A.R.S. § 23-949 — Arizona Code / Title 23 / Chapter 6 / Article 3 / Section 949
23-949 Effect of action concerning order; procedure to stay order
Status: in_force

23-949. Effect of action concerning order; procedure to stay order

The pendency of an action to set aside, vacate or amend an order of the commission shall not stay or suspend the order of the commission. During pendency of the action, the superior court may stay or suspend, in whole or in part, operation of the commission's order only upon three days notice and after hearing, and the order of the court shall not become effective until a bond has been executed and filed in the action, approved by the court or the clerk thereof, payable to the state, in an amount sufficient to insure the prompt payment by the petitioning party of all damages caused by delay in the enforcement of the order of the commission.
A.R.S. § 23-778 — Arizona Code / Title 23 / Chapter 4 / Article 6 / Section 778
23-778 Disqualification from benefits for fraud
Status: in_force

23-778. Disqualification from benefits for fraud

Any person who, within the twenty-four calendar months immediately preceding a week in which he files a valid claim for benefits, has made a false statement or representation of a material fact knowing it to be false, or knowingly failed to disclose a material fact with intent to obtain benefits under this chapter, shall be disqualified for the week for which the claim was filed and for not more than the fifty-one weeks immediately following such week as determined by the commission according to the circumstances in each case.
A.R.S. § 23-799 — Arizona Code / Title 23 / Chapter 4 / Article 7 / Section 799
23-799 Severability
Status: in_force

23-799. Severability

If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of this chapter and the application of such provision to other persons or circumstances shall not be affected thereby.
A.R.S. § 23-314 — Arizona Code / Title 23 / Chapter 2 / Article 6 / Section 314
23-314 Wage board; membership; organization; quorum; compensation
Status: in_force

23-314. Wage board; membership; organization; quorum; compensation

A. A wage board shall be composed of three representatives of the employees in any occupation, trade or industry and an equal number of representatives chosen from among the employers in the occupation, trade or industry, and one industrial commissioner who shall be chairman.

B. The commission shall appoint as the members of the wage board the representatives of the employers to be selected from nominations submitted by employers and representatives from the employees employed in the occupation, trade or industry from nominations submitted by the employees in the occupation, trade or industry. All persons appointed as the representatives by the commission shall be citizens of the state and shall be selected from individuals engaged in the occupation, trade or industry for which a wage is being investigated.

C. Two-thirds of the members of the wage board constitute a quorum. The recommendations or report of the wage board shall require a vote of not less than a majority of all its members.

D. Members of the wage board, other than the industrial commissioner, shall, while engaged in a conference, receive five dollars per day and the necessary cost of transportation.

E. The commission shall make and establish from time to time rules and regulations governing the selection of a wage board and its manner of procedure not inconsistent with this article.
A.R.S. § 23-1024 — Arizona Code / Title 23 / Chapter 6 / Article 7 / Section 1024
23-1024 Choice of remedy as waiver of alternate remedy
Status: in_force

23-1024. Choice of remedy as waiver of alternate remedy

A. An employee, or his legal representative in event death results, who accepts compensation waives the right to exercise any option to institute proceedings in court against his employer or any co-employee acting within the scope of his employment, or against the employer's workers' compensation insurance carrier or administrative service representative.

B. An employee, or his legal representative in event death results, who exercises any option to institute a proceeding in court against his employer waives any right to compensation.
A.R.S. § 23-312 — Arizona Code / Title 23 / Chapter 2 / Article 6 / Section 312
23-312 Powers and duties of commission
Status: in_force

23-312. Powers and duties of commission

The commission or any authorized representative may:

1. Investigate and ascertain the wages of minors employed in any occupation.

2. Enter the place of business or employment of any employer of minors in any occupation for the purpose of examining and inspecting all books, registers, payrolls, and other records of the employer which in any manner pertain to or have a bearing upon the question of wages of minors and for the purpose of ascertaining whether the orders of the commission have been and are being complied with.

3. Require from the employer full and correct written statements of the wages paid to all minors in his employment when the commission or any authorized representative thereof deems necessary.
A.R.S. § 23-1362 — Arizona Code / Title 23 / Chapter 8 / Article 4 / Section 1362
23-1362 Blacklisting; classification
Status: in_force

23-1362. Blacklisting; classification

A. A person commits blacklisting if he knowingly exchanges, solicits or gives out any labor blacklist.

B. A person who commits blacklisting is guilty of a class 2 misdemeanor.
A.R.S. § 23-484 — Arizona Code / Title 23 / Chapter 2 / Article 11 / Section 484
23-484 Nonimpairment of other agencies
Status: in_force

23-484. Nonimpairment of other agencies

Nothing contained in this article shall in any way impair the authority or responsibility of political subdivisions of this state with regard to the local enforcement of licensing, safety or police regulation authorized by local ordinance or state law if, upon determination by the commission, the enforcement program employed by such political subdivision is found to be at least equal to the state enforcement program.
A.R.S. § 23-107 — Arizona Code / Title 23 / Chapter 1 / Article 1 / Section 107
23-107 General powers
Status: in_force

23-107. General powers

A. The commission has full power, jurisdiction and authority to:

1. Formulate and adopt rules and regulations for effecting the purposes of this article.

2. Administer and enforce all laws for the protection of life, health, safety and welfare of employees in every case and under every law when such duty is not specifically delegated to any other board or officer, and, when such duty is specifically delegated, to counsel, advise and assist in the administration and enforcement of such laws and for such purposes may conduct investigations.

3. Promote the voluntary arbitration, mediation and conciliation of disputes between employers and employees.

4. License and supervise the work of private employment offices, bring together employers seeking employees and working people seeking employment, and make known the opportunities for employment in the state.

5. Collect, collate and publish all statistical and other information relating to employees, employers, employments and places of employment with other appropriate statistics.

6. Act as the regulatory agency insuring that workers' compensation carriers are processing claims in accordance with chapter 6 of this title.

7. Provide nonpublic, confidential or privileged documents, materials or other information to another state, local or federal regulatory agency for the purpose of the legitimate administrative needs of the programs administered by that agency if the recipient agency agrees and warrants that it has the authority to maintain and will maintain the confidentiality and privileged status of the documents, materials or other information.

8. Receive nonpublic documents, materials and other information from another state, local or federal regulatory agency to properly administer programs of the commission.  The commission shall maintain as confidential or privileged any document, material or other information that is identified by the exchange agency as confidential or privileged under the laws of the jurisdiction that is the source of the document, material or other information.

