A.R.S. § 23-1062.01 — Arizona Code / Title 23 / Chapter 6 / Article 9 / Section 1062.01
23-1062.01 Timely payment of medical, surgical and hospital benefit billing; content of bills; contracts between providers and carriers; exceptions; definitions
Status: in_force

23-1062.01. Timely payment of medical, surgical and hospital benefit billing; content of bills; contracts between providers and carriers; exceptions; definitions

A. An insurance carrier, self-insured employer or claims processing representative shall make a determination whether to deny or pay a medical bill on an accepted claim, in whole or in part, including the decision as to the amount to pay, within thirty days from the date the claim is accepted, if the billing is received before the date of acceptance, or within thirty days from the date of receipt of the billing if the billing is received after the date of acceptance. All billing denials shall be based on reasonable justification. The insurance carrier, self-insured employer or claims processing representative shall pay the approved portion of the billing within thirty days after the determination for payment is made. If the billing is not paid within the applicable time period, the insurance carrier, self-insured employer or claims processing representative shall pay interest to the health provider on the billing at a rate that is equal to the legal rate. Interest shall be calculated beginning on the date that the payment to the health care provider is due.

B. Any billing by a health care provider shall include all of the following:

1. The correct demographic patient information and claim number, if known.

2. The correct health care provider information, including name, address, telephone number and federal taxpayer identification number.

3. The appropriate medical coding with dollar amounts and units clearly stated with all descriptions.

4. Clearly printed date or dates of service.

5. Legible medical reports required for each date of service if the billing is for direct treatment of the injured worker.

C. An insurance carrier, self-insured employer or claims processing representative is not responsible for payment of any billings for medical, surgical or hospital benefits provided under this chapter unless the billings are received by the insurance carrier, self-insured employer or claims processing representative and any court action for the payment of the billings is commenced within twenty-four months from the date on which the medical service was rendered or from the date on which the health care provider knew or should have known that service was rendered on an industrial claim, whichever occurs later.  A subsequent billing or corrective billing does not restart the limitations period.

D. An injured worker is not responsible for payment of any portion of a medical bill for services rendered on an accepted claim and is not responsible for payment of any disputed amount between a health care provider and the insurance carrier, self-insured employer or claims processing representative.

E. An insurance carrier, self-insured employer or claims processing representative that is subject to this chapter may establish an internal system for resolving payment disputes and other contractual grievances with health care providers.

F. This section does not apply to health care providers that enter into an express written contract with the insurance carrier, the self-insured employer or a claims processing representative that specifies the period in which approved bills shall be paid and that includes contractual remedies for untimely bill payment. If the contract does not include remedies for untimely payment, payment must be made according to the provisions of the contract but the interest penalty prescribed by subsection A of this section shall apply to any late payment.  The commission does not have jurisdiction over disputes involving timely payment of billings under contracts between the insurance carrier, self-insured employer or claims processing representative and the health care provider.

G. For the purposes of this section:

1. "Accepted claim" means a claim for benefits under this chapter that has been accepted by a final notice of claim status or final order or award of the commission.

2. "Date of receipt" means the electronic acknowledgement date or, if a bill does not contain an electronic acknowledgment date, the date of receipt is presumed to occur five days after the bill was mailed to the recipient's address.
A.R.S. § 23-491.11 — Arizona Code / Title 23 / Chapter 2 / Article 12 / Section 491.11
23-491.11 Decisions of administrative law judge; contents; disposition and effect
Status: in_force

23-491.11. Decisions of administrative law judge; contents; disposition and effect

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

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

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

D. The decision is final when entered unless within fifteen days after the date on which a copy of the decision is mailed to the parties, one of the parties files a request for review pursuant to section 23-491.12. The decision shall contain a statement explaining the rights of the parties pursuant to such section.
A.R.S. § 23-961.01 — Arizona Code / Title 23 / Chapter 6 / Article 4 / Section 961.01
23-961.01 Self-insurance pools
Status: in_force

23-961.01. Self-insurance pools

A. Two or more employers, each of whom are engaged in similar industries, may enter into contracts to establish a workers' compensation pool to provide for the payment and administration of workers' compensation claims pursuant to this chapter. The members of each workers' compensation pool shall elect a board of trustees to manage the workers' compensation pool established pursuant to this section. Each member employer shall have been in business for at least five consecutive years before entering into a contract to establish a workers' compensation pool. The total amount of gross workers' compensation insurance premiums paid by the members of the pool in the year preceding the execution of the contract must equal at least seven hundred fifty thousand dollars. The group of employers that makes up a workers' compensation pool shall have been formed for a specific purpose, other than to engage in self-insurance, before the formation of a workers' compensation pool. Employers may establish workers' compensation pools pursuant to this section by one of the following means:

1. On a cooperative or contract basis.

2. Through the joint formation of a nonprofit corporation.

3. By the execution of a trust agreement to carry out the provisions of this chapter directly by the employers or by contracting with a third party.

B. A workers' compensation pool established pursuant to this section is subject to approval as a self-insurer by the industrial commission pursuant to section 23-961, subsection A, paragraph 2. The commission shall adopt rules as necessary to carry out the purposes of this section.

C. Workers' compensation pools established pursuant to this section are exempt from taxation under title 43.

D. Each agreement or contract shall provide that the members of a workers' compensation pool are jointly and severally liable for the liabilities of the pool. If a member of a pool discontinues its membership in the pool, that party shall be liable only for liabilities accruing prior to the discontinuation of its membership in the pool.

E. As to self-insurance pools established under this section, no pool, employer within a pool, or agent of any pool or employer within a pool may require an employee to be treated by or directed to any specific medical provider subsequent to the employee's initial visit to treat an industrial injury or illness, except as may be required as part of an independent medical examination for an employee making a workers' compensation claim.

