(d) Working in a pen occupied by a bull, boar or stud horse maintained for breeding purposes, a sow with young pigs or a cow with a newborn calf.

(e) Felling, bucking, skidding or unloading timber with butt more than six inches in diameter.

(f) Picking or pruning from a ladder over eight feet in height.

(g) Riding on a tractor as a helper or driving a bus, truck or automobile.

(h) Working inside a fruit storage area or grain storage area designed to retain an oxygen deficient or toxic atmosphere, an upright silo within two weeks after silage has been added, a manure pit or operating a tractor for packing purposes in a horizontal silo.

(i) Handling hazardous agricultural chemicals.

(j) Handling explosives.

(k) Transporting, transferring or applying anhydrous ammonia.

B. The industrial commission may by regulation declare any other occupation to be dangerous to lives or limbs or injurious to the health and morals of persons under sixteen years of age and prohibit the employment or allowance to work in, about or in connection with the occupations by such persons unless a variance is granted.
A.R.S. § 23-1063 — Arizona Code / Title 23 / Chapter 6 / Article 9 / Section 1063
23-1063 Apportionment of compensation
Status: in_force

23-1063. Apportionment of compensation

Compensation to a dependent widow or widower shall be for the use and benefit of the widow or widower and the dependent children, and the commission may, upon proper application at any time during the duration of such payments, apportion the compensation between them in such way as it deems best for the interest of all beneficiaries.
A.R.S. § 23-562 — Arizona Code / Title 23 / Chapter 3 / Article 4 / Section 562
23-562 Professional employer agreements; rights; notice
Status: in_force

23-562. Professional employer agreements; rights; notice

A. A professional employer agreement shall:

1. Govern the co-employment relationship between the client and the professional employer organization and between each co-employer and each covered employee.

2. Reserve to the client the right to direct and control covered employees to the extent necessary to conduct the client's business and to discharge any fiduciary responsibility or to comply with any licensing requirement that applies to the client or a covered employee.

3. Require the professional employer organization to pay the wages of covered employees, to withhold, collect, report and remit payroll-related and unemployment taxes and to make payment for employee benefits for covered employees.  For the purposes of this paragraph, wages do not include obligations between a client and a covered employee that exceed a covered employee's salary, bonuses, commissions, severance pay, deferred compensation, profit sharing or vacation, sick or other paid time off pay unless the professional employer organization expressly agrees to assume liability for the additional obligations in the professional employer agreement.

4. Permit both the professional employer organization and client to have a right to hire, terminate and discipline covered employees.

5. Specify whether the client or the professional employer organization will purchase and maintain the workers' compensation policy for covered employees from a carrier that is licensed to conduct business in this state.  If the professional employer organization purchases the workers' compensation policy, the professional employer organization shall maintain and, if requested by the client on termination of the agreement, be able to provide to the client records regarding the loss experience related to the workers' compensation insurance that is provided to the covered employees.

B. A professional employer agreement shall not:

1. Affect, modify or amend any collective bargaining agreement or any rights or obligations of any client, professional employer organization or covered employee that are required under the federal national labor relations act, the federal railway labor act or this title.

2. Affect, modify or amend any state, local or federal licensing, registration or certification that is required by any client or covered employee.

3. With respect to a bid, contract, purchase order or agreement entered into with this state or a political subdivision of this state, affect the status of a client's company as a small, minority-owned, disadvantaged or woman-owned business enterprise or as a historically underutilized business because the client entered into a professional employment agreement with a professional employer organization.

4. Diminish, abolish or remove any rights of covered employees to any clients or obligations of clients to any covered employees that existed before the effective date of a professional employer agreement.

5. Terminate an employment relationship that existed before the effective date of a professional employer agreement.

6. Establish new or additional enforceable rights of a covered employee against a professional employer organization that are not specifically allocated to the professional employer organization under the professional employer agreement or this article.

C. Unless specifically provided in a professional employer agreement or this article:

1. The client shall perform all responsibilities that otherwise apply to an employer in an employment relationship.

2. The professional employer organization shall perform only the responsibilities that are specifically required under this article or a professional employer agreement.  The rights, duties and obligations of a professional employer organization as a co-employer with respect to any covered employee are limited to the responsibilities that are contained in the professional employer agreement and that arise during the term of co-employment by the professional employer organization for the covered employees.

D. Every professional employer organization that enters into a professional employer agreement shall provide notice to each covered employee who is affected by the agreement.  The notice may be included in the form of the employment documents that a covered employee completes for the professional employer organization.
A.R.S. § 23-235 — Arizona Code / Title 23 / Chapter 2 / Article 3 / Section 235
23-235 Exemptions
Status: in_force

23-235. Exemptions

A. Sections 23-231, 23-232 and 23-233 do not apply to persons:

1. Employed by a grandparent, brother, sister, aunt, uncle, first cousin, stepparent or parent, including a relative of the same degree through marriage or adoption, or person in loco parentis in occupations in which the grandparent, brother, sister, aunt, uncle, first cousin, stepparent or parent or person in loco parentis owns at least ten percent of the employing organization and such owner is actively engaged in the daily operation of the organization, if either:

(a) The person is under eighteen years of age and is not engaged in manufacturing or mining occupations.

(b) The person is between sixteen and eighteen years of age and is engaged in manufacturing or mining occupations.

2. Employed as stars or performers in motion picture, theatrical, radio or television productions if before the beginning of production the production company provides the department of labor of the industrial commission with the name and address of the person, the length, location and hours of employment and any other information required by the department.

3. Involved in career education programs.

4. Involved in vocational or technical training school programs pursuant to title 15, chapter 7, article 5.

5. Employed as apprentices and registered by the bureau of apprenticeship and training of the United States department of labor in accordance with the standards established by that bureau or registered by the apprenticeship council or employed under a written apprenticeship agreement and conditions that are found by the secretary of labor to conform substantially with such federal or state standards.

6. Trained under either the 4-H federal extension service or the United States office of education vocational agriculture training programs, if employed outside school hours on the equipment for which they have been trained.

7. Who have completed vocational or career education programs approved by the department of education if the programs are directly related to the prohibited occupation or employment or if working in the prohibited occupation is part of the vocational or career education program.

8. Who are married.

9. Who have a high school diploma or its equivalent.

10. Who are minors and who have been emancipated pursuant to title 12, chapter 15.

B. Sections 23-231 and 23-232 do not apply to:

1. The operation of power-driven equipment used in the care and maintenance of lawns and shrubbery not connected to retail, food service and gasoline service establishments.

2. Clerical employment in an office in which duties are performed without exposure to the hazards described or defined in this article.
A.R.S. § 23-491.05 — Arizona Code / Title 23 / Chapter 2 / Article 12 / Section 491.05
23-491.05 Division powers
Status: in_force

23-491.05. Division powers

The division may:

1. Inspect conveyances when deemed necessary or appropriate by the division.

2. Recommend to the commission for approval or disapproval standards and regulations and amendments to such standards and regulations.

3. Enforce, pursuant to section 23-491.09, all standards and regulations promulgated by the commission.
A.R.S. § 23-103 — Arizona Code / Title 23 / Chapter 1 / Article 1 / Section 103
23-103 Organization; quorum
Status: in_force

23-103. Organization; quorum

A majority of the commission shall constitute a quorum to transact business. When a vacancy occurs in the commission, the remaining commissioners may exercise all the powers of the commission until the vacancy is filled.
A.R.S. § 23-723 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 723
23-723 Penalties for failure to file timely or complete contribution and wage reports
Status: in_force

23-723. Penalties for failure to file timely or complete contribution and wage reports

A. An employing unit which fails to file on or before the due date prescribed by department regulation a quarterly contribution and wage report required by the department in the administration of this chapter, shall pay to the department for each such delinquent report, subject to waiver for good cause shown, a penalty of one-tenth of one per cent of the total wages paid during the quarter, but not less than thirty-five dollars, nor more than two hundred dollars.