9. Enter into agreements that govern the exchange of nonpublic documents, materials and other information that are consistent with paragraphs 7 and 8.  The commission may request nondisclosure of information that is identified as privileged or confidential.  Any disclosure pursuant to paragraph 7 or 8 or this paragraph is not a waiver of any applicable privilege or claim of confidentiality in the documents, materials or other information.

B. Upon petition by any person that any employment or place of employment is not safe or is injurious to the welfare of any employee, the commission has power and authority, with or without notice, to make investigations necessary to determine the matter complained of.

C. The members of the commission may confer and meet with officers of other states and officers of the United States on matters pertaining to their official duties.

D. Notwithstanding any other law, the commission may protect from public inspection the financial information that is received from a private entity that applies to self-insure or that renews its self-insurance plan pursuant to section 23-961, subsection A if the information is kept confidential by the private entity in its ordinary and regular course of business.
A.R.S. § 23-603.01 — Arizona Code / Title 23 / Chapter 4 / Article 1 / Section 603.01
23-603.01 American employer
Status: in_force

23-603.01. American employer

"American employer" means a person who is an individual who is a resident of the United States; a partnership, if two-thirds or more of the partners are residents of the United States; a trust if all of the trustees are residents of the United States; or a corporation organized under the laws of the United States or of any state.
A.R.S. § 23-738 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 738
23-738 Delinquency assessments; interest and penalties; petition for reassessment
Status: in_force

23-738. Delinquency assessments; interest and penalties; petition for reassessment

A. If an employer neglects or refuses to make a return as required by this chapter, the department shall make an estimate based on information in the department's possession of the amount of contributions due from the employer for the period for which the employer failed to make a return, and shall assess the estimated amount against the delinquent employer. The department shall add to the delinquency assessment made under this section the penalty provided in section 23-723 and interest as prescribed by section 23-736. If the neglect or refusal to file a return is due to fraud or an intent to evade payment of contributions, there shall be added to the amount due a penalty equal to twenty-five percent thereof. The department shall promptly notify the delinquent employer of any estimate.

B. An employer against whom any delinquency 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 shall become final and the lien imposed by section 23-745 attaches.
A.R.S. § 23-649 — Arizona Code / Title 23 / Chapter 4 / Article 2 / Section 649
23-649 Acquisition of lands and buildings
Status: in_force

23-649. Acquisition of lands and buildings

A. The department may acquire for and in the name of the state by lease purchase agreement, or otherwise, lands or buildings for the purpose of providing office space for units of the department performing functions provided by this chapter at such places as the department finds necessary and suitable.

B. An agreement made for the purchase of the premises mentioned in subsection A of this section shall be subject to the approval of the attorney general as to form and as to title thereto and shall not subject the state to liability for payment of the purchase price or any part or portion thereof except from monies allocated to the state by the United States department of labor for the administration of this chapter.

C. All monies received from the United States for the payments authorized by this section for lands and buildings shall be deposited, pursuant to sections 35-146 and 35-147, in the employment security administration fund and are appropriated therefrom for purposes of this chapter. Notwithstanding any provision of this chapter, monies received from the unemployment trust fund pursuant to section 903 of the social security act, as amended, are not liable or subject to appropriation, except in accordance with the provisions of subsection E of section 23-704.

D. If the premises are purchased pursuant to this chapter, the employment security commission or such other department of the state performing its functions, shall be housed therein, or if it is desirable to move the employment security commission, other substantially similar space will be furnished by the state to the commission without further payment therefor by the United States.
A.R.S. § 23-362; Version 2 — Arizona Code / Title 23 / Chapter 2 / Article 8 / Section 362; Version 2
23-362; Version 2 Definitions
Status: in_force

23-362. Definitions

(2006 Prop. 202, sec. 2.  Caution:  1998 Prop. 105 applies.)

As used in this article, unless the context otherwise requires:

A. "Employee" means any person who is or was employed by an employer but does not include any person who is employed by a parent or a sibling, or who is employed performing babysitting services in the employer's home on a casual basis.

B. "Employer" includes any corporation, proprietorship, partnership, joint venture, limited liability company, trust, association, political subdivision of the state, individual or other entity acting directly or indirectly in the interest of an employer in relation to an employee, but does not include the state of Arizona, the United States, or a small business.

C. "Small business" means any corporation, proprietorship, partnership, joint venture, limited liability company, trust, or association that has less than five hundred thousand dollars in gross annual revenue and that is exempt from having to pay a minimum wage under section 206(a) of title 29 of the United States Code.

D. "Employ" includes to suffer or permit to work; whether a person is an independent contractor or an employee shall be determined according to the standards of the federal fair labor standards act, but the burden of proof shall be upon the party for whom the work is performed to show independent contractor status by clear and convincing evidence.

E. "Wage" means monetary compensation due to an employee by reason of employment, including an employee's commissions, but not tips or gratuities.

F. "Law enforcement officer" means the attorney general, a city attorney, a county attorney or a town attorney.

G. "Commission" means the industrial commission of Arizona, any successor agency, or such other agency as the governor shall designate to implement this article.
A.R.S. § 23-625.01 — Arizona Code / Title 23 / Chapter 4 / Article 1 / Section 625.01
23-625.01 Definition of debtor
Status: in_force

23-625.01. Definition of debtor

"Debtor" means a person whose property is subject to levy pursuant to article 5 of this chapter.
A.R.S. § 23-952 — Arizona Code / Title 23 / Chapter 6 / Article 3 / Section 952
23-952 Continuation of order or award pending hearing or appeal
Status: in_force

23-952. Continuation of order or award pending hearing or appeal

When an order or award is issued by the industrial commission awarding permanent compensation benefits, compensation shall be paid as provided in such order or award and shall not be interrupted when there is a petition for hearing or appeal to a higher court. Any overpayment of permanent compensation resulting therefrom shall be credited against any future liability involving permanent compensation benefits in the same claim.
A.R.S. § 23-781 — Arizona Code / Title 23 / Chapter 4 / Article 6 / Section 781
23-781 Denial of benefits to certain athletes and aliens
Status: in_force

23-781. Denial of benefits to certain athletes and aliens

A. Benefits based on services, substantially all of which consist of participating in sports or athletic events or training or preparing to so participate, shall not be paid to an individual for any week of unemployment which begins during the period between two successive sport seasons, or similar periods, if the individual performed such services in the first of such seasons or similar periods and there is a reasonable assurance that such individual will perform such services in the later of such seasons or similar periods.