F. The industrial commission shall adopt rules necessary for safeguarding the solvency of pools and guaranteeing that injured workers receive benefits as required under this chapter. These rules shall include, at a minimum, matters pertaining to classification and rating, loss reserves, investments, financial security including minimum and combined premiums, combined net worth and other indicia necessary for protection from insolvency, specific and aggregate excess insurance, group homogeneity and assessments necessary for participation in and administration of the workers' compensation system.
A.R.S. § 23-569 — Arizona Code / Title 23 / Chapter 3 / Article 4 / Section 569
23-569 Financial capability; bonding
Status: in_force

23-569. Financial capability; bonding

Every professional employer organization that is located in this state shall maintain either of the following:

1. A minimum net worth of at least $100,000.

2. A bond, an irrevocable letter of credit or securities that have a minimum market value of $100,000.  The bond shall be held by an insured depository institution in order to secure the payment of all taxes, wages, benefits or other entitlements, including amounts expended by the industrial commission's special fund under section 23-907 that are due to be paid by the professional employer organization with respect to covered employees if the professional employer organization fails to make the required payments.  Any bond, irrevocable letter of credit or securities that are deposited under this section shall not be included for the purposes of calculating the minimum net worth of the professional employer organization under this section.
A.R.S. § 23-362 — Arizona Code / Title 23 / Chapter 2 / Article 7 / Section 362
23-362 Minimum wage; prohibition
Status: in_force

23-362. Minimum wage; prohibition

(L97, Ch. 51, sec. 1.  Caution:  1998 Prop. 105 applies.)

A. The legislature declares that the establishment of a uniform minimum wage is a matter of statewide concern.

B. No political subdivision of this state may establish, mandate or otherwise require a minimum wage that exceeds the federal minimum wage prescribed in 29 United States Code section 206.
A.R.S. § 23-764 — Arizona Code / Title 23 / Chapter 4 / Article 5.1 / Section 764
23-764 Amount of benefits
Status: in_force

23-764. Amount of benefits

The department shall pay an individual eligible for shared work benefits with respect to any week a shared work benefit that is a proportionate amount as provided in this section of the employee's weekly benefit amount as provided in section 23-780. The department shall pay a shared work weekly benefit that is an amount directly proportionate to the ratio of the number of normal weekly hours of work for which the employer would not compensate the employee to the employee's normal weekly hours of work unless the employer compensates the employee on a piecework basis, in which case the department shall pay an amount directly proportionate to the ratio of the normal number of weekly pieces worked for which the employer would not compensate the employee to the employee's normal number of weekly pieces worked. If the amount is not an even multiple of one dollar, the department shall round it to the nearest dollar, and the department shall round an even one-half dollar to the next higher multiple of one dollar. Except as provided in section 23-791, the department shall not reduce the amount for compensation payable for the week. The provisions of section 23-789 which require the department to deduct and withhold certain amounts payable to an individual who is liable for child support obligations apply to this article.
A.R.S. § 23-620 — Arizona Code / Title 23 / Chapter 4 / Article 1 / Section 620
23-620 State
Status: in_force

23-620. State

"State" includes, in addition to the states of the United States, the District of Columbia, and the Commonwealth of Puerto Rico and the Virgin Islands.
A.R.S. § 23-1043.03 — Arizona Code / Title 23 / Chapter 6 / Article 8 / Section 1043.03
23-1043.03 Hepatitis C; establishing exposure; definition
Status: in_force

23-1043.03. Hepatitis C; establishing exposure; definition

A. A claim for a condition, infection, disease or disability involving or related to hepatitis C 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 conditions presents a prima facie claim for a condition, infection, disease or disability involving or related to hepatitis C 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 blood or body fluids, other than tears, saliva or perspiration, including health care providers as defined in section 36-661, forensic laboratory workers, fire fighters, law enforcement officers, emergency medical technicians, paramedics and correctional officers.

2. Within ten calendar days after a possible significant exposure that arises out of and in the course of his 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. The employee has blood drawn within ten days after the possible significant exposure, the blood is tested for hepatitis C by antibody testing within thirty days after the exposure and the test results are negative.

4. The employee is tested or diagnosed, according to clinical standards established by the centers for disease control of the United States public health service, as positive for the presence of hepatitis C within seven months after the date 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 hepatitis C.

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 hepatitis C related information either by document or by oral testimony. Evidence of the alleged source's hepatitis C 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. For the purposes of this section, "significant exposure" means contact of an employee's ruptured or broken skin or mucous membrane or other significant unbroken surface area with a person's blood or body fluids, other than tears, saliva or perspiration, of a magnitude that the centers for disease control have epidemiologically demonstrated can result in transmission of hepatitis C. For purposes of filing a claim under this section, significant exposure does not include sexual activity or illegal drug use.
A.R.S. § 23-1301 — Arizona Code / Title 23 / Chapter 8 / Article 1 / Section 1301
23-1301 Definitions
Status: in_force

23-1301. Definitions

In this article, unless the context otherwise requires:

1. "Labor organization" means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or other conditions of employment.

2. "Person" includes a natural person, a corporation, association, company, firm or labor organization.
A.R.S. § 23-486 — Arizona Code / Title 23 / Chapter 2 / Article 11 / Section 486
23-486 Boiler advisory board; members; terms; meetings
Status: in_force

23-486. Boiler advisory board; members; terms; meetings

A. The boiler advisory board is established to assist the commission in drafting standards and regulations for boilers, pressure vessels and lined hot water heaters.  The boiler advisory board consists of the following members who are appointed by the commission:

1. One member who represents the boiler, pressure vessel or lined hot water heater manufacturer industry.

2. One member who represents a public utility.

3. One member who represents the insurance industry.

4. One member who is an owner or operator of a boiler, pressure vessel or lined hot water heater.

5. One member who is a licensed contractor.

B. The initial members of the boiler advisory board shall assign themselves by lot to terms of one or two years in office. All subsequent members serve three-year terms of office.  The chairperson shall notify the commission of these appointments.

C. The boiler advisory board shall annually elect a chairperson from its members.

D. The boiler advisory board shall meet at least annually and on the call of the commission.  The commission shall determine the time and place of boiler advisory board meetings.
A.R.S. § 23-350 — Arizona Code / Title 23 / Chapter 2 / Article 7 / Section 350
23-350 Definitions
Status: in_force

23-350. Definitions

In this article, unless the context otherwise requires:

1. "Department" means the labor department of the industrial commission of Arizona.

2. "Employee" means any person who performs services for an employer under a contract of employment either made in this state or to be performed wholly or partly within this state.