B. Amounts collected as penalties under the provisions of this section shall be deposited by the department in the special administration fund.
A.R.S. § 23-783 — Arizona Code / Title 23 / Chapter 4 / Article 6 / Section 783
23-783 Assignment or pledge of benefits void; exemption from attachment or execution; waiver of exemption void
Status: in_force

23-783. Assignment or pledge of benefits void; exemption from attachment or execution; waiver of exemption void

A. No assignment, pledge or encumbrance of the right to benefits which are or may become due or payable under this chapter shall be valid, and the rights to benefits shall be exempt from levy, execution, attachment or any other remedy provided for the collection of debts. Benefits received by an individual, as long as they are not commingled with other funds of the recipient, shall be exempt from any remedy for the collection of all debts except debts incurred for necessaries furnished to the individual or his or her spouse or dependents during the time when the individual was unemployed. No waiver of an exemption provided for in this section shall be valid.

B. This section does not apply to actions to recover child support obligations which are being enforced by the department pursuant to a plan under the child support enforcement act, as amended, which has been approved by the United States secretary of health and human services under part D of title IV of the social security act, as amended.

C. This section does not apply to actions to recover overissuances of food stamp coupons pursuant to section 13(c)(3)(A) or (B) of the food stamp act of 1977.
A.R.S. § 23-737.02 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 737.02
23-737.02 Recovery of collection costs; fee for bad checks
Status: in_force

23-737.02. Recovery of collection costs; fee for bad checks

A. A debtor who fails to pay any contributions, payments in lieu of contributions, penalties, interest or fees imposed under this chapter is liable for all costs and expenses incurred by the department to collect these amounts. The department may collect these costs and expenses at the time of collecting the delinquent contributions, payments in lieu of contributions, penalties, interest and fees.

B. The department may charge and collect a fee of twenty-five dollars from any person who offers a check, draft, negotiable order of withdrawal or similar instrument drawn on a bank or other depository institution in full or partial payment of an amount due under this chapter if the instrument is not paid or is dishonored by the institution. The department may waive the fee if the person shows good cause for the nonpayment or dishonor of the instrument.
A.R.S. § 23-636 — Arizona Code / Title 23 / Chapter 4 / Article 1.1 / Section 636
23-636 Total extended benefit amount; certain adjustments
Status: in_force

23-636. Total extended benefit amount; certain adjustments

A. Except as provided in subsection D of this section, the total extended benefit amount payable to an eligible individual with respect to his applicable benefit year shall be the least of the following amounts:

1. Fifty per cent of the total amount of regular benefits which were payable to him under this chapter in his applicable benefit year; or

2. Thirteen times his weekly benefit amount which was payable to him under this chapter for a week of total unemployment in the applicable benefit year.

B. If the amount computed in accordance with subsection A or D of this section is not a multiple of one dollar, it shall be computed to the next lower multiple of one dollar.

C. Notwithstanding any other provision of this chapter, if the benefit year of an individual ends within an extended benefit period, the remaining balance of extended benefits that such individual would be entitled to receive in that extended benefit period, with respect to weeks of unemployment beginning after the end of the benefit year, shall be reduced by the product of the number of weeks for which the individual received any trade readjustment allowances within that benefit year, multiplied by the individual's weekly extended benefit amount.

D. With respect to a high unemployment period, the amounts in subsection A of this section shall be applied by substituting the following:

1. In subsection A, paragraph 1 of this section, eighty for fifty.

2. In subsection A, paragraph 2 of this section, twenty for thirteen.

E. Subsection D of this section only applies from and after January 31, 2009 until the week ending three weeks before the last week the federal sharing is authorized by Public Law 111-5, section 2005(a) or the week ending December 12, 2009, whichever is later.

F. For the purposes of subsection D of this section, "high unemployment period" means any period during which an extended benefit period applies if eight per cent is substituted for six and one-half per cent in section 23-630, subsection A, paragraph 3, subdivision (a).
A.R.S. § 23-968 — Arizona Code / Title 23 / Chapter 6 / Article 4 / Section 968
23-968 Notification to employer by carrier
Status: in_force

23-968. Notification to employer by carrier

At the request of an employer the insurance carrier shall notify such employer of monies paid relating to a workman of the employer during the preceding month.
A.R.S. § 23-1386 — Arizona Code / Title 23 / Chapter 8 / Article 5 / Section 1386
23-1386 Agricultural employment relations board; members; terms; appointment
Status: in_force

23-1386. Agricultural employment relations board; members; terms; appointment

A. An agricultural employment relations board is established that consists of seven members.

B. The governor shall appoint the members of the board. Two of the members shall be appointed as representatives of agriculture employers, two of the members appointed shall be representatives of organized agricultural labor and the three additional members, one of whom shall be the chairman of the board, shall be appointed as representatives of the general public. The term of office of the members is five years. On the initial appointment, one of the labor representatives shall be appointed for a term of one year, one of the representatives of the general public shall be appointed for a term of one year, one of the agricultural representatives shall be appointed for a term of two years, one of the representatives of the general public shall be appointed for a term of two years, one of the agricultural representatives shall be appointed for a term of three years, one of the labor representatives shall be appointed for a term of four years, and one of the public members of the board shall be appointed for a term of five years. Any individual appointed to fill a vacancy of any member shall be appointed only for the unexpired portion of the term of the member he is succeeding. Members of the board may be removed from office by the governor on notice and a hearing for neglect of duty or malfeasance in office but for no other cause.

C. The governor shall appoint two alternate members. One of the alternates shall be appointed as a representative of organized agricultural labor and the other as a representative of agriculture. Alternates shall be appointed for terms of five years. Any individual appointed to fill a vacancy of any alternate shall be appointed only for the unexpired portion of the term of the alternate he is succeeding. Alternates may be removed from office by the governor on notice and a hearing for neglect of duty or malfeasance in office, but for no other cause. No alternate may participate in deliberations of the board except in the absence of a board member representing his area of interest.

D. The governor shall appoint a general counsel of the board. The general counsel is the exclusive legal representative of the board, has final authority, on behalf of the board, with respect to the investigation of charges and the issuance of complaints under section 23-1390 and with respect to the prosecution of such complaints by the board, and has such other duties as the board may prescribe or as may be provided by law. The general counsel shall appoint such assistants as needed to carry out the work of the office.

E. A vacancy on the board does not impair the right of the remaining members to exercise all of the powers of the board, and four members constitute a quorum of the board. The board shall have an official seal that is judicially recognized.

F. The principal office of the board shall be in the city of Phoenix, but it may meet and exercise any of its powers at any other place.

G. The board may meet in executive session on the decision of a majority of the members of the board.

H. Meetings of the board may be called by the chairman or by a majority of the members of the board by giving written notice to the chairman who shall notify all of the members of the board as to the time and place of the board meeting.
A.R.S. § 23-794 — Arizona Code / Title 23 / Chapter 4 / Article 6 / Section 794
23-794 School bus contractors with educational institutions; definition
Status: in_force

23-794. School bus contractors with educational institutions; definition

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

B. Benefits based on service by a school bus contractor for an educational institution shall not be paid to an individual for any week of unemployment that begins during an established and customary vacation period or holiday recess if the individual performs these services in the period immediately before the vacation period or holiday recess and if there is a reasonable assurance that the individual will perform the services in the period immediately following the vacation period or holiday recess.