B. Benefits shall not be payable for weeks of unemployment beginning on and after January 1, 1978, on the basis of services performed by an alien unless such alien is an individual who was lawfully admitted for permanent residence at the time such services were performed, was lawfully present for purposes of performing such services, or was permanently residing in the United States under color of law at the time such services were performed (including an alien who was lawfully present in the United States as a result of the application of the provisions of section 203(a)(7) or section 212(d)(5) of the immigration and nationality act). Any data or information required of individuals applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants for benefits. In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits to such individual are not payable because of his alien status shall be made except upon a preponderance of the evidence.
A.R.S. § 23-731 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 731
23-731 Classification of employers by benefit experience to determine contribution rates; rate when report unavailable
Status: in_force

23-731. Classification of employers by benefit experience to determine contribution rates; rate when report unavailable

The commission, for each calendar year, shall classify employers in accordance with their actual experience in the payment of contributions and with respect to benefits charged against their accounts, with a view to fixing such contribution rates as will reflect the benefit experience.  Each employer's rate for a calendar year shall be determined on the basis of the employer's record as of July 1 of the preceding calendar year. If as of the date the classification of employers is made the commission finds an employing unit has failed to file any report required in connection therewith or has filed a report which the commission finds incorrect or insufficient, the commission shall make an estimate of the information required from the employing unit on the basis of the best evidence reasonably available to it at the time and shall notify the employing unit by mail addressed to its last known address.  Unless the employing unit files the report or a corrected or sufficient report as the case may be within fifteen days after mailing the notice, the commission shall compute such employing unit's rate of contributions on the basis of such estimates, and the rate as so determined shall be subject to increase but not to reduction on the basis of subsequently ascertained information.
A.R.S. § 23-407 — Arizona Code / Title 23 / Chapter 2 / Article 10 / Section 407
23-407 Duties and powers of the division
Status: in_force

23-407. Duties and powers of the division

The division on behalf of the commission shall:

1. Recommend all standards, rules or changes thereto, pursuant to section 23-410, to the commission for the commission's approval or disapproval.

2. Have the authority to enforce all such standards or rules, after adoption by the commission, pursuant to the procedures and requirements of this article.

3. Implement an occupational safety and health program that includes the following duties and responsibilities:

(a) Development of a statewide occupational safety and health education and training program to acquaint employers, supervisors, employees and employee representatives with the most modern and effective techniques of accident prevention and occupational health control.

(b) Development of training programs for employees of the division, and where necessary develop certification programs for recognition of competent, trained personnel.

(c) Planning, organizing, conducting or attending occupational safety and health seminars, conferences and meetings designed for management, supervisory personnel, employees and employer representatives and establishing liaison with other safety and health groups as may be necessary.

(d) Definition and establishment of necessary research projects.

(e) Arrangement and procurement of necessary contractual services and training aids.

(f) Development of specific occupational safety and health programs for employer and employee representative groups.

4. Develop and maintain an effective program of collection, compilation and analysis of occupational safety and health statistics.  The division shall compile statistics on work injuries and illnesses that shall include all disabling, serious or significant injuries and illnesses whether or not involving loss of time from work, other than minor injuries requiring only first aid treatment and that do not involve medical treatment, loss of consciousness, restriction of work or motion or transfer to another job.

5. Coordinate the responsibilities and functions of other state agencies and political subdivisions of the state with regard to occupational safety and health in order to develop a comprehensive statewide program.

6. Contract with the office of administrative hearings to conduct hearings and adjudicate contested cases on an employer filing a notice of contest of a citation, proposed penalty or abatement period pursuant to this article.  The decisions of the office of administrative hearings shall be subject to appeal to the review board established pursuant to this article.
A.R.S. § 23-420 — Arizona Code / Title 23 / Chapter 2 / Article 10 / Section 420
23-420 Hearing rights and procedures
Status: in_force

23-420. Hearing rights and procedures

A. Subject to section 23-417, an interested party may request a hearing.

B. A request for hearing shall be made in writing, signed by or on behalf of the interested party and including the requesting party's address and e-mail address, stating that a hearing is desired, and mailed or e-mailed to the commission. The request shall also state with particularity the violation, abatement period or penalty that is being protested. Any violation, abatement period or penalty not protested within the time limit specified on the citation or penalty notice will be deemed admitted.

C. The commission shall refer the request for hearing to the office of administrative hearings for determination as expeditiously as possible. The administrative law judge assigned to hear a case arising out of this article shall either be employed or contracted by the office of administrative hearings.

D. At least five days before any hearing, notice of the time and place of the hearing shall be given to all parties in interest by mail at their last known address. The hearing shall be held in the county where the violation has occurred or such other place as selected by the administrative law judge.

E. A record of all proceedings at the hearing shall be kept but need not be transcribed unless a party requests a review of the decision of the administrative law judge.

F. Except as otherwise provided in this section and by rules of procedure promulgated by the commission pursuant to section 23-405, paragraph 4, the administrative law judge is not bound by common law or statutory rules of evidence or by technical or formal rules of procedure and shall conduct the hearing in any manner that will achieve substantial justice.

G. An interested party is entitled to the issuance of subpoenas for the attendance of witnesses, parties and the production of reports, papers, contracts, books, accounts, documents and testimony that are relevant and material to the issue. The commission or the administrative law judge shall issue such subpoenas. The commission may initiate contempt proceedings against any person who refuses to comply with a duly issued subpoena, on application to the superior court. Any person held in contempt may be punished by a fine of not more than one thousand dollars.
A.R.S. § 23-236 — Arizona Code / Title 23 / Chapter 2 / Article 3 / Section 236
23-236 Cease and desist order; time for compliance; civil penalty
Status: in_force

23-236. Cease and desist order; time for compliance; civil penalty

A. When the commission has reasonable cause to believe that any person is violating any provision of this article or any rule or regulation adopted pursuant to this article it may forthwith serve upon such person by registered or certified mail or in person a cease and desist order. Such order shall state with particularity the act being done that constitutes the violation, shall state in its entirety the certain requirement, provision or rule or regulation being violated, and that the alleged violator is entitled to a hearing if such hearing is requested in writing within twenty days after the date of issuance of the order.