3. "Employer" means any individual, partnership, association, joint stock company, trust or corporation, the administrator or executor of the estate of a deceased individual or the receiver, trustee or successor of any of such persons employing any person. Employer also includes this state and any county, municipality, school district or other political subdivision of this state.

4. "Hours worked" includes all time an employee is employed.

5. "Minimum wage" means the nondiscretionary minimum compensation due an employee by reason of employment, including the employee's commissions, but excluding tips or gratuities.

6. "Payroll card account" means an account that is directly or indirectly established through an employer and to which electronic fund transfers of an employee's wages are made on a recurring basis whether the account is operated or managed by the employer, a third-party payroll processor, a depository institution or any other person.

7. "Wages" means nondiscretionary compensation due an employee in return for labor or services rendered by an employee for which the employee has a reasonable expectation to be paid whether determined by a time, task, piece, commission or other method of calculation.
A.R.S. § 23-1067 — Arizona Code / Title 23 / Chapter 6 / Article 9 / Section 1067
23-1067 Commutation of compensation to lump sum payment
Status: in_force

23-1067. Commutation of compensation to lump sum payment

A. The commission may allow commutation of the compensation awarded pursuant to section 23-1044, subsection B to a lump sum payment of not to exceed twenty-five thousand dollars, with or without the consent of the carrier liable for the commutation, under such rules, regulations and system of computation as it devises for obtaining the present value of the compensation.

B. The commission may allow commutation of compensation pursuant to section 23-1044, subsection C, and section 23-1045, subsections B, C and D, to a lump sum of not to exceed twenty-five thousand dollars for commutation requests made before July 1, 1987, fifty thousand dollars for commutation requests made from and after June 30, 1987 but before July 1, 2007 and one hundred fifty thousand dollars for commutation requests made from and after June 30, 2007, with the consent of the carrier liable to pay the claim, under such rules, regulations and system of computation as it devises for obtaining the present value of the compensation.
A.R.S. § 23-1385 — Arizona Code / Title 23 / Chapter 8 / Article 5 / Section 1385
23-1385 Unfair labor practices; definition
Status: in_force

23-1385. Unfair labor practices; definition

A. It is an unfair labor practice for an agricultural employer:

1. To interfere with, restrain or coerce employees in the exercise of the rights guaranteed in section 23-1383 and articles 1 and 3 of this chapter or to violate the protection of employees from the practices described in article 4 of this chapter.

2. To dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it. An agricultural employer shall not be prohibited from permitting employees to confer with him during working hours without loss of time or pay.

3. To encourage or discourage membership in any labor organization by discrimination in regard to hiring or tenure of employment or any term or condition of employment.

4. To discharge or otherwise discriminate against an agricultural employee because he has filed charges or given testimony under this article.

5. To refuse to bargain collectively with the representatives of his employees, subject to section 23-1389. Nothing in this article shall be construed as requiring an agricultural employer to bargain collectively until a representative of his agricultural employees has been determined by means of a valid secret ballot election.

6. To discharge or otherwise discriminate against any person because he has filed charges or given testimony before the board or a court.

7. To threaten to have discharged any agricultural employee, or threaten to have wages of any agricultural employees reduced, solely because of any labor activity.

B. It is an unfair labor practice for a labor organization or its agents to:

1. Impose any economic sanction, to restrain or coerce agricultural employees in the exercise of their rights or to coerce or intimidate any employee in the enjoyment of his legal rights provided by this article, or to intimidate his family, picket his domicile or injure the person or property of any employee or his family. This paragraph does not impair the right of a labor organization to prescribe its own rules with respect to the acquisition or retention of membership.

2. Threaten or impose any economic sanction or reprisal against any person who is not a member of the labor organization in the exercise of rights under this article, including but not limited to the right to refrain from any or all concerted activity, or against any person, who is not a member of the labor organization, who refrains from compliance with a union rule, policy or practice that establishes or affects wages, hours or working conditions at such person's place of employment.

3. Restrain, coerce, or threaten or impose any fine or other economic sanction against any person who invokes the processes of the board, or the court, or against an agricultural employer or employee in the selection of his representatives for the purposes of collective bargaining or the adjustment of grievances.

4. Refuse to bargain collectively with an agricultural employer, provided it is the majority representative of his agricultural employees as determined pursuant to section 23-1389.

5. Cause or attempt to cause an agricultural employer to:

(a) Pay or deliver or agree to pay or deliver any money or other thing of value for services that are not performed or that are not to be performed.

(b) Establish or alter the number of employees to be employed or the assignment of the employees.

(c) Assign work to the employees of a particular employer.

(d) Discriminate in regard to hiring or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization. Nothing in this subdivision prohibits agreements between labor organizations and agricultural employers that regulate hiring and tenure of employment on the basis of seniority, and the labor organization is not given power to determine seniority unilaterally.

6. Engage in a secondary boycott as defined in section 23-1321.

7. Induce or encourage or threaten, restrain or coerce any secondary employer or any executive or management employee of any secondary employer to make a management decision not to handle, transport, process, pack, sell or distribute any agricultural commodity of an agricultural employer with whom a labor dispute exists.

8. Induce or encourage the ultimate consumer of any agricultural product to refrain from purchasing, consuming or using such agricultural product by the use of dishonest, untruthful and deceptive publicity. Permissible inducement or encouragement within the meaning of this section means truthful, honest and nondeceptive publicity that identifies the agricultural product produced by an agricultural employer with whom the labor organization has a primary dispute. Permissible inducement or encouragement does not include publicity directed against any trademark, trade name or generic name that may include agricultural products of another producer or user of such trademark, trade name or generic name.

9. Restrain, coerce or threaten an ultimate consumer to prevent him from purchasing, consuming or using such agricultural product.

10. Threaten or engage in arson, libel, slander, injury to person or property or other violent conduct if the objective is to prevent the preparing for market, transporting, handling, displaying for sale, or selling of any agricultural product.