C. For the purposes of this section, "school bus" has the same meaning as prescribed in section 28-101.
A.R.S. § 23-380 — Arizona Code / Title 23 / Chapter 2 / Article 8.1 / Section 380
23-380 Public education and outreach
Status: in_force

23-380. Public education and outreach

(Caution:  1998 Prop. 105 applies)

The commission may develop and implement a multilingual outreach program to inform employees, parents and persons who are under the care of a health care provider about the availability of earned paid sick time under this article.  This program may include the distribution of notices and other written materials in English, Spanish, and any language deemed appropriate by the commission to all child care and elder care providers, domestic violence shelters, schools, hospitals, community health centers and other health care providers.
A.R.S. § 23-624 — Arizona Code / Title 23 / Chapter 4 / Article 1 / Section 624
23-624 Plan maintained by an employer
Status: in_force

23-624. Plan maintained by an employer

"Plan maintained by an employer" shall not include any plan to which the employer does not contribute funds.
A.R.S. § 23-932 — Arizona Code / Title 23 / Chapter 6 / Article 2 / Section 932
23-932 Violations; classification
Status: in_force

23-932. Violations; classification

A person who violates any provision of this chapter, commits any act therein prohibited, knowingly fails or refuses to perform any duty thereby imposed within the time prescribed by law or by the commission, or knowingly fails or refuses to obey an order of the commission or a judgment of a court made and entered under the provisions of this chapter, for which no penalty or punishment is otherwise specifically provided, is guilty of a class 6 felony.
A.R.S. § 23-1701 — Arizona Code / Title 23 / Chapter 11 / Article 1 / Section 1701
23-1701 Definitions
Status: in_force

23-1701. Definitions

In this article, unless the context otherwise requires:

1. "Commission" means the industrial commission of Arizona.

2. "Firefighter" has the same meaning prescribed in section 23-901.09.

3. "Fire investigator" has the same meaning prescribed in section 23-901.09.

4. "Fund" means the municipal firefighter cancer reimbursement fund.

5. "Municipal payor" means any of the following:

(a) A workers' compensation insurer used by a city or town.

(b) A self-insurance program approved pursuant to section 23-961 used by a city or town.

(c) A public agency pool that is established pursuant to section 11-952.01 and that is used by a city or town.
A.R.S. § 23-638 — Arizona Code / Title 23 / Chapter 4 / Article 1.1 / Section 638
23-638 Credits and charges to employer accounts
Status: in_force

23-638. Credits and charges to employer accounts

Extended benefits paid to an individual shall be charged against the accounts of his base-period employers in the same manner and under the same conditions as regular benefits except that:

1. One-half of the total charges to a base-period employer other than a government entity referred to in section 23-750, subsection A, paragraph 2, for extended benefits paid to an individual shall not be used as a factor in determining the future contribution rate of such employer. If the base-period employer is a governmental entity, the total charges against such governmental base-period employer for extended benefits paid for weeks of unemployment beginning on or after January 1, 1979, shall be used as a factor in determining the future contribution rate of such governmental employer.

2. One-half of the extended benefits paid to an individual which are based on base-period wages paid by an employing unit other than a governmental entity referred to in section 23-750, subsection A, paragraph 2, which is making payments in lieu of contributions shall not be reimbursable to the department by such employing unit. A governmental entity which is making payments in lieu of contributions shall reimburse the department for the total amount of extended benefits paid for weeks of unemployment beginning on or after January 1, 1979, to an individual which are based on base-period wages paid by such governmental entity.
A.R.S. § 23-242 — Arizona Code / Title 23 / Chapter 2 / Article 3 / Section 242
23-242 Applicability of other laws
Status: in_force

23-242. Applicability of other laws

No provision of this article alters or excuses noncompliance with any applicable federal statute or regulation relating to the employment of child labor. If both federal law and the provisions of this article are applicable, the law with the higher standard governs.
A.R.S. § 23-803 — Arizona Code / Title 23 / Chapter 5 / Article 1 / Section 803
23-803 Hazardous occupations
Status: in_force

23-803. Hazardous occupations

The following occupations are hazardous within the meaning of this article:

1. The operation of steam railroads, electrical railroads, street railroads by locomotives, engines, trains, motors or cars of any kind propelled by steam, electricity, cable or other mechanical power, including construction, use or repair of machinery, plants, tracks, switches, bridges or roadbeds, upon, over and by which the railroad is operated.

2. All work when making, using or necessitating dangerous proximity to gunpowder, blasting powder, dynamite, compressed air or other explosive.

3. The erection or demolition of a bridge, building or structure in which there is, or in which the plans and specifications require, iron or steel frame work.

4. The operation of elevators, elevating machines, derricks or hoisting apparatus used within or on the outside of a bridge, building or other structure for conveying materials in connection with the erection or demolition of the bridge, building or structure.

5. All work on ladders or scaffolds of any kind elevated twenty feet or more above the ground or floor beneath used in the erection, construction, repair, painting or alteration of a building, bridge, structure or other work in which a ladder or scaffold is used.

6. All work of construction, operation, alteration or repair where wires, cables, switchboards or other apparatus or machinery are in use which are charged with electrical current.

7. All work in the construction, alteration or repair of pole lines for telegraph, telephone or other purposes.

8. All work in or about quarries, open pits, open cuts, mines, ore reduction works and smelters.

9. All work in the construction and repair of tunnels, subways and viaducts.

10. All work in mills, shops, works, yards, plants and factories where steam, electricity or any other mechanical power is used to operate machinery and appliances in and about the premises.
A.R.S. § 23-429 — Arizona Code / Title 23 / Chapter 2 / Article 10 / Section 429
23-429 Employer and employee representation
Status: in_force

23-429. Employer and employee representation

Notwithstanding the provisions of section 32-261, any affected employee or employer may designate any person or persons to represent him for the purpose of proceedings before any administrative law judge or review board under this article.
A.R.S. § 23-804 — Arizona Code / Title 23 / Chapter 5 / Article 1 / Section 804
23-804 Posting of notices by employer
Status: in_force

23-804. Posting of notices by employer

Every employer employing workmen in a hazardous occupation shall, by rules, regulations or instructions, inform all employees in such occupations as to the duties and restrictions of their employment for the purpose of protecting the safety of employees in their employment.
A.R.S. § 23-933 — Arizona Code / Title 23 / Chapter 6 / Article 2 / Section 933
23-933 Priority of judgment against assets of employer
Status: in_force

23-933. Priority of judgment against assets of employer

Judgments obtained in any action prosecuted by the commission or by the state under the authority of this chapter shall have the same priority against the assets of the employer as claims for taxes.
A.R.S. § 23-502 — Arizona Code / Title 23 / Chapter 3 / Article 1 / Section 502
23-502 Rehabilitation services
Status: in_force

23-502. Rehabilitation services

The department shall provide vocational rehabilitation service to persons with a disability who are eligible as provided by this article.
A.R.S. § 23-494 — Arizona Code / Title 23 / Chapter 2 / Article 15 / Section 494
23-494 Noncompete clause prohibition; broadcast employees; definitions
Status: in_force

23-494. Noncompete clause prohibition; broadcast employees; definitions

A. As a condition of employment, it is unlawful for a broadcast employer to require a current or prospective employee to agree to a noncompete clause.

B. For the purposes of this section:

1. "Broadcast employer" means an employer that is a television station, television network, radio station or radio network.

2. "Noncompete clause" means a clause in an employment contract with a broadcast employer that prohibits an employee from working in a specific geographic area for a specific period of time after leaving employment with the broadcast employer.
A.R.S. § 23-491.06 — Arizona Code / Title 23 / Chapter 2 / Article 12 / Section 491.06
23-491.06 Development of standards and regulations
Status: in_force

23-491.06. Development of standards and regulations

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

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

2. Proposed standards or regulations, or both, shall be submitted to the commission for approval.

B. Any person who may be adversely affected by a standard or regulation issued under this article may, at any time within sixty days after such standard or regulation is promulgated by the commission, file a complaint challenging the validity of such standard or regulation with the superior court in the county in which the person resides or has the person's principal place of business, for a judicial review of such standard or regulation. The filing of a complaint shall not, unless otherwise ordered by the court, operate as a stay of the standard or regulation.  The determinations of the commission shall be conclusive if supported by substantial evidence in the record considered as a whole.