B. The cease and desist order shall include a civil penalty of not more than one thousand dollars against the person named in the order. The civil penalty is payable to the general fund.
A.R.S. § 23-493 — Arizona Code / Title 23 / Chapter 2 / Article 14 / Section 493
23-493 Definitions
Status: in_force

23-493. Definitions

In this article, unless the context otherwise requires:

1. "Alcohol" means ethanol, isopropanol or methanol.

2. "Current use of any drug" means drug use that has occurred recently enough to justify an employer's reasonable belief that involvement with drugs is ongoing.  Current use of any drug is not limited to any specific time frame and depends on the facts of each individual case.

3. "Drugs" means any substance considered unlawful under the schedules of the controlled substances section of the comprehensive drug abuse prevention and control act of 1970, as amended, (P.L. 91-513; 84 Stat. 1247; 21 United States Code section 812) or pursuant to title 13, chapter 34 or the metabolite of the substance.

4. "Employee" means any person in the service of an employer.

5. "Employer" means this state, a political subdivision of this state or any person, firm, company, corporation, labor organization, employment agency or joint labor-management committee, including any public utility, transit district or special taxing district organized pursuant to title 48, chapter 17 or 22, that has one or more full-time employees employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written.

6. "Good faith" means reasonable reliance on fact, or that which is held out to be factual, without the intent to deceive or be deceived and without reckless or malicious disregard for the truth.  Good faith does not include a belief formed with gross negligence.  A good faith belief may be based on any of the following:

(a) Observed conduct, behavior or appearance.

(b) Information reported by a person believed to be reliable, including a report by a person who witnessed the use or possession of drugs or drug paraphernalia at work.

(c) Written, electronic or verbal statements.

(d) Lawful video surveillance.

(e) Records of government agencies, law enforcement agencies or courts.

(f) Results of a test for the use of alcohol or drugs.

(g) Other information reasonably believed to be reliable or accurate.

7. "Impairment" means symptoms that a prospective employee or employee while working may be under the influence of drugs or alcohol that may decrease or lessen the employee's performance of the duties or tasks of the employee's job position, including symptoms of the employee's speech, walking, standing, physical dexterity, agility, coordination, actions, movement, demeanor, appearance, clothing, odor, irrational or unusual behavior, negligence or carelessness in operating equipment, machinery or production or manufacturing processes, disregard for the safety of the employee or others, involvement in an accident that results in serious damage to equipment, machinery or property, disruption of a production or manufacturing process, any injury to the employee or others or other symptoms causing a reasonable suspicion of the use of drugs or alcohol.

8. "Prospective employee" means any person who has made application to any employer, whether written or oral, to become an employee.

9. "Safety-sensitive position" means any job designated by an employer as a safety-sensitive position or any job that includes tasks or duties that the employer in good faith believes could affect the safety or health of the employee performing the task or others, including any of the following:

(a) Operating a motor vehicle, other vehicle, equipment, machinery or power tools.

(b) Repairing, maintaining or monitoring the performance or operation of any equipment, machinery or manufacturing process, the malfunction or disruption of which could result in injury or property damage.

(c) Performing duties in the residential or commercial premises of a customer, supplier or vendor.

(d) Preparing or handling food or medicine.

(e) Working in any occupation regulated pursuant to title 32.

10. "Sample" means urine, blood, breath, saliva, hair or other substances from the person being tested.
A.R.S. § 23-616 — Arizona Code / Title 23 / Chapter 4 / Article 1 / Section 616
23-616 Employment office
Status: in_force

23-616. Employment office

"Employment office" means a free public employment office or branch thereof operated by this or any other state as a part of a state-controlled system of public employment offices, or by a federal agency charged with the administration of free public employment offices.
A.R.S. § 23-901.02 — Arizona Code / Title 23 / Chapter 6 / Article 1 / Section 901.02
23-901.02 Liability of last employer; exception
Status: in_force

23-901.02. Liability of last employer; exception

Where compensation is payable for an occupational disease the only employer liable shall be the employer in whose employment the employee was last injuriously exposed to the hazards of such disease but in the case of silicosis or asbestosis the only employer liable shall be the employer in whose employment the employee was last exposed to harmful quantities of silicon dioxide (SiO2) dust during a period of two years or more.
A.R.S. § 23-705 — Arizona Code / Title 23 / Chapter 4 / Article 4 / Section 705
23-705 Special administration fund
Status: in_force

23-705. Special administration fund

A. A special fund known as the special administration fund is established.

B. No expenditure or transfer may be made from the special administration fund unless the expenditure or transfer is authorized by legislative appropriation and approved by the director of the department of administration.

C. Interest and penalties collected under the provisions of this chapter shall be paid into the special administration fund. Such monies shall not be expended or available for expenditure in any manner which would permit their substitution for, or a corresponding reduction in, federal funds which would in the absence of the monies be available to finance expenditures for the administration of this chapter, but nothing in this section shall prevent the monies from being used to cover expenditures necessary and proper under the law for which federal funds have been duly requested but not yet received, subject to charging the expenditures against such funds when received.

D. The monies in the special administration fund are subject to legislative appropriation and shall be used by the commission for payment of costs of administration found not to have been properly and validly chargeable against federal grants or other funds received for or in the employment security administration fund created by section 23-707. The appropriated monies shall be available either for satisfying the obligations incurred by the commission directly or by requesting the state treasurer to transfer the required amount from the special administration fund to the employment security administration fund. No expenditure of this fund or transfer shall be made unless and until authorized by legislative appropriation and the commission finds that no other funds are available or can properly be used to finance the expenditures.

E. The monies in this fund are subject to legislative appropriation to the commission for expenditure in accordance with the provisions of this section and section 23-706 and shall not be transferred to any other fund.
A.R.S. § 23-904 — Arizona Code / Title 23 / Chapter 6 / Article 1 / Section 904
23-904 Arizona worker injuries in other state; injury to foreign worker in this state; evidence of insurance; judicial notice of other state's laws
Status: in_force

23-904. Arizona worker injuries in other state; injury to foreign worker in this state; evidence of insurance; judicial notice of other state's laws

A. If a worker who has been hired or is regularly employed in this state receives a personal injury by accident arising out of and in the course of the worker's employment, the worker is entitled to compensation according to the laws of this state even if the injury was received outside this state.

B. If a worker who is employed in this state and is subject to this chapter temporarily leaves this state incidental to that employment and receives an injury arising out of and in the course of employment, the worker, or beneficiaries of the worker if the injury results in death, is entitled to the benefits of this chapter as though the worker were injured in this state.