11. Intimidate, restrain or coerce agricultural employers in the exercise of the rights guaranteed by section 23-1384.

12. Picket or cause to be picketed, boycott or cause to be boycotted, or threaten to boycott or picket, or cause to be boycotted or picketed, any agricultural employer if the objective is to induce, encourage, force or require an agricultural employer to recognize or bargain with a labor organization as the representative of his agricultural employees, or the agricultural employees of an agricultural employer to accept or select such labor organization as their collective bargaining representative unless such labor organization is currently certified as the representative of such employees:

(a) If the agricultural employer has lawfully recognized in accordance with this article any other labor organization and a question concerning representation may not appropriately be raised under section 23-1389.

(b) If within the preceding twelve months a valid election under section 23-1389 has been conducted.

(c) If a petition has been filed under section 23-1389.

13. Call a strike unless a majority of the employees within the bargaining unit has first approved the calling of such a strike by secret ballot.

C. The expressing of any views, argument or opinion or the making of any statement, including expressions intended to influence the outcome of an organizing campaign, a bargaining controversy, a strike, lockout or other labor dispute, or the dissemination of such views whether in written, printed, graphic, visual or auditory form, if such expression contains no threat of reprisal or force or promise of benefit, does not constitute or is not evidence of an unfair labor practice or does not constitute grounds for, or evidence justifying, setting aside the results of any election conducted under any of the provisions of this article. A statement of fact by either a labor organization or an agricultural employer relating to existing or proposed operations of the employer or to existing or proposed terms, tenure or conditions of employment with the employer shall not be considered to constitute a threat of reprisal or force or promise of benefit. An employer shall not be required to furnish or make available to a labor organization, and no labor organization shall be required to furnish or make available to an employer, materials, information, time or facilities to enable such employer or labor organization, as the case may be, to communicate with employees of the employer, members of the labor organization, its supporters or its adherents.

D. For the purposes of this section, "bargain collectively" means the performance of the mutual obligation of the agricultural employer and the representative of the agricultural employees to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment that directly affect the work of employees, or the negotiation of an agreement, or to resolve any question arising thereunder. Bargain collectively includes the furnishing of necessary and relevant information in connection with the negotiation of an agreement or any issue arising under such agreement, or requiring as a condition for entering into an agreement the execution of a written contract incorporating any agreement reached if requested by either party. The failure or refusal of either party to agree to a proposal, to the making, changing or withdrawing of a lawful proposal or to the making of a concession does not constitute, or is not evidence, direct or indirect, of, a breach of this obligation. The board in any remedial order shall not direct either party to make any concession, agree to any proposal or make any payment of money except to employees who are reinstated with back pay as provided in section 23-1390. This section does not require any agricultural employer to bargain collectively with respect to any management rights. "Management rights", as used in this subsection, includes but is not limited to the right to discontinue the entire farming operation or any part of the operation, to contract out any part of the work of the operation not covered by a labor contract, to sell or lease any of the real or personal property involved in the operation or to determine the methods, equipment and facilities to be used in producing agricultural products or the agricultural products to be produced.

E. If there is in effect a collective bargaining contract covering agricultural employees, the duty to bargain collectively also means that no party to the contract may terminate or modify the contract, unless the party desiring such termination or modification:

1. Serves a written notice on the other party to the contract of the proposed termination or modification not less than sixty days prior to the expiration date of the contract, or if such contract contains no expiration date, sixty days prior to the time it is proposed to make such termination or modification.

2. Offers to meet and confer with the other party for the purpose of negotiating a new contract or a contract containing the proposed modifications.

3. Continues the contract in full force and effect without resorting to a strike or lockout for a period of sixty days after such notice is given or until the expiration date of such contract, whichever occurs later.

F. The duties imposed on agricultural employers, agricultural employees and labor organizations become inapplicable on an intervening certification of the board, under which the labor organization or individual that is a party to the contract has been superseded as or ceased to be the representative of the employees subject to section 23-1389, and the duties so imposed shall not be construed as requiring either party to discuss or agree to any modification of the terms and conditions contained in a contract for a fixed period, if such modification is to become effective before such terms and conditions can be reopened under the provisions of the contract. Any agricultural employee who engages in a strike within the sixty day period specified in this subsection loses his status as an agricultural employee of the agricultural employer engaged in the particular labor dispute for the purposes of this section and sections 23-1389 and 23-1390, but such loss of status for such employee terminates when he is reemployed by such employer.
A.R.S. § 23-1070.01 — Arizona Code / Title 23 / Chapter 6 / Article 9 / Section 1070.01
23-1070.01 Request for early hearing; stipulation; action of commission
Status: in_force

23-1070.01. Request for early hearing; stipulation; action of commission

A. If a request for hearing filed in connection with a change of physician under section 23-1070 alleges, by affidavit, that immediate and irreparable injury, loss or damage will result if the hearing is not held before the times otherwise prescribed by article 3 of this chapter or if all interested parties, in person or by counsel, stipulate in the request for hearing that the hearing should be held before the times otherwise prescribed by article 3 of this chapter, the commission shall:

1. Immediately issue a notice to all parties setting a hearing date not more than fifteen days later.

2. Require that the administrative law judge, who shall not be subject to the notice or affidavit for change prescribed by section 23-941, subsection I or J, determine the matter and make an award, if any, within five days after completion of the hearing.

B. All other procedures prescribed for subsequent actions with regard to the hearing or award shall be as otherwise prescribed by law.
A.R.S. § 23-1061 — Arizona Code / Title 23 / Chapter 6 / Article 9 / Section 1061
23-1061 Notice of accident; form of notice; claim for compensation; reopening; payment of compensation; notification of injury
Status: in_force

23-1061. Notice of accident; form of notice; claim for compensation; reopening; payment of compensation; notification of injury

A. Notwithstanding section 23-908, subsection E, no claim for compensation shall be valid or enforceable unless the claim is filed with the commission by the employee, or if resulting in death by the parties entitled to compensation, or someone on their behalf, in writing within one year after the injury occurred or the right thereto accrued.  The time for filing a compensation claim begins to run when the injury becomes manifest or when the claimant knows or in the exercise of reasonable diligence should know that the claimant has sustained a compensable injury. Except as provided in subsection B or N of this section, neither the commission nor any court shall have jurisdiction to consider a claim that is not timely filed under this subsection, except if the employee or other party entitled to file the claim has delayed in doing so because of justifiable reliance on a material representation by the commission, employer or insurance carrier or if the employee or other party entitled to file the claim is insane or legally incompetent or incapacitated at the time the injury occurs or the right to compensation accrues or during the one-year period thereafter. If the insanity or legal incompetence or incapacity occurs after the one-year period has commenced, the running of the remainder of the one-year period shall be suspended during the period of insanity or legal incompetence or incapacity. If the employee or other party is insane or legally incompetent or incapacitated when the injury occurs or the right to compensation accrues, the one-year period commences to run immediately on the termination of insanity or legal incompetence or incapacity. The commission on receiving a claim shall give notice to the insurance carrier.