C. In case of conflict between standards and regulations, the regulations shall take precedence.
A.R.S. § 23-216 — Arizona Code / Title 23 / Chapter 2 / Article 2 / Section 216
23-216 Independent contractors; applicability
Status: in_force

23-216. Independent contractors; applicability

For the purposes of this article, independent contractor status applies to an individual who performs services and is not an employee pursuant to section 3508 of the internal revenue code.
A.R.S. § 23-351 — Arizona Code / Title 23 / Chapter 2 / Article 7 / Section 351
23-351 Designation of paydays for employees; payment; exceptions; violation; classification; applicability; definition
Status: in_force

23-351. Designation of paydays for employees; payment; exceptions; violation; classification; applicability; definition

A. Each employer in this state shall designate two or more days in each month, not more than sixteen days apart, as fixed paydays for payment of wages to the employees.

B. Notwithstanding subsection A of this section, each employer in this state whose principal place of business is located outside of this state and whose payroll system is centralized outside of this state may designate one or more days in each month as fixed paydays for payment of wages to the following employees:

1. Professional, administrative or executive employees or employees employed in the capacity of an outside salesman as those terms are defined under the fair labor standards act of 1938, as amended.

2. Employees employed in a supervisory capacity as defined under the national labor relations act.

C. Each employer, on each of the regular paydays, shall pay to the employees all wages due the employees up to that date, except:

1. In the case of employees remaining in the service of any such employer, with the exception of school district employees or persons employed by an employee leasing firm that contracts with a school district, all wages other than overtime or exception pay not to exceed five days of labor may be withheld.  School districts or employee leasing firms that contract with a school district may withhold wages for up to seven business days during their normal two-week payroll processing cycle. An employer other than a school district or employee leasing firm that contracts with a school district may satisfy the requirements of this paragraph by any of the following:

(a) Personally delivering the wages to the employee not later than five business days after the end of the most recent pay period.

(b) Depositing the wages in the United States mail not later than five business days after the end of the most recent pay period for delivery to an address specified by the employee.

(c) Personally delivering the wages to the employee not later than ten days after the end of the most recent pay period for an employer whose payroll system is centralized outside of this state.

2. In the case of employees of school districts or of the Arizona state schools for the deaf and the blind, the annual salary may be prorated in any number of payments, and the employee may select whether to have the salary prorated or paid during the actual months worked. If the employee's salary is prorated, all payments still due at the close of the school attendance year or fiscal year may at the option of the employee be paid in either a lump sum or paid within a period of two months after the close of the fiscal year.  If the employee's salary is prorated, the employee's salary under the contract may be prorated into equal payments and paid beginning with the first pay period that the employee works.

3. Overtime or exception pay shall be paid not later than sixteen days after the end of the most recent pay period.

D. An employer may choose one of the following methods to pay wages to employees under subsection A of this section:

1. In lawful currency of the United States.

2. In negotiable bank checks.

3. In the case of this state or any political subdivision of this state, warrants payable on demand and bearing even date with the payday.

4. With the written consent of the employee, by deposit on the payday to the employee's credit at a financial institution of the employee's choice that is a member of the federal deposit insurance corporation or any other comparable federal or state agency.

5. If the employer has offered deposit on the payday to the employee's credit at a financial institution of the employee's choice that is a member of the federal deposit insurance corporation or any other comparable federal or state agency and the employee does not provide consent and does not designate a financial institution, by deposit on the payday to the employee's credit to a payroll card account.

E. When an employee's wages are paid by deposit in a financial institution the employee shall be furnished with a written or electronic statement of the employee's earnings and withholdings. Any wage deposit plan adopted by an employer shall entitle the employee to one withdrawal for each deposit, free of any service charge to the employee. The consent of an employee for payment of wage by deposit in a financial institution shall not constitute a prior assignment of wages to the financial institution and is revocable at any time before the transmittal to the financial institution by the employer. A person shall not be denied employment, be discharged or be reprimanded for refusal to consent to payment of wage by deposit in a financial institution.

F. When an employee's wages are paid to a payroll card account the employee shall be furnished with a written or electronic statement of the employee's earnings and withholdings.  A payroll card account plan adopted by an employer shall entitle the employee to one free withdrawal for each deposit of wages per pay period but not more frequently than once per week.  An employer shall also provide a list of all fees associated with the use of an employer provided payroll card account to an employee who receives wages by deposit to a payroll card account.

G. Subsection B of this section does not apply to employees whose salaries are subject to provisions of collective bargaining agreements.

H. Each employer in this state, in its discretion, may pay all wages due to an employee by deposit on the payday at a financial institution of the employee's choice or, if the employee does not designate a financial institution, to a payroll card account. For the purposes of this subsection, "financial institution" means a member of the federal deposit insurance corporation or of any other comparable federal or state agency.

I. Any employer who violates this section is guilty of a petty offense.

J. The provisions of subsection C, paragraph 1 of this section relating to the payment of wages by an employee leasing firm that contracts with a school district apply only to employees of the employee leasing firm who are placed at a school district and not to any other employees who are employed or contracted by the employee leasing firm.

K. For the purposes of this section, "employee leasing firm" means a company that places its contracted, leased and coemployed employees in administrator, certified, classified or extracurricular positions with a school district.
A.R.S. § 23-491 — Arizona Code / Title 23 / Chapter 2 / Article 12 / Section 491
23-491 Definitions
Status: in_force

23-491. Definitions

In this article, unless the context otherwise requires:

1. "Authorized representative" means the elevator chief and elevator inspector employed by the division.

2. "Certificate" means a certificate of inspection issued by the division.

3. "Commission" means the industrial commission of Arizona.

4. "Conveyance" means an elevator, dumbwaiter, escalator, moving walk, manlift, personnel hoist, material hoist, stage lift and special purpose personnel elevator, excluding conveyances located at mines and subject to regulation and inspection by the state mine inspector pursuant to title 27, chapter 3.

5. "Director" means the director of the division of occupational safety and health.

6. "Division" means the division of occupational safety and health of the industrial commission.

7. "Dumbwaiter" means a hoisting and lowering mechanism with a car of limited capacity and size that moves in guides in a substantially vertical direction and that is used exclusively for carrying material.

8. "Elevator" means a hoisting and lowering mechanism equipped with a car or platform that moves in guides in substantially vertical direction and that serves two or more floors of a building or structure.

9. "Elevator company" means a person that is engaged in the business of erecting, constructing, installing, altering, servicing, repairing or maintaining conveyances.

10. "Escalator" means a power driven, inclined, continuous stairway used for raising or lowering passengers.

11. "Interested party" means the commission and its agents and the owner or operator who has been issued a correction order.

12. "Manlift" means a device consisting of a power driven endless belt moving in one direction only and provided with steps or platforms and attached handholds for the transportation of personnel from floor to floor.

13. "Material hoist" means a hoist for raising and lowering materials only and prohibiting the hoisting of persons.

14. "Moving walk" means a type of passenger carrying device on which passengers stand or walk and in which the passenger carrying surface remains parallel to its direction of motion and is uninterrupted.

15. "Owner" or "operator" means an individual or organization including this state and all political subdivisions of this state who has title to, controls or has the duty to control the operation of one or more conveyances, but shall not include an individual or organization engaged in mining or metallurgical operations whose operation is subject to regulation and inspection by the state mine inspector pursuant to title 27, chapter 3.

16. "Personnel hoist" means a mechanism for use in connection with the construction, alteration, maintenance or demolition of a building, structure or other work, used for hoisting and lowering workers and materials and equipped with a car that moves on guide members during its vertical movement. The term includes a hoistway of a personnel hoist.

17. "Private elevator inspector" means an individual who is authorized by the commission under section 23-491.16 to conduct inspections under this article.

18. "Special purpose personnel elevator" means a passenger, hand powered, counterweighted device or an electric powered device that travels vertically in guides and that serves two or more landings.