C. A worker from another state and the employer of the worker in that other state are exempt from this chapter while that worker is temporarily in this state doing work for an employer if all of the following are true:

1. The employer has furnished workers' compensation insurance coverage under the workers' compensation insurance or similar laws of a state other than Arizona so as to cover that worker's employment while in this state.

2. The extraterritorial provisions of this chapter are recognized in that other state.

3. Employers and workers who are covered in this state are likewise exempt from the application of the workers' compensation insurance act or similar laws of the other state.

4. The benefits under the workers' compensation insurance act or similar laws of the other state, or other remedies under a similar act or laws, are the exclusive remedy against the employer for any injury, whether resulting in death or not, received by the worker while temporarily working for that employer in this state.

D. A certificate from a duly authorized officer of the commission, the department of insurance and financial institutions or a similar department of another state certifying that the employer in the other state is insured in that state is prima facie evidence that the employer carries that workers' compensation insurance.

E. If in any appeal or other litigation the construction of the laws of another state is required, the courts shall take judicial notice of the laws of the other state.

F. For the purposes of this section, a worker is deemed to be temporarily in a state doing work for an employer if, during the three hundred sixty-five days immediately preceding either the worker's date of injury or, in the case of an occupational disease or cumulative trauma claim, the worker's last date of injurious exposure, the worker performs fewer than ninety continuous days of required services in the state under the direction and control of the employer.

G. If a worker has a claim under the workers' compensation laws of another state, territory, province or foreign nation for the same injury or occupational disease as the claim filed in this state, the total amount of compensation paid or awarded under the other state's workers' compensation laws shall be credited against the compensation due under the workers' compensation laws of this state.  The worker is entitled to the full amount of compensation due under the laws of this state.  If compensation under the laws of this state is more than the compensation under the laws of the other state, or compensation paid the worker under the laws of the other state is recovered from the worker, the insurer shall pay any unpaid compensation to the worker up to the amount required by the claim under the laws of this state.

H. Claims made after September 13, 2013 are subject to this section regardless of the date of injury.
A.R.S. § 23-473 — Arizona Code / Title 23 / Chapter 2 / Article 11 / Section 473
23-473 Owner's and operator's duty
Status: in_force

23-473. Owner's and operator's duty

Every owner or operator of any boiler, pressure vessel or lined hot water heater shall:

1. Furnish, maintain and provide safe and adequate boilers, pressure vessels or lined hot water heaters.

2. Comply with all standards and regulations issued pursuant to this article.
A.R.S. § 23-736 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 736
23-736 Interest on past due contributions; deposit of interest
Status: in_force

23-736. Interest on past due contributions; deposit of interest

A. If contributions are not paid on the date due and payable as prescribed by the commission, the whole or part thereafter remaining unpaid shall bear interest at the rate of one per cent per month, or fraction thereof, from and after the due date until payment is received by the commission, subject to waiver for good cause shown. The date as of which payment of contributions, if mailed, is deemed to have been received may be determined by such regulations as the commission may prescribe.

B. Interest collected pursuant to this section and section 23-723 shall be deposited in the special administration fund.
A.R.S. § 23-356 — Arizona Code / Title 23 / Chapter 2 / Article 7 / Section 356
23-356 Wage claims
Status: in_force

23-356. Wage claims

A. Instead of proceeding under section 23-355, an employee may file a written claim with the department for unpaid wages against an employer if the amount of such wages does not exceed $12,000 and if such claim is filed within one year of the accrual of such claim.

B. The department may, on behalf of an employee, or the employee may obtain judgment and execution, garnishment, attachment or other available remedies for collection of unpaid wages established by final determination by the department.

C. The department may receive payment on wage claims on behalf of employees. The department may deposit, pursuant to sections 35-146 and 35-147, monies it receives as payment on wage claims in a special state fund for disbursement to wage claimants on proper authorization by the department.
A.R.S. § 23-941.02 — Arizona Code / Title 23 / Chapter 6 / Article 3 / Section 941.02
23-941.02 Vexatious litigants; designation; definitions
Status: in_force

23-941.02. Vexatious litigants; designation; definitions

A. In a workers' compensation case before the commission, on the motion of a party, the chief administrative law judge or an administrative law judge designated by the chief administrative law judge may designate a pro se litigant a vexatious litigant.  The pro se litigant shall respond within thirty days after the motion.  The chief administrative law judge, or administrative law judge if designated by the chief administrative law judge, shall issue an order within thirty days after the pro se litigant's response is received or the time for response has elapsed.  The vexatious litigant designation applies only to the claim at issue before the administrative law judge.

B. A pro se litigant who is designated a vexatious litigant may not file a new request for hearing, pleading, motion or other document without prior leave of the administrative law judge.

C. A pro se litigant is a vexatious litigant if the commission finds the pro se litigant engaged in vexatious conduct.  A designation of vexatious litigant is suspended during the period in which the litigant is represented by legal counsel.

D. For the purposes of this section:

1. "Vexatious conduct" includes any of the following:

(a) Repeated filing of requests for hearing, pleadings, motions or other documents solely or primarily for the purpose of harassment.

(b) Unreasonably expanding or delaying commission proceedings.

(c) Bringing or defending claims without substantial justification.

(d) Engaging in abuse of discovery or conduct in discovery that has resulted in the imposition of sanctions against the pro se litigant.

(e) A pattern of making unreasonable, repetitive and excessive requests for information.

(f) Repeated filing of documents or requests for relief that have been the subject of previous rulings by the commission in the same claim.

2. "Without substantial justification" has the same meaning prescribed in section 12-349.
A.R.S. § 23-901.08 — Arizona Code / Title 23 / Chapter 6 / Article 1 / Section 901.08
23-901.08 Professional employer organizations
Status: in_force

23-901.08. Professional employer organizations

A. A person engaged in the business of providing professional employer services is subject to this chapter regardless of whether the person uses the term professional employer organization, PEO, staff leasing company, registered staff leasing company, employee leasing company or any other name.

B. As long as the professional employer organization's professional employer agreement with a client remains in force, the professional employer organization shall be regarded as a co-employer of the employee.

C. The professional employer organization and its client shall be considered the employer for the purpose of coverage under this chapter and both the professional employer organization and its client shall be entitled to protection of the exclusive remedy set forth in section 23-1022. Both the professional employer organization and its client shall comply with sections 23-906 and 23-964.