B. Failure of an employee or any other party entitled to compensation to file a claim with the commission within one year or to comply with section 23-908 shall not bar a claim if the insurance carrier or employer has commenced payment of compensation benefits under section 23-1044, 23-1045 or 23-1046, except that the payments provided for by section 23-1046, subsection A, paragraph 1 and section 23-1065, subsection A shall not be considered compensation benefits for the purposes of this section.

C. If the commission receives a notification of the injury, the commission shall send a claim form to the employee.

D. The issue of failure to file a claim must be raised at the first hearing on a claim for compensation in respect to the injury or death.

E. Within ten days after receiving notice of an accident, the employer shall inform the employer's insurance carrier and the commission on such forms as may be prescribed by the commission.

F. Each insurance carrier and self-insuring employer shall report to the commission a notice of the first payment of compensation and shall serve on the commission and the employee any denial of a claim, any change in the amount of compensation and the termination of compensation, except that claims for medical, surgical and hospital benefits that are not denied shall be reported to the commission in the form and manner determined by the commission.  In all cases where compensation is payable, the insurance carrier or self-insuring employer shall promptly determine the average monthly wage pursuant to section 23-1041. Within thirty days after the payment of the first installment of compensation, the insurance carrier or self-insuring employer shall notify the employee and commission of the average monthly wage of the claimant as calculated, and the basis for such determination. The commission shall then make its own independent determination of the average monthly wage pursuant to section 23-1041. The commission, within thirty days after receipt of such notice, shall notify the employee, employer and insurance carrier of such determination. The amount determined by the commission shall be payable retroactive to the first date of entitlement. The first payment of compensation shall be accompanied by a notice on a form prescribed by the commission stating the manner in which the amount of compensation was determined.

G. Except as otherwise provided by law, the insurance carrier or self-insuring employer shall process and pay compensation and provide medical, surgical and hospital benefits, without the necessity for the making of an award or determination by the commission.

H. On a claim that has been previously accepted, an employee may reopen the claim to secure an increase or rearrangement of compensation or additional benefits by filing with the commission a petition requesting the reopening of the employee's claim on the basis of a new, additional or previously undiscovered temporary or permanent condition, which petition shall be accompanied by a statement from a physician setting forth the physical condition of the employee relating to the claim. A claim shall not be reopened if the initial claim for compensation was previously denied by a notice of claim status or determination by the commission and the notice or determination was allowed to become final and no exception applies under section 23-947 excusing a late filing to request a hearing. A claim shall not be reopened because of increased subjective pain if the pain is not accompanied by a change in objective physical findings. A claim shall not be reopened solely for additional diagnostic or investigative medical tests, but expenses for any reasonable and necessary diagnostic or investigative tests that are causally related to the injury shall be paid by the employer or the employer's insurance carrier. Expenses for reasonable and necessary medical and hospital care and laboratory work shall be paid by the employer or the employer's insurance carrier if the claim is reopened as provided by law and if these expenses are incurred within fifteen days before the date that the petition to reopen is filed. The payment for such reasonable and necessary medical, hospital and laboratory work expense shall be paid for by the employer or the employer's insurance carrier if the claim is reopened as provided by law and if such expenses are incurred within fifteen days before the filing of the petition to reopen. Surgical benefits are not payable for any period before the date of filing a petition to reopen, except that surgical benefits are payable for a period before the date of filing the petition to reopen not to exceed seven days if a bona fide medical emergency precludes the employee from filing a petition to reopen before the surgery.  No monetary compensation is payable for any period before the date of filing the petition to reopen.

I. On the filing of a petition to reopen a claim, the commission shall in writing notify the employer's insurance carrier or the self-insuring employer, which shall in writing notify the commission and the employee within twenty-one days after the date of such notice of its acceptance or denial of the petition. The reopened claim shall be processed thereafter in like manner as a new claim.

J. The commission shall investigate and review any claim in which it appears to the commission that the claimant has not been granted the benefits to which such claimant is entitled.  If the commission determines that payment or denial of compensation is improper in any way, it shall hold a hearing pursuant to section 23-941 within sixty days after receiving notice of such impropriety. Any claim for temporary partial disability benefits under this subsection must be filed with the commission within two years after the date the claimed entitlement to compensation accrued or within two years after the date on which an award for benefits encompassing the entitlement period becomes final.  A claim for temporary partial disability compensation shall be deemed to accrue when the employee knew or with the exercise of reasonable diligence should have known that the insurance carrier, self-insured employer or special fund denied or improperly paid compensation. A claim for temporary partial disability benefits shall not be deemed to have accrued any earlier than September 26, 2008.

K. When there is a dispute as to which employer or insurance carrier is liable for the payment of a compensable claim, the commission, by order, may designate the employer or insurance carrier that shall pay the claim. Payment shall begin within fourteen days after the employer or insurance carrier has been ordered by the commission to commence payment. When a final determination has been made as to which employer or insurance carrier is actually liable, the commission shall direct any necessary monetary adjustment or reimbursement among the parties or insurance carriers involved.

L. On application to the commission and for good cause shown, the commission may direct that a document filed as a claim for compensation benefits be designated as a petition to reopen, effective as of the original date of filing.  In like manner on application and good cause shown, the commission may direct that a document filed as a petition to reopen be designated as a claim for compensation benefits, effective as of the original date of filing.