19. "Stage lift" means a hoisting and lowering mechanism equipped with a platform that moves in guides in a substantially vertical direction and that serves one or more landings.
A.R.S. § 23-241 — Arizona Code / Title 23 / Chapter 2 / Article 3 / Section 241
23-241 Application for variation; contents; notice; denial; hearing
Status: in_force

23-241. Application for variation; contents; notice; denial; hearing

A. A person who desires a variation from this article or a modification or renewal of a variation granted under this section shall file a written application with the director of the department of labor of the industrial commission containing the following information:

1. The name and address of the firm, the name and title of the person filing the application, the name and date of birth of the person under the age of eighteen years and the name and address of the school the person under the age of eighteen years is attending if the person is attending school.

2. The address of the place of employment involved and the type of business.

3. A specific description of the variation, modification or renewal sought.

4. A statement detailing how the granting of the variation would be in the best interests of the person under the age of eighteen years and the community.

5. A statement indicating any training the person under the age of eighteen years has received in the proposed employment, including a copy of certification of successful completion of any training program.

6. The maximum hours to be worked in the employment on a daily and weekly basis.

7. The scale of wages and the method and timing of payment of wages.

8. A statement of how the safety, health and personal well-being of the person under the age of eighteen years would be protected.

9. The name of the immediate supervisors and the frequency of supervision.

10. The approval of the parent or guardian.

B. The director, after conducting an investigation and evaluation of the jobsite and application, shall notify the parties concerned by mail of the granting of a variation, modification or renewal including any prescribed terms and conditions.

C. If a variation is granted, the employer shall retain a copy of the variation at the place of employment of the person under the age of eighteen years.

D. The director may decline to consider an application for a variation on a subject, issue or employer if a cease and desist order has been issued or an investigation is proceeding.

E. On denial of a variation, modification or renewal by the director, the applicant may request a hearing by the industrial commission. The industrial commission shall conduct the hearing pursuant to title 41, chapter 4, article 1.
A.R.S. § 23-623 — Arizona Code / Title 23 / Chapter 4 / Article 1 / Section 623
23-623 Week
Status: in_force

23-623. Week

"Week" means such period of seven consecutive days as the commission may by regulation prescribe.
A.R.S. § 23-507 — Arizona Code / Title 23 / Chapter 3 / Article 1 / Section 507
23-507 Hearings
Status: in_force

23-507. Hearings

A person applying for or receiving vocational rehabilitation service who is aggrieved by an action of the division may appeal to the director, subject to rules and regulations of the department.
A.R.S. § 23-1393 — Arizona Code / Title 23 / Chapter 8 / Article 5 / Section 1393
23-1393 Court jurisdiction
Status: in_force

23-1393. Court jurisdiction

A. Any person who is aggrieved or is injured in his business or property by reason of any violation of this article, or a violation of an injunction issued as provided in this section, may sue in the superior court in the county having jurisdiction of the parties for recovery of any damages resulting from the unlawful action, regardless of where such unlawful action occurred and regardless of where such damage occurred, including costs of the suit and reasonable attorney fees. On the filing of the suit the court also has jurisdiction to grant injunctive relief or a temporary restraining order as it deems just and proper. Petitions for injunctive relief or temporary restraining orders shall be heard expeditiously. Petitions for temporary restraining orders alleging a violation of section 23-1385 shall be heard forthwith and if the petition alleges that substantial and irreparable injury to the petitioner is unavoidable such temporary restraining orders may be issued pursuant to rule 65 of the Arizona rules of civil procedure.

B. In the case of a strike or boycott, or threat of a strike or boycott, against an agricultural employer, the court may grant, and on proper application shall grant as provided in this section, a ten day restraining order enjoining such a strike or boycott, provided that if an agricultural employer invokes the court's jurisdiction to issue the ten day restraining order to enjoin a strike as provided by this subsection, the employer as a condition must agree to submit the dispute to binding arbitration as the means of settling the unresolved issues. If the parties cannot agree on an arbitrator within two days after the court awards a restraining order, the court shall appoint one to decide the unresolved issues. Any agricultural employer is entitled to injunctive relief accorded by rule 65 of the Arizona rules of civil procedure on the filing of a verified petition showing that his agricultural employees are unlawfully on strike or are unlawfully conducting a boycott, or are unlawfully threatening to strike or boycott, and that the resulting cessation of work or conduct of a boycott will result in the prevention of production or the loss, spoilage, deterioration or reduction in grade, quality or marketability of an agricultural commodity or commodities for human consumption in commercial quantities. For the purpose of this subsection, an agricultural commodity or commodities for human consumption with a market value of five thousand dollars or more constitutes commercial quantities.

C. For the purpose of this article, the superior court has jurisdiction of a labor organization in this state if such organization maintains its principal office in this state, or if its duly authorized officers or agents are engaged in promoting or protecting the interests of agricultural employee members or in the solicitation of such prospective members in this state.

D. The service of any summons, subpoena or other legal process of the superior court on an officer or agent of a labor organization, in his capacity as such, constitutes service on the labor organization.

E. Any labor organization that represents employees as defined in this article, and any agricultural employer, are bound by the acts of its agents. Any such labor organization may sue or be sued as an entity and in behalf of the employees whom it represents in the courts of this state.

F. For the purposes of this article, in determining whether any person is acting as an agent of another person in order to make the other person responsible for his acts, the question of whether the specific acts performed were actually authorized or subsequently ratified is not controlling. Nothing in this section shall be deemed to preclude an agent being sued both in his capacity as an agent and as an individual.
A.R.S. § 23-1323 — Arizona Code / Title 23 / Chapter 8 / Article 2 / Section 1323
23-1323 Injunctive relief; damages
Status: in_force

23-1323. Injunctive relief; damages

A.  Unlawful picketing, trespassory assembly, unlawful mass assembly, concerted interference with lawful exercise of business activity and engaging in a secondary boycott are illegal and a person against whom any of these activities is directed or who is injured by these activities is entitled to injunctive relief from these activities. Any person or persons calling or conducting any of these activities is liable to any person injured by these activities for damages, prejudgment interest, litigation costs and reasonable attorney fees. These damages include lost sales and business, lost profits and loss in value of the business. If a person calling or conducting these activities acted in bad faith or disobeyed a court order, including an injunction issued pursuant to this subsection, the person is liable for punitive damages.

B. Nothing in this article shall be construed to imply the legality of any act or conspiracy illegal under the laws of this state before November 24, 1952. Any labor organization, subdivision or local thereof shall be bound by and liable for the acts of its agents, and may sue or be sued in its common name.
A.R.S. § 23-240 — Arizona Code / Title 23 / Chapter 2 / Article 3 / Section 240
23-240 Rules and regulations
Status: in_force

23-240. Rules and regulations

The commission shall promulgate such rules and regulations as are necessary to carry out the provisions of this article.
A.R.S. § 23-1302 — Arizona Code / Title 23 / Chapter 8 / Article 1 / Section 1302
23-1302 Prohibition of agreements denying employment because of nonmembership in labor organization
Status: in_force

23-1302. Prohibition of agreements denying employment because of nonmembership in labor organization

No person shall be denied the opportunity to obtain or retain employment because of nonmembership in a labor organization, nor shall the state or any subdivision thereof, or any corporation, individual, or association of any kind enter into an agreement, written or oral, which excludes a person from employment or continuation of employment because of nonmembership in a labor organization.
A.R.S. § 23-479 — Arizona Code / Title 23 / Chapter 2 / Article 11 / Section 479
23-479 Hearing rights and procedures
Status: in_force

23-479. Hearing rights and procedures

A. Any interested party may request a hearing before the commission to contest the notice of violation issued pursuant to this article.

B. A request for hearing shall be made in writing, signed by or on behalf of the interested party and include such party's address. The request shall also state with particularity the violation or abatement period which is being protested. The request for hearing shall be filed within fifteen days from the issuance of the notice of violation or the notice of violation will be deemed final and admitted. For the purposes of this section "filed" means actually received at an office of the commission.