D. When a professional employer organization enters into a professional employer agreement with a client in this state, the professional employer organization shall notify its workers' compensation insurance carrier and the commission.  The notification shall be on a form approved by the commission and shall include the following information:

1. The name and business address of the client employer.

2. Whether all or a majority of the client employer's workforce is covered by the professional employer agreement.

3. Unless all of the client employer's workforce is covered by the professional employer agreement, the name of the client employer's workers' compensation insurance carrier that is insuring the client employer's obligation to secure compensation under section 23-961 for any employees who are not covered by the professional employer agreement.  The professional employer organization shall also notify each client, in writing, of the client's obligation under section 23-961 to secure workers' compensation for any employees who are not covered by the professional employer agreement, even if such employees are hired after the execution of the professional employer agreement.

E. If a professional employer agreement is terminated, the professional employer organization shall immediately notify its workers' compensation insurance carrier and the commission, in writing, of the name of the client and the date of termination of the agreement.
A.R.S. § 23-672.01 — Arizona Code / Title 23 / Chapter 4 / Article 3 / Section 672.01
23-672.01 Effect of finding, judgment, conclusion or order in separate or subsequent action or proceeding; use as evidence
Status: in_force

23-672.01. Effect of finding, judgment, conclusion or order in separate or subsequent action or proceeding; use as evidence

Any finding of fact or law, judgment, conclusion or final order made by a hearing officer, an administrative law judge or any person with the authority to make findings of fact or law in any action or proceeding before the department or the appeals board pursuant to this chapter is not conclusive or binding in any separate or subsequent action or proceeding and shall not be used as evidence in any separate or subsequent action or proceeding between an individual and the individual's present or former employer brought before an arbitrator, court or judge of this state or the United States, regardless of whether the prior action or proceeding was between the same or related parties or involved the same facts.
A.R.S. § 23-941.03 — Arizona Code / Title 23 / Chapter 6 / Article 3 / Section 941.03
23-941.03 Settlement of claims; supportive medical maintenance benefits; definition
Status: in_force

23-941.03. Settlement of claims; supportive medical maintenance benefits; definition

A. Any final settlement agreement involving undisputed entitlement to supportive medical maintenance benefits is not valid and enforceable until the final settlement agreement is approved by the commission.

B. The commission may approve a final settlement agreement involving undisputed entitlement to supportive medical maintenance benefits if the requirements of this section are satisfied.

C. Subject to the following requirements, the interested parties to a claim may enter into a final settlement and release of a claim for undisputed entitlement to supportive medical maintenance benefits after the period of temporary disability is terminated by a final notice of claim status or award of the commission. The carrier, special fund or self-insured employer shall submit a summary of all reasonably anticipated future supportive medical maintenance benefits and the projected cost of the benefits for review by the employee. The summary shall also be included with the final settlement agreement filed with the commission. All medical conditions subject to the final settlement agreement must be described in the final settlement agreement. The final settlement provisions defined in this subsection shall apply only to future supportive medical maintenance benefits for the described condition.

D. The carrier, special fund or self-insured employer shall inform the attending physician of the approval of a final settlement agreement.  Unless supportive medical maintenance benefits rendered before the date of the final settlement are subject to a dispute or payment for the treatment was included in the final settlement agreement, the carrier, special fund or self-insured employer shall remain responsible for payment for the treatment not covered by the final settlement agreement as provided by this chapter.

E. This section does not prohibit a settlement that does not constitute a final settlement.

F. For the purposes of this section, "final settlement" means a settlement in which the injured worker waives any future entitlement to supportive medical maintenance benefits for known conditions described in the agreement.
A.R.S. § 23-413 — Arizona Code / Title 23 / Chapter 2 / Article 10 / Section 413
23-413 Protest of validity of order
Status: in_force

23-413. Protest of validity of order

Any interested party adversely affected by a rule or order issued under sections 23-411 or 23-412 may appeal in accordance with the procedures established in sections 23-945 and 23-946.
A.R.S. § 23-1071 — Arizona Code / Title 23 / Chapter 6 / Article 9 / Section 1071
23-1071 Notice by employees with disabilities of absence from locality or state; failure to give notice; change of doctor
Status: in_force

23-1071. Notice by employees with disabilities of absence from locality or state; failure to give notice; change of doctor

A. No employee may leave the state of Arizona for a period exceeding two weeks while the necessity of having medical treatment continues, without the written approval of the commission. Any employee leaving the state of Arizona for a period exceeding two weeks without such approval will forfeit the employee's right to compensation during such time, as well as the employee's right to reimbursement for the employee's medical expenses, and any aggravation of the employee's disability, by reason of the violation of this section, will not be compensated. If an administrative law judge approves an employee's request to leave this state after the request for written approval was initially denied by the commission, the employee is entitled to any forfeited compensation and medical benefits from the date the employee first requested the written approval.

B. No employee may change doctors without the written authorization of the insurance carrier, the commission or the attending physician.
A.R.S. § 23-635 — Arizona Code / Title 23 / Chapter 4 / Article 1.1 / Section 635
23-635 Weekly extended benefit amount
Status: in_force

23-635. Weekly extended benefit amount

The weekly extended benefit amount payable to an individual for a week of total unemployment in his eligibility period is an amount equal to the weekly benefit amount payable to him during his applicable benefit year.
A.R.S. § 23-322 — Arizona Code / Title 23 / Chapter 2 / Article 6 / Section 322
23-322 Directory orders
Status: in_force

23-322. Directory orders

A. If the report of a wage board is approved, the commission shall make and publish a directory order which shall define minimum fair rates in the occupation or occupations as recommended in the report of the wage board. The report shall include proposed administrative regulations the commission deems appropriate to complete the report of the wage board and to protect and maintain the minimum fair wage standards established. The administrative regulations shall include, among other things, regulations defining and governing learners and apprentices, their rates, number, piece rates or their relation to time rates, overtime or part-time rates, bonuses or special pay for special or extra work.

B. After a directory minimum fair wage order has been in effect for sixty days, and no appeal has been taken, it shall become mandatory.
A.R.S. § 23-108.03 — Arizona Code / Title 23 / Chapter 1 / Article 1 / Section 108.03
23-108.03 Performance of certain powers and duties
Status: in_force

23-108.03. Performance of certain powers and duties

A. The industrial commission of Arizona shall be responsible for determining the policy of the commission.

B. Any powers and duties prescribed by law to the commission in this chapter and chapters 2 and 6 of this title, whether ministerial or discretionary, may by resolution be delegated by the commission to the director or any of its department heads or assistants, provided, that the commission shall not delegate its power or duty to:

1. Make rules and regulations.

2. Commute awards to a lump sum.

3. License self-insurers.

C. The commission shall be responsible for the official acts of its employees acting in the name of the commission and by its delegated authority.