M. If the insurance carrier or self-insurer does not issue a notice of claim status denying the claim within twenty-one days after the date the insurance carrier is notified by the commission of a claim or of a petition to reopen, the insurance carrier shall pay immediately compensation as if the claim were accepted, from the date the insurance carrier is notified by the commission of a claim or petition to reopen until the date on which the insurance carrier issues a notice of claim status denying such claim.  Compensation includes medical, surgical and hospital benefits. This section shall not apply to cases involving seven days or less of time lost from work.

N. If an insurance carrier or self-insured employer receives written notification of an injury from an employee who was injured and intends to file a claim for compensation, the insurance carrier or self-insured employer must forward the written notification of the injury and intended claim for compensation to the commission within seven business days and inform the employee of the employee's requirement to file a claim with the commission.  The one-year period as prescribed in subsection A of this section is suspended from the date the insurance carrier or self-insured employer received written notification of the injury and intended claim for compensation until the date that the insurance carrier or self-insured employer forwards the written notification to the commission. When the commission receives such notification, the commission must notify the employee of the employee's responsibility to file a claim with the commission pursuant to this section.
A.R.S. § 23-1502 — Arizona Code / Title 23 / Chapter 9 / Article 1 / Section 1502
23-1502 Constructive discharge
Status: in_force

23-1502. Constructive discharge

A. In any action under the statutes of this state or under common law, constructive discharge may only be established by either of the following:

1. Evidence of objectively difficult or unpleasant working conditions to the extent that a reasonable employee would feel compelled to resign, if the employer has been given at least fifteen days' notice by the employee that the employee intends to resign because of these conditions and the employer fails to respond to the employee's concerns.

2. Evidence of outrageous conduct by the employer or a managing agent of the employer, including sexual assault, threats of violence directed at the employee, a continuous pattern of discriminatory harassment by the employer or by a managing agent of the employer or other similar kinds of conduct, if the conduct would cause a reasonable employee to feel compelled to resign.

B. As a precondition to the right of an employee to bring a constructive discharge claim against an employer pursuant to subsection A, paragraph 1 of this section, the employee shall take each of the following actions before deciding whether to resign:

1. Notify an appropriate representative of the employer, in writing, that a working condition exists that the employee believes is objectively so difficult or unpleasant that the employee feels compelled to resign or intends to resign.

2. Allow the employer fifteen calendar days to respond in writing to the matters presented in the employee's written communication under paragraph 1 of this subsection.

3. Read and consider the employer's response to the employee's written communication under paragraph 1 of this subsection.

C. If an employee reasonably believes that the employee cannot continue to work during the period for the employer to respond to the employee's written communication regarding the conditions allegedly constituting constructive discharge, the employee is entitled to a paid or unpaid leave of up to fifteen calendar days or until the time when the employer has responded in writing to the employee's written communication, whichever occurs first.

D. Any communications or actions by an employer in response to an employee's communications about the employee's working conditions shall not be deemed an admission by the employer that it has committed any action that gives rise to any claim or cause of action by the employee against the employer.

E. An employer shall be deemed to have waived the right to notice under subsection A, paragraph 1 if the employer fails to provide written notice to its employees of the requirements of this section as follows:

1. Notice by the employer under this section shall be provided by the posting of a notice, substantially in the form set forth in paragraph 2 of this subsection, in conspicuous places on the employer's premises where notices to employees are customarily posted, by including substantially similar language in an employment handbook or policy manual that is distributed to employees or by including the notice in a written communication that is provided to employees.

2. A notice that is substantially in the following form satisfies the notice requirements of this section:

Notice

An Employee is encouraged to communicate to the employer whenever the employee believes working conditions may become intolerable to the employee and may cause the employee to resign. Under section 23-1502, Arizona Revised Statutes, an employee may be required to notify an appropriate representative of the employer in writing that a working condition exists that the employee believes is intolerable, that will compel the employee to resign or that constitutes a constructive discharge, if the employee wants to preserve the right to bring a claim against the employer alleging that the working condition forced the employee to resign.

Under the law, an employee may be required to wait for fifteen calendar days after providing written notice before the employee may resign if the employee desires to preserve the right to bring a constructive discharge claim against the employer. An employee may be entitled to paid or unpaid leave of absence of up to fifteen calendar days while waiting for the employer to respond to the employee's written communication about the employee's working condition.

F. Notwithstanding any other requirements of this section, an employee may bring a constructive discharge claim without prior written notice in the event of outrageous conduct by the employer or by a managing agent of the employer including sexual assault, threats of violence directed at the employee, a continuous pattern of discriminatory harassment by the employer or by a managing agent of the employer or other conduct if the conduct would cause a reasonable employee to feel compelled to resign.
A.R.S. § 23-962 — Arizona Code / Title 23 / Chapter 6 / Article 4 / Section 962
23-962 Insurance by governmental units; payment of premiums
Status: in_force

23-962. Insurance by governmental units; payment of premiums

A. Any county, city, town, municipal corporation or school district shall insure in any manner prescribed by the terms of section 23-961. Effective July 1, 1983, this state through the department of administration shall self-insure its liability, if any, under chapter 5 of this title and this chapter without the necessity of complying with section 23-961, subsection A, paragraph 2. On or before June 30, 1983, the state compensation fund and the department of administration shall enter into an interagency contract pursuant to title 11, chapter 7, article 3 for the return to this state of the reserves established and held by the state compensation fund for all claims against this state that were incurred on or before that date. These reserves shall be credited to the state general fund.  The department of administration shall direct the continuing payment and processing of all claims against this state for injuries to state employees that were incurred both before and after July 1, 1983.  All claims payments shall be made or reimbursed by the department on behalf of this state and for expenses incurred in connection with the payment and processing of such claims. The department of administration may procure excess loss coverage from an insurance carrier for individual or aggregate claims, or both, in such amounts and at such primary retention levels as the department of administration deems in the best interest of the state.

B. The clerk of the board of supervisors of each county, the clerk of each political subdivision and the superintendent of each school district that insures its workers' compensation liability with an insurance carrier shall furnish quarterly to the insurance carrier a true payroll showing the total amount paid to employees subject to the provisions of this chapter during each month of the quarter, segregated in accordance with the requirements of the insurance carrier.