C. The commission shall refer the request for the hearing to the administrative law judge division for determination as expeditiously as possible. The presiding administrative law judge may dismiss a request for hearing if it appears that the disputed issues have been resolved by the parties. Any interested party who objects to such dismissal may request a review pursuant to section 23-481.

D. At least twenty days' prior notice of the time and place of the hearing shall be given to all parties in interest by mail at their last known address. Hearings shall be held in the county where the alleged violation occurred or such other place selected by the administrative law judge.

E. A record of all proceedings at the hearing shall be made but need not be transcribed unless a party applies to the court of appeals for a petition for special action pursuant to section 23-483. The record of the proceedings if not transcribed shall be kept for at least two years.

F. Except as otherwise provided in this section and rules or procedure established by the commission, the administrative law judge is not bound by common law or statutory rules of evidence or by technical or formal rules of procedure and may conduct the hearing in any manner that will achieve substantial justice.

G. Any party shall be entitled to issuance and service of subpoenas under the general subpoena powers of the commission. Any party or a representative may serve such subpoenas.

H. Any interested party or an authorized agent shall be entitled to inspect the file of the commission if such authorization is filed in writing with the commission.

I. Within thirty days after the date of notice of hearing, any interested party to a hearing before the commission may file an affidavit for change of administrative law judge against any administrative law judge of the commission hearing such matters or commencing to hear such matter, setting forth any of the grounds as provided in subsection J of this section. The administrative law judge shall immediately transfer the matter to another administrative law judge of the commission who shall preside. Not more than one change of administrative law judge shall be granted to any one party.

J. Grounds which may be alleged for change of administrative law judge are that:

1. The administrative law judge has been engaged as counsel in the hearing prior to appointment as administrative law judge.

2. The administrative law judge is otherwise interested in the hearing.

3. The administrative law judge is related to a party to the hearing.

4. The administrative law judge is a material witness in the hearing.

5. The party filing the affidavit has cause to believe and does believe that on account of the bias, prejudice or interest of the administrative law judge he cannot obtain a fair and impartial hearing.
A.R.S. § 23-1023 — Arizona Code / Title 23 / Chapter 6 / Article 7 / Section 1023
23-1023 Liability of third person to injured employee; election of remedies
Status: in_force

23-1023. Liability of third person to injured employee; election of remedies

A. If an employee who is entitled to compensation under this chapter is injured or killed or further aggravates a previously accepted industrial injury by the negligence or wrong of another person not in the same employ, the injured employee, or in event of death the injured employee's dependents, may pursue the injured person's remedy against the other person.

B. If the employee who is entitled to compensation under this chapter or the employee's dependents do not pursue a remedy pursuant to this section against the other person by instituting an action within one year after the cause of action accrues, or if after instituting the action, the employee or the employee's dependents fail to fully prosecute the claim and the action is dismissed, the claim against the other person is deemed assigned to the insurance carrier or self-insured employer and all of the following apply:

1. The insurance carrier or self-insured employer may institute an action against the other person.

2. Any dismissal that is entered for lack of prosecution of an action instituted by the employee or the employee's dependents shall not prejudice the right of the insurance carrier or self-insured employer to recover the amount of benefits paid.

3. If the statute of limitations of the claim is one year after the cause of action accrues, the insurance carrier or self-insured employer may file the action prior to one year after the cause of action accrues.

4. The claim may be prosecuted or compromised by the insurance carrier or the person liable for the self-insured employer or may be reassigned in its entirety to the employee or the employee's dependents. After the reassignment, the employee who is entitled to compensation, or the employee's dependents, shall have the same rights to pursue the claim as if it had been filed within the first year.

C. The employee or the employee's dependents shall provide the insurance carrier or the self-insured employer written notice of the intention to bring an action against a third party and shall provide to the insurance carrier or self-insured employer timely and periodic notice of all pleadings and rulings concerning the status of the pending action.  In any action instituted by the employee or the employee's dependents, the insurance carrier or the self-insured employer shall have the right to intervene at any time to protect the insurance carrier's or the self-insured employer's interests.

D. If the employee proceeds against the other person, compensation and medical, surgical and hospital benefits shall be paid as provided in this chapter and the insurance carrier or other person liable to pay the claim shall have a lien on the amount actually collectable from the other person to the extent of such compensation and medical, surgical and hospital benefits paid. This lien shall not be subject to a collection fee. The amount actually collectable shall be the total recovery less the reasonable and necessary expenses, including attorney fees, actually expended in securing the recovery.  In any action arising out of an aggravation of a previously accepted industrial injury, the lien shall only apply to amounts expended for compensation and treatment of the aggravation. The insurance carrier or person shall contribute only the deficiency between the amount actually collected and the compensation and medical, surgical and hospital benefits provided or estimated by this chapter for the case.  Compromise of any claim by the employee or the employee's dependents at an amount less than the compensation and medical, surgical and hospital benefits provided for shall be made only with written approval of the insurance carrier or self-insured employer liable to pay the claim.

E. For purposes of this section, the commission shall have the same rights as an insurance carrier or self-insured employer.
A.R.S. § 23-1388 — Arizona Code / Title 23 / Chapter 8 / Article 5 / Section 1388
23-1388 Officers and employees of the board
Status: in_force

23-1388. Officers and employees of the board

A. The board may appoint an executive secretary and such attorneys and other employees as it may from time to time find necessary for the proper performance of its duties. Compensation for all such personnel shall be as determined pursuant to section 38-611.

B. The board may not employ any attorney for the purpose of reviewing transcripts of hearings or preparing drafts of opinions, except that any attorney employed for assignment as a legal assistant to any board member may review such transcripts and prepare such drafts for the board member.

C. No administrative law judge's report may be reviewed, either before or after its publication, by any person other than a member of the board or his legal assistant, and no administrative law judge may advise or consult with the board with respect to exceptions taken to his findings, rulings or recommendations.

D. At the discretion of the board, attorneys appointed under this section may appear for and represent the board in any case in court.
A.R.S. § 23-414 — Arizona Code / Title 23 / Chapter 2 / Article 10 / Section 414
23-414 Emergency temporary standards
Status: in_force

23-414. Emergency temporary standards

A. The commission may provide for emergency temporary standards or regulations to take immediate effect upon filing with the secretary of state, if the commission or the United States occupational safety and health administration determines that employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards and that such emergency standard or regulation is necessary to protect employees from such danger.

B. Such emergency temporary standards or regulations shall be effective until superseded by standards or regulations promulgated in accordance with the procedures prescribed in section 23-410.

C. Upon filing such a standard or regulation with the secretary of state the commission shall commence a proceeding in accordance with section 23-410 and the emergency temporary standard or regulation shall serve as a proposed standard or regulation for the proceeding. The commission shall promulgate a standard or regulation under this subsection no later than six months after filing of the emergency temporary standard or regulation.
A.R.S. § 23-909 — Arizona Code / Title 23 / Chapter 6 / Article 1 / Section 909
23-909 Motion picture exemption
Status: in_force

23-909. Motion picture exemption

A. The provisions of this chapter shall not apply to employers and their employees engaged in any phase of the motion picture business that meet all of the following requirements:

1. The motion picture company engaging in such work is temporarily within the state for a period not to exceed eight months.

2. Such motion picture company is otherwise insured by a recognized insurance company where the premiums and benefits under such other insurance are at least equal to those provided in the workers' compensation laws in the state in which such company is incorporated, or if not incorporated, has its principal offices.