D. Labor department determinations, penalties and fines for labor violations shall be considered, authorized and determined by a vote of the commissioners. The commissioners shall consider whether a violation continues after the employer's course of conduct has ceased. For the purposes of this subsection, "labor department" means the labor department of the industrial commission of Arizona.
A.R.S. § 23-906 — Arizona Code / Title 23 / Chapter 6 / Article 1 / Section 906
23-906 Liability under chapter or under common law of employer securing compensation; carriers; service representatives; right of employee to make election; procedure for making election
Status: in_force

23-906. Liability under chapter or under common law of employer securing compensation; carriers; service representatives; right of employee to make election; procedure for making election

A. Employers who comply with the provisions of section 23-961 or 23-962 as to securing compensation, and the employers' workers' compensation insurance carriers or administrative service representatives, shall not be liable for damages at common law or by statute, except as provided in this section, for injury or death of an employee wherever occurring, but it shall be optional with employees to accept compensation as provided by this chapter or to reject the provisions of this chapter and retain the right to sue the employer as provided by law.

B. The employee's election to reject the provisions of this chapter shall be made by a notice in writing, signed and dated by him 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.

C. The notice shall be filed with the employer prior to injuries sustained by the employee, and within five days the employer shall file with his insurance carrier the notice so served by the employee. All employees shall be conclusively presumed to have elected to take compensation in accordance with the terms, conditions and provisions of this chapter unless the notice in writing has been served by the employee upon his employer prior to injury.

D. Every employer engaged in the occupations designated in this chapter shall post and keep posted in a conspicuous place upon his premises, in English and Spanish and available for inspection by all workmen, a notice in substantially the following form:

All employees are hereby notified that in the event they do not specifically reject the provisions of the compulsory compensation law they are deemed by the laws of Arizona to have accepted the provisions of such law, and to have elected to accept compensation under the terms of such law, and that under the terms thereof employees have the right to reject the same by written notice thereof prior to any injury sustained, and that blanks and forms for such notice are available to all employees at the office of this company.

E. If an employer fails to post and keep posted the notice as required by this section, or fails to keep available at the place where the employees are hired the blank forms of notice to be signed by the employee, no employee who thereafter engages in employment for such employer, during the time that the notices are not posted or during the time that the blanks are not available, shall be deemed to have accepted the provisions of this chapter, and it shall be optional for such employee, if injured during the period when blanks were not available or the notice was not posted, to accept compensation under the provisions of this chapter or maintain other action against the employer.
A.R.S. § 23-786 — Arizona Code / Title 23 / Chapter 4 / Article 6 / Section 786
23-786 False statement, misrepresentation or nondisclosure of material fact to defraud claimant; classification
Status: in_force

23-786. False statement, misrepresentation or nondisclosure of material fact to defraud claimant; classification

Any employing unit or any officer or agent of an employing unit or any other person who knowingly makes a false statement or representation believing it to be false, or who knowingly fails to disclose a material fact, in order to defraud an individual by preventing or reducing the payment of benefits to the individual entitled thereto, or in order to avoid becoming or remaining subject to this chapter or to avoid or reduce a contribution or other payment required from an employing unit under this chapter, or under the employment security law of another state, the federal government or a foreign government, is guilty of a class 3 misdemeanor.  Each such false statement or representation or failure to disclose a material fact shall constitute a separate offense.
A.R.S. § 23-431 — Arizona Code / Title 23 / Chapter 2 / Article 10 / Section 431
23-431 Standards of competency
Status: in_force

23-431. Standards of competency

The commission may establish requirements and standards of competency for individuals involved in inspecting, constructing, relocating, altering, dismantling, maintaining or repairing elevators, dumbwaiters, escalators, moving walks, boilers and pressure vessels.
A.R.S. § 23-572 — Arizona Code / Title 23 / Chapter 3 / Article 4 / Section 572
23-572 Services not insurance
Status: in_force

23-572. Services not insurance

A professional employer organization under this article is not engaged in the sale of insurance by offering, marketing, selling, administering or providing professional employer organization services or employee benefit plans for covered employees.
A.R.S. § 23-381 — Arizona Code / Title 23 / Chapter 2 / Article 8.1 / Section 381
23-381 Collective bargaining agreements
Status: in_force

23-381. Collective bargaining agreements

(Caution:  1998 Prop. 105 applies)

All or any portion of the earned paid sick time requirements of this article shall not apply to employees covered by a valid collective bargaining agreement, to the extent that such requirements are expressly waived in the collective bargaining agreement in clear and unambiguous terms.  No provisions of article 8.1 shall apply to employees covered by a collective bargaining agreement in effect on the effective date of this act until the stated expiration date in the collective bargaining agreement.
A.R.S. § 23-969 — Arizona Code / Title 23 / Chapter 6 / Article 4 / Section 969
23-969 Satisfaction of lien; release
Status: in_force

23-969. Satisfaction of lien; release

When any lien established by this article has been satisfied, the commission shall issue a release to the person against whom the lien is claimed. Such release shall be a document in a form as specified in section 11-480.
A.R.S. § 23-728 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 728
23-728 Standard rate of contribution
Status: in_force

23-728. Standard rate of contribution

The standard rate of contributions payable by each employer for calendar year 1985 and each year thereafter shall be five and four-tenths per cent of the wages paid by the employer during each calendar year.
A.R.S. § 23-319 — Arizona Code / Title 23 / Chapter 2 / Article 6 / Section 319
23-319 Notice of hearing on wage matters
Status: in_force

23-319. Notice of hearing on wage matters

Upon fixing the time and place for holding a hearing for considering wage matters referred to in this article, and at least fourteen days before the date of the hearing, the commission shall give public notice of the time, place and purpose thereof.
A.R.S. § 23-378 — Arizona Code / Title 23 / Chapter 2 / Article 8.1 / Section 378
23-378 Encouragement of more generous earned paid sick time policies; no effect on more generous policies or laws
Status: in_force

23-378. Encouragement of more generous earned paid sick time policies; no effect on more generous policies or laws

(Caution:  1998 Prop. 105 applies)

A. Nothing in this article shall be construed to discourage or prohibit an employer from the adoption or retention of an earned paid sick time policy more generous than the one required herein.