C. Each clerk and school superintendent shall thereupon prepare and submit to his respective governing body for approval a claim for the amount of premiums due the insurance carrier. Such premiums shall be at once paid to the insurance carrier by the proper officer. The department of administration shall draw a warrant for such premiums as are due until June 30, 1983 from the state in favor of the treasurer for the benefit of the insurance carrier and the treasurer shall at once pay the warrant from the general fund and the appropriation made therefor in the general appropriation bill for the insurance carrier.
A.R.S. § 23-487 — Arizona Code / Title 23 / Chapter 2 / Article 11 / Section 487
23-487 Political subdivision jurisdiction
Status: in_force

23-487. Political subdivision jurisdiction

This article shall apply to any political subdivisions of this state except those political subdivisions having boiler inspection regulations equal to those of this state at the time this article becomes effective.
A.R.S. § 23-675 — Arizona Code / Title 23 / Chapter 4 / Article 3 / Section 675
23-675 Depositions; oaths; attendance of witnesses; production of papers
Status: in_force

23-675. Depositions; oaths; attendance of witnesses; production of papers

In the discharge of the duties imposed by this chapter, the appeal tribunal, appeals board or any duly authorized representative of the department may administer oaths and affirmations, take depositions, certify to official acts and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda and other records deemed necessary as evidence in connection with a disputed claim or the administration of this chapter. Duly authorized employees or representatives of the department or peace officers may serve subpoenas issued pursuant to this section.
A.R.S. § 23-1392 — Arizona Code / Title 23 / Chapter 8 / Article 5 / Section 1392
23-1392 Violation; classification
Status: in_force

23-1392. Violation; classification

Any person who knowingly resists, prevents, impedes or interferes with any member of the board or any of its agents or agencies in the performance of duties pursuant to this article or who violates any provision of this article is guilty of a class 1 misdemeanor. This section does not apply to any activities carried on outside this state.
A.R.S. § 23-645 — Arizona Code / Title 23 / Chapter 4 / Article 2 / Section 645
23-645 State-federal cooperation
Status: in_force

23-645. State-federal cooperation

In the administration of this chapter, the department shall:

1. Cooperate with the United States department of labor to the fullest extent consistent with the provisions of this chapter;

2. Take such action as may be necessary to secure to this state and its citizens all advantages available under the provisions of the social security act that relate to unemployment compensation, the federal unemployment tax act, the Wagner-Peyser act and the federal-state extended unemployment compensation act of 1970;

3. Comply with the regulations prescribed by the United States department of labor relating to the receipt or expenditure by this state of money granted under any of such acts; and

4. Make such reports, in such form and containing such information as the secretary of labor may from time to time require and comply with such provisions as the secretary of labor may find from time to time necessary to assure the correctness and verification of such reports.
A.R.S. § 23-679 — Arizona Code / Title 23 / Chapter 4 / Article 3 / Section 679
23-679 Fees of witnesses
Status: in_force

23-679. Fees of witnesses

Witnesses subpoenaed pursuant to this chapter shall be allowed fees, not less than those paid in the superior court, at a rate fixed by the department, except that an employing unit or a representative or agent of an employing unit subpoenaed to testify or produce books and records under the authority of section 23-675 in connection with that employing unit's liability under article 5 of this chapter shall not be allowed witness fees or mileage. The fees are deemed a part of the expense of administering this chapter.
A.R.S. § 23-1389 — Arizona Code / Title 23 / Chapter 8 / Article 5 / Section 1389
23-1389 Representatives and elections
Status: in_force

23-1389. Representatives and elections

A. Representatives selected by a secret ballot for the purposes of collective bargaining by the majority of the agricultural employees in a unit appropriate for such purposes are the exclusive representatives of all of the agricultural employees in such unit for the purpose of collective bargaining in respect to rates of pay, wages, hours of employment or other conditions of employment. If ratification of any such contract is required, the right to vote in such ratification is limited to the employees in the bargaining unit. Any individual agricultural employee or a group of agricultural employees at any time may present grievances to their agricultural employer and have such grievances adjusted, without the intervention of the bargaining representative, if the adjustment is not inconsistent with the terms of a collective bargaining contract or agreement then in effect. The bargaining representative may be present at such adjustment.

B. The board shall decide in each case whether in order to ensure to employees the fullest freedom in exercising their rights the unit appropriate for the purposes of collective bargaining shall consist of either all temporary agricultural employees or all permanent agricultural employees of an agricultural employer working at the farm where such employer grows or produces agricultural products, or both. In making unit determinations the extent of a union's extent of organization shall not be controlling. Principal factors should be the community of interest between employees, the same hours, duties and compensation, the administrative structure of the employer and the control of labor relations policies.

C. The board shall investigate any petition and, if it has reasonable cause to believe that a question of representation exists, shall provide for an appropriate hearing on due notice, if such petition has been filed in good faith in accordance with the rules that may be prescribed by the board:

1. By an agricultural employee or group of agricultural employees or any individual or labor organization acting in its behalf alleging that thirty per cent or more of the number of agricultural employees in the unit in question either wish to be represented for collective bargaining and that their employer declines to recognize their representative or assert that the individual or labor organization that has been certified or that is being currently recognized by their employer as the bargaining representative is no longer a representative.

2. By an agricultural employer, alleging that one or more individuals or labor organizations have presented to him a claim to be recognized as the representative or that an individual or labor organization that has previously been certified as the bargaining representative is no longer a representative.

D. If the board finds on the record of such hearing that a question of representation exists, it shall direct an election by secret ballot and shall certify the results. If a second labor organization files a petition for an election alleging that thirty per cent or more of the employees in the unit in question desire to be represented by that labor organization, the board shall require that the names of both labor organizations appear on the ballot. In any election the voters shall be afforded the choice of "no union". If in a representational election more than one union is on the ballot, and none of the choices receives a majority vote, a second election shall be held. The second election shall be between the union receiving the highest number of votes and "no union". In any election a labor organization shall obtain a majority of all votes cast in that election in order to be certified as the bargaining representative of all of the employees in that unit.