B. All Arizona residents employed by any company fulfilling the exemption requirements of this section shall execute a form rejecting the provisions of the compulsory compensation law of the state of Arizona and accepting the insurance coverage provided in this section. The form shall be in writing, signed and dated by the employee and given to his employer in duplicate in substantially the following form: "TO (name of employer): You are hereby notified that the undersigned elects to reject the terms, conditions and provisions of the law for the payment of compensation, as provided by the compulsory compensation law of the state of Arizona, and acts amendatory thereto. The undersigned elects to come under the policy of insurance in __________________ insurance company secured by you and which carries similar premiums and benefits as provided under the compensation laws of the state of ________________________."

C. The provisions of section 23-906 shall apply to the insurance provided by the employer in this section, and shall be construed so that any reference to compulsory compensation of Arizona in such section is interpreted to include the insurance provided under this section. An election to come under the provisions of the insurance in this section shall not render the employer liable for damages of common law.
A.R.S. § 23-739 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 739
23-739 Jeopardy assessment; petition for reassessment
Status: in_force

23-739. Jeopardy assessment; petition for reassessment

A. Notwithstanding sections 23-738 and 23-738.01, if the department believes the collection of a contribution, payment in lieu of contributions, interest or penalties will be jeopardized by delay, it may, whether or not the time prescribed for making reports and paying the amounts has expired, make a jeopardy assessment of such amount, noting that fact upon the assessment, and the amount thereof shall be immediately due and payable. The department shall add to the assessment made under this section any applicable penalty provided in section 23-723 and interest as prescribed by section 23-736.

B. An employer against whom a jeopardy assessment is made may petition for reassessment by filing a petition with the department not more than ten days after written notice of the assessment is served personally or sent by certified mail to the employer's last known address, together with payment of the amount assessed, or by depositing at the same time such security as the department deems necessary to insure compliance with the provisions of this chapter. The security may be sold by the department in accordance with rules and regulations adopted by it. If the petition for reassessment is not filed within ten days, the amount of the assessment is final and the lien imposed by section 23-745 attaches.
A.R.S. § 23-601 — Arizona Code / Title 23 / Chapter 4 / Article 1 / Section 601
23-601 Declaration of policy
Status: in_force

23-601. Declaration of policy

As a guide to the interpretation and application of this chapter, the public policy of this state is declared to be as follows: Economic insecurity due to unemployment is a serious menace to the health, morals and welfare of the people of this state. Involuntary unemployment is therefore a subject of general interest and concern which requires appropriate action by the legislature to prevent its spread and to lighten its burden which now so often falls with crushing force upon the unemployed worker and his family. The achievement of social security requires protection against this greatest hazard of economic life. This can be provided by encouraging employers to provide more stable employment and by the systematic accumulation of funds during periods of employment to provide benefits for periods of unemployment, thus maintaining purchasing power and limiting the serious social consequences of poor relief assistance. The legislature, therefore, declares that in its considered judgment the public good and the general welfare of the citizens of this state require the enactment of this measure, under the police powers of the state, for the compulsory setting aside of unemployment reserves to be used for the benefit of persons unemployed through no fault of their own.
A.R.S. § 23-921 — Arizona Code / Title 23 / Chapter 6 / Article 2 / Section 921
23-921 Administration of chapter
Status: in_force

23-921. Administration of chapter

A. The industrial commission of Arizona is charged with the duties of the administration of this chapter, and with the adjudication of claims for compensation arising out of provisions of this chapter and any of its members or assistants so authorized may:

1. Hold hearings at any place within the state or without the state by agreement of the parties.

2. Administer oaths.

3. Issue and serve by the commission's representatives, or by any sheriff, subpoenas for the attendance of witnesses and claimants and the production of reports, papers, contracts, books, accounts, documents and testimony. The commission may require the attendance and testimony of employers, their officers and representatives before any proceeding of the commission, and the production by employees of books, records, papers and documents.

4. Generally provide for the taking of testimony and for the recording of proceedings held in accordance with this chapter.

B. The commission may make and declare all rules and regulations which are reasonably required in the performance of its duties, including but not limited to rules of practice and procedure in connection with hearing and review proceedings. Such rules and regulations may provide for informal prehearing conferences in order to expedite claim adjudication, amicably dispose of controversies, narrow issues and simplify the method of proof at hearings.

C. The commission may incur such expenses as it determines are reasonably necessary to perform its authorized functions, which expenses shall be a charge against the administrative fund.

D. The commission may charge any person with contempt who refuses to comply with any order of the commission, upon application to the superior court. Any person held in contempt may be punished by a fine of not to exceed one thousand dollars.
A.R.S. § 23-706 — Arizona Code / Title 23 / Chapter 4 / Article 4 / Section 706
23-706 Use of special administration fund; transfer of monies
Status: in_force

23-706. Use of special administration fund; transfer of monies

A. The department may use all or any part of the monies in the special administration fund:

1. To acquire suitable office space for the units of the department performing functions provided by this chapter by purchase, lease, contract or in any other manner, including the right to use the monies or any part of the monies to purchase land and erect on the land such buildings as it deems necessary, or to assist in financing the construction of any building erected by this state or any of its agencies in which available space will be provided for the units of the department performing functions provided by this chapter under lease or contract between the department and this state or the state agency.

2. In case of an administrative error by the department, to reimburse employers that have elected to make payments in lieu of contributions pursuant to section 23-750.

3. To pay for domestic violence prevention and cost-effectiveness study client services.

B. The department may transfer from the employment security administration fund to the special administration fund amounts not exceeding the amount of monies specifically available to the department for that purpose, equivalent to the fair, reasonable rental value of land and buildings acquired for the use of units of the department performing functions provided by this chapter until the full amount of the purchase price of the land and buildings and the cost of repair and maintenance of the land and buildings that was expended from the special administration fund has been returned to the special administration fund. The department may also transfer from the employment security administration fund to the special administration fund amounts not exceeding the amount of monies specifically available to the department for that purpose, equivalent to the fair, reasonable rental value of space used by the units of the department performing functions provided by this chapter in a building erected by this state or any of its agencies until the department's proportionate amount of the purchase price of the building and the department's proportionate amount of the costs of repair and maintenance of the building that was expended from the special administration fund has been returned to the special administration fund.

C. If the department deems the amount in the special administration fund to exceed future needs, the department may transfer all or a portion of the monies in the special administration fund to the unemployment compensation fund.

D. Expenditures or transfers from the special administration fund are subject to section 23-705.
A.R.S. § 23-970 — Arizona Code / Title 23 / Chapter 6 / Article 4 / Section 970
23-970 Misrepresentation of payroll, job description, job function or loss history affecting premium payment; violation; classification; penalty; statute of limitations; civil action
Status: in_force

23-970. Misrepresentation of payroll, job description, job function or loss history affecting premium payment; violation; classification; penalty; statute of limitations; civil action

A. It is unlawful for an employer to wilfully misrepresent to an insurance carrier the amount of payroll, the job description or job function of an employee, or the employer's loss history, on which the premium for workers' compensation insurance to be paid to the insurance carrier is based.

B. An employer that violates subsection A is guilty of a class 6 felony.

C. In addition to the punishment that may be imposed pursuant to subsection B, an employer that violates subsection A is liable for a penalty of up to three times the amount of the difference in premium paid and the amount the employer should have paid. The penalty shall be collected in a civil action by the insurance carrier, in addition to any other damages that are incurred by the insurance carrier due to the misrepresentation, including costs and attorney fees. The insurance carrier shall initiate the civil action within four years after the date the insurance carrier knew or with the exercise of reasonable diligence should have known of the misrepresentation. The insurance carrier may initiate the civil action regardless of whether a criminal action is brought against the employer.
A.R.S. § 23-625.02 — Arizona Code / Title 23 / Chapter 4 / Article 1 / Section 625.02
23-625.02 Definition of internal revenue code
Status: in_force

23-625.02. Definition of internal revenue code

"Internal revenue code" means the United States internal revenue code of 1986, as amended.
A.R.S. § 23-1029 — Arizona Code / Title 23 / Chapter 6 / Article 7 / Section 1029
23-1029 Repeal of chapter; effect on rights of parties
Status: repealed

23-1029. Repeal of chapter; effect on rights of parties

If the provisions of this chapter relative to compensation for injuries to or death of workmen are repealed, and the injury or death has not previously been compensated by lump payment or completed monthly payments, the period intervening between the injury or death and the repeal shall not be computed as a part of the time limited by law for the commencement of any action relating to such injury or death. The action shall be commenced within one year after the repeal and any amount paid as compensation shall be deducted from the right of recovery.
A.R.S. § 23-214 — Arizona Code / Title 23 / Chapter 2 / Article 2 / Section 214
23-214 Verification of employment eligibility; e-verify program; economic development incentives; list of registered employers
Status: in_force

23-214. Verification of employment eligibility; e-verify program; economic development incentives; list of registered employers

A. After December 31, 2007, every employer, after hiring an employee, shall verify the employment eligibility of the employee through the e-verify program and shall keep a record of the verification for the duration of the employee's employment or at least three years, whichever is longer.