B. Nothing in this article shall be construed as diminishing the obligation of an employer to comply with any contract, collective bargaining agreement, employment benefit plan or other agreement providing more generous paid sick time to an employee than required herein. Nothing in this article shall be construed as diminishing the rights of public employees regarding paid sick time or use of paid sick time.

C. Nothing in this article shall be construed to supersede any provision of any local law that provides greater rights to paid sick time than the rights established under this article.
A.R.S. § 23-1062.03 — Arizona Code / Title 23 / Chapter 6 / Article 9 / Section 1062.03
23-1062.03 Evidence-based medical treatment guidelines
Status: in_force

23-1062.03. Evidence-based medical treatment guidelines

The commission shall develop and implement a process for the use of evidence-based medical treatment guidelines, where appropriate, to treat injured workers no later than December 31, 2014.  The commission shall provide a progress report to the governor, the president of the senate and the speaker of the house of representatives describing the status of the development and implementation of this process no later than the end of each calendar year beginning on December 31, 2012, and ending on December 31, 2014. If the commission requires additional time beyond December 31, 2014, to develop and implement this process, then the commission shall include in its 2014 report a projected timetable to complete the process.
A.R.S. § 23-756 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 756
23-756 Notice and sale of seized property
Status: in_force

23-756. Notice and sale of seized property

A. Except as otherwise provided in this section, the notice of sale and sale of property seized by the department under this article shall be conducted in the manner and the time provided in title 12, chapter 9, article 7, relating to the sale of property under execution.

B. Real property may be redeemed in the manner provided by title 12, chapter 8, article 11.

C. The department shall notify the debtor of the date, time and location of the sale of his property or right to property with a description of the property or right to property to be sold. The notice shall be given in person, left at the dwelling or usual place of business of the debtor or sent by first class mail to the debtor's last known address, not less than ten days before the day of the sale. If the property or right to property is perishable, the department shall give notice of the sale to the debtor in the manner and within the time limits which are reasonable considering the character and condition of the property.
A.R.S. § 23-415 — Arizona Code / Title 23 / Chapter 2 / Article 10 / Section 415
23-415 Citations
Status: in_force

23-415. Citations

A. If the director, following an inspection or investigation determines that there is reasonable cause to believe that violation exists he shall with reasonable promptness issue a citation to the employer. Each citation shall be in writing 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.

3. A notice that the employer may request a hearing pursuant to section 23-420 if he is aggrieved by the citation.

B. A certified mail delivery receipt or a signed verification of delivery in person shall be prima facie evidence of receipt of a citation.

C. Each citation issued under this section or a copy or copies thereof shall be prominently posted at or near each place a violation referred to in the citation existed.

D. No citation may be issued after the expiration of a period of six months from the date of the inspection or investigation which produced evidence of the violation.
A.R.S. § 23-573 — Arizona Code / Title 23 / Chapter 3 / Article 4 / Section 573
23-573 Rights; duties
Status: in_force

23-573. Rights; duties

A. Covered employees may enforce those rights against a professional employer organization that are allocated to the professional employer organization or that are shared between the professional employer organization and the client under a professional employer agreement or this article.

B. Any other rights, duties or obligations that are enforceable by an employee under the laws of this state shall remain enforceable against the client.
A.R.S. § 23-281 — Arizona Code / Title 23 / Chapter 2 / Article 5 / Section 281
23-281 Operation of certain railroad employers on prescribed time
Status: in_force

23-281. Operation of certain railroad employers on prescribed time

No railroad employer of two hundred fifty or more persons may operate business on other than the time as prescribed in section 1-242.
A.R.S. § 23-722.02 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 722.02
23-722.02 Employer request; employee disclosure; violation; classification; requirements
Status: in_force

23-722.02. Employer request; employee disclosure; violation; classification; requirements

A. After an employee is hired, is rehired or returns from an unpaid leave of absence, the employer shall request that the employee disclose whether the employee is subject to a wage assignment order to provide child support.

B. The employer shall not discriminate against, refuse to hire, discharge or otherwise discipline an employee who discloses an obligation to pay child support.

C. The obligor or person ordered to pay child support shall provide a copy of the order of assignment to the obligor's or person's present or future employer. An obligor or person who is ordered to pay child support and who fails to comply with this subsection is guilty of a class 3 misdemeanor.

D. If an obligor has multiple orders, the obligor shall provide the employer with a copy of each order.

E. On the disclosure of an obligation to pay child support along with a copy of the order, the employer shall begin withholding the support payments according to the terms of the order. If the disclosure is to a secondary employer, that employer shall not begin withholding support payments.

F. The director may adopt rules to implement and administer this section.

G. Nothing in this section shall be construed to allow the department to impose penalties for failing to comply with this section's requirements.
A.R.S. § 23-763 — Arizona Code / Title 23 / Chapter 4 / Article 5.1 / Section 763
23-763 Shared work benefits; eligibility; requirements
Status: in_force

23-763. Shared work benefits; eligibility; requirements

A. An individual is eligible to receive shared work benefits with respect to any week only if, in addition to meeting the requirements of article 6 of this chapter as modified by subsection E of this section, the department finds that during the week:

1. The individual is employed as a member of an affected group in an approved plan that was approved before the week and is in effect for the week.

2. The individual's normal weekly hours of work were reduced at least ten per cent but not more than forty per cent.

3. The individual met the requirements of section 23-771, subsection A, paragraphs 3 and 4.

B. Eligible individuals may participate in training to enhance job skills, including employer sponsored training or worker training funded under the workforce investment act of 1998, if the training is approved by the department.

C. The department shall not pay an individual shared work benefits for more than twenty-six weeks in a benefit year, except that this limitation does not apply to a week if for the period consisting of the week and the immediately preceding twelve weeks the rate, not seasonally adjusted, of insured unemployment in this state is equal to or greater than four per cent.

D. The total amount of regular benefits and shared work benefits that the department pays to an individual for weeks in the individual's benefit year shall not exceed the total for the benefit year as provided in section 23-780.

E. Notwithstanding section 23-621 or any other provision of this chapter, for purposes of this article an individual is unemployed in any week for which compensation is payable to the individual, as an employee in an affected group, for less than the individual's normal weekly hours of work in accordance with an approved plan in effect for the week.