B. In addition to any other requirement for an employer to receive an economic development incentive from a government entity, the employer shall register with and participate in the e-verify program.  Before receiving the economic development incentive, the employer shall provide proof to the government entity that the employer is registered with and is participating in the e-verify program. If the government entity determines that the employer is not complying with this subsection, the government entity shall notify the employer by certified mail of the government entity's determination of noncompliance and the employer's right to appeal the determination.  On a final determination of noncompliance, the employer shall repay all monies received as an economic development incentive to the government entity within thirty days of the final determination.  For the purposes of this subsection:

1. "Economic development incentive" means any grant, loan or performance-based incentive from any government entity that is awarded after September 30, 2008.  Economic development incentive does not include any tax provision under title 42 or 43.

2. "Government entity" means this state and any political subdivision of this state that receives and uses tax revenues.

C. Every three months the attorney general shall request from the United States department of homeland security a list of employers from this state that are registered with the e-verify program. On receipt of the list of employers, the attorney general shall make the list available on the attorney general's website.
A.R.S. § 23-1603 — Arizona Code / Title 23 / Chapter 10 / Article 1 / Section 1603
23-1603 Qualified marketplace contractors; definitions
Status: in_force

23-1603. Qualified marketplace contractors; definitions

A. A qualified marketplace contractor shall be treated as an independent contractor for all purposes under state and local laws, regulations and ordinances, including employment security laws prescribed in chapter 4 of this title and workers' compensation laws prescribed in chapter 6 of this title, if all of the following apply:

1. All or substantially all of the payment for the services performed by the qualified marketplace contractor is related to the performance of services or other output.

2. The services performed by the qualified marketplace contractor are governed by a written contract executed between the qualified marketplace contractor and a qualified marketplace platform.

3. The written contract required by paragraph 2 of this subsection provides for all of the following:

(a) That the qualified marketplace contractor is providing services as an independent contractor and not as an employee.

(b) That, pursuant to paragraph 1 of this subsection, all or substantially all of the payment paid to the contractor shall be based on the performance of services or other output.

(c) That the qualified marketplace contractor is allowed to work any hours or schedules the qualified marketplace contractor chooses.  If the qualified marketplace contractor elects to work specified hours or schedules, a contract may require the qualified marketplace contractor to perform work during the selected hours or schedules.

(d) That the qualified marketplace contract does not restrict the contractor's ability to perform services for other parties.

(e) That the qualified marketplace contractor bears all or substantially all of the qualified marketplace contractor's own expenses that are incurred by the qualified marketplace contractor in performing the services.

(f) That the qualified marketplace contractor is responsible for the taxes on the qualified marketplace contractor's own income.

(g) That the contract and the association created by the contract may be terminated without cause by either party to the contract at any time on reasonable notice given to the other party.

B. For services performed by a qualified marketplace contractor before August 6, 2016, the qualified marketplace contractor shall be treated as an independent contractor for all purposes under state and local laws, regulations and ordinances, including employment security laws prescribed in chapter 4 of this title and workers' compensation laws prescribed in chapter 6 of this title, if both of the following apply:

1. All or substantially all of the payment for the services performed by the qualified marketplace contractor is related to the performance of services or other output.

2. The services performed by the qualified marketplace contractor are governed by a written contract executed between the qualified marketplace contractor and a qualified marketplace platform that conforms to the requirements of subsection A, paragraph 3 of this section.

C. Compliance with this section is not mandatory in order to establish the existence of an independent contractor relationship. The exclusion of any contractor or digital platform from this section does not create any presumptions and is not admissible to deny the existence of an independent contractor relationship.

D. This section does not apply to:

1. Service performed in the employ of a state, or any political subdivision of the state, or in the employ of an Indian tribe, or any instrumentality of a state, any political subdivision of a state or any Indian tribe that is wholly owned by one or more states or political subdivisions or Indian tribes, provided that such service is excluded from employment as defined in the federal unemployment tax act (26 United States Code sections 3301 and 3306(c)(7)).

2. Service performed in the employ of a religious, charitable, educational or other organization that is excluded from employment as defined in the federal unemployment tax act (26 United States Code sections 3301 through 3311), solely by reason of 26 United States Code section 3306(c)(8).

E. For the purposes of this section:

1. "Qualified marketplace contractor" means any person or organization, including an individual, corporation, limited liability company, partnership, sole proprietor or other entity, that enters into an agreement with a qualified marketplace platform to use the qualified marketplace platform's digital platform to provide services to third-party individuals or entities seeking those services.  Qualified marketplace contractor does not include any contractor when the services performed consist of transporting freight, sealed and closed envelopes, boxes or parcels or other sealed and closed containers for compensation.

2. "Qualified marketplace platform" means an organization, including, but not limited to, a corporation, limited liability company, partnership, sole proprietor or any other entity, that both:

(a) Operates a digital website or digital smartphone application that facilitates the provision of services by qualified marketplace contractors to individuals or entities seeking such services.

(b) Accepts service requests from the public only through its digital website or digital smartphone application, and does not accept service requests by telephone, by facsimile or in person at physical retail locations.

Qualified marketplace platform does not include any digital website or smartphone application where the services facilitated consist of transporting freight, sealed and closed envelopes, boxes or parcels or other sealed and closed containers for compensation.
A.R.S. § 23-953 — Arizona Code / Title 23 / Chapter 6 / Article 3 / Section 953
23-953 Notice of award; effect of petition for hearing or appeal; overpayment
Status: in_force

23-953. Notice of award; effect of petition for hearing or appeal; overpayment

When a notice is issued by an insurance carrier or a self-insured employer of an award for permanent compensation benefits pursuant to section 23-1044, subsection B, these benefits shall be paid as provided in the notice of award and shall not be interrupted if there is a petition for a hearing or an appeal to a higher court. Any resulting overpayment of these benefits shall be credited against any future liability for compensation benefits that may arise out of the same claim.
A.R.S. § 23-946 — Arizona Code / Title 23 / Chapter 6 / Article 3 / Section 946
23-946 Action asserting invalidity of order; limitation; venue and procedure
Status: in_force

23-946. Action asserting invalidity of order; limitation; venue and procedure

A. Any person in interest dissatisfied with an order of the commission may within thirty days commence an action in the superior court of the county where the property, plant or place of employment affected by the order is located against the commission as defendant to set aside, vacate or amend the order, on the ground that the order is unreasonable or unlawful, and the superior court shall have exclusive jurisdiction thereof. The commission shall be served with summons as in civil actions.

B. The answer of the commission shall be filed within twenty days after service of summons upon it. The commission shall file with the answer a certified transcript of its record in the matter, whereupon the action shall be at issue and shall be advanced for trial by the court upon application of either party to the earliest possible date.

C. No action or proceeding to set aside, amend or enjoin enforcement of an order of the commission shall be brought unless the petitioner has applied to the commission for a hearing thereon as provided by section 23-945 and in such petition has raised every issue in the action.