E. In determining whether or not a question of representation exists, the same rules of decision apply irrespective of the identity of the persons filing the petition or the kind of relief sought. In no case may the board deny a labor organization a place on the ballot by reason of an order with respect to such labor organization or its predecessor not issued in conformity with section 23-1390.

F. Within five days of receipt of such a petition, the agricultural employer may file a challenge to such petition on the ground that the authorization for the filing of such petition is not current or that such authorization has been obtained by fraud, misrepresentation or coercion. The petition shall not act to stay the election proceeding, but if it is thereafter determined that the authorizations are not current or are obtained by fraud, misrepresentation or coercion the petition will be dismissed.

G. No election may be directed or conducted in any bargaining unit or any subdivision of a bargaining unit within which, in the preceding twelve month period, a valid election has been held. Employees who are engaged in an economic strike and who are not entitled to reinstatement are eligible to vote under such rules as the board finds are consistent with the purposes and provisions of this article in any election conducted within three months after the commencement of the strike. Any agricultural employee who is found to have sought or accepted employment only for the purpose of affecting the outcome of an election is not eligible to vote in an election conducted pursuant to this article for a period of twelve months from the date of that election.

H. Nothing in this section shall be construed to prohibit the waiving of hearings by stipulation for the purpose of a consent election in conformity with rules or decisions of the board.

I. Within ten days after an election is directed by the board or a consent election agreement is approved by the board and on request of the board, the agricultural employer shall furnish to the board a list of agricultural employees in the bargaining unit who are qualified to vote, and this list shall be made available to the organizations or other interested employees involved in the election.

J. On the filing with the board, by thirty per cent or more of the agricultural employees in a bargaining unit covered by a certification or by an agreement between their employer and a labor organization made pursuant to section 23-1385, of a petition alleging the desire that such representation authority be rescinded, the board shall conduct an election by secret ballot of the employees in such unit and shall certify the results to the labor organization and the employer.
A.R.S. § 23-203 — Arizona Code / Title 23 / Chapter 2 / Article 1 / Section 203
23-203 Compulsion or coercion of employee or another to buy from a particular person; classification
Status: in_force

23-203. Compulsion or coercion of employee or another to buy from a particular person; classification

A person who knowingly compels, or in any manner seeks to coerce any employee or any person to purchase goods or supplies from any particular person is guilty of a class 2 misdemeanor.
A.R.S. § 23-359 — Arizona Code / Title 23 / Chapter 2 / Article 7 / Section 359
23-359 Effect of department determination
Status: in_force

23-359. Effect of department determination

Unless review is sought pursuant to section 23-358, the department's determination shall be final upon the expiration of the time for seeking review. A final determination by the department shall be in writing and signed by the director. The final determination may be filed, recorded and executed upon in the same manner as provided by law for judgments and shall draw interest at the same rate as a judgment from the date of final determination. A final determination of the department which determines or purports to determine the validity or amount of any counterclaim or any claim of debt, reimbursement, recoupment or set-off by the employer shall be binding and conclusive only as to the amount of wages to be paid the employee, if any, and shall not in any way preclude the employer from raising and litigating such counterclaim or claim in a civil action.
A.R.S. § 23-1342 — Arizona Code / Title 23 / Chapter 8 / Article 3 / Section 1342
23-1342 Compelling or coercing another not to join labor union as requisite to employment; classification
Status: in_force

23-1342. Compelling or coercing another not to join labor union as requisite to employment; classification

A person who coerces or compels any other person to enter into an agreement, either written or oral, not to join or become a member of a labor organization, as a condition of the other person obtaining employment or continuing in the employment of such person, is guilty of a class 2 misdemeanor.
A.R.S. § 23-787 — Arizona Code / Title 23 / Chapter 4 / Article 6 / Section 787
23-787 Repayment of and deductions for benefits obtained by claimants not entitled to benefits; collection; interest
Status: in_force

23-787. Repayment of and deductions for benefits obtained by claimants not entitled to benefits; collection; interest

A. A person who receives any amount as benefits under this chapter to which the person is not entitled is liable to repay the overpaid amount to the department. The department may deduct all or a portion of the overpayment from future benefits payable to the person under this chapter.

B. If benefits to which a person is not entitled are received by reason of fraud committed by the person as determined by the department, the department shall assess a penalty on the person equal to fifteen percent of the amount of the erroneous payment and the person is not eligible to receive any benefits under this chapter until the total amount of the overpayment and all penalties and interest have been recovered or otherwise satisfied in compliance with a civil judgment.  For the purposes of this section only, any interest on a fraud overpayment that has been waived under subsection G of this section shall be treated as though it was recovered.  Fraud overpayments and penalties may not be waived. The department shall immediately deposit all assessments paid pursuant to this subsection in the unemployment compensation fund established by section 23-701.

C. If benefits to which a person is not entitled are received without any fault on the person's part and if repayment or deduction from future benefits would be against equity and good conscience, the department may waive all or a portion of the amount overpaid.

D. If benefits to which a person is not entitled are received without any fault on the person's part, deductions made by the department pursuant to subsection A of this section from benefits payable to an individual for any week shall not exceed twenty-five percent of the individual's weekly benefit amount unless required by federal law, except that the amount recouped from benefits payable may be fifty percent of the weekly benefit amount if the individual has previously received benefits but has not received benefits for at least twelve consecutive months before the most recent receipt of benefits and there has been no reasonable attempt to repay the indebtedness during that period. The fifty percent recoupment rate may not be put in effect before one year after the establishment of the overpayment.

E. The department shall adopt rules to implement subsection D of this section.

F. The attorney general or the appropriate county attorney may institute appropriate court proceedings to recover in the name of the department any amount for which a person is liable to the department.

G. Interest on all benefit overpayment debts, including those reduced to judgment, shall accrue at ten percent a year. The department may waive a portion of any accrued interest on a benefit overpayment debt for good cause shown. For benefit overpayment debts classified as fraud, the amount of interest waived may not exceed twenty-five percent.

H. The department may not collect an overpayment amount or interest amount that has been waived pursuant to subsection C or G of this section, respectively.

I. This section does not prohibit the department from accepting voluntary payments.
A.R.S. § 23-1387 — Arizona Code / Title 23 / Chapter 8 / Article 5 / Section 1387
23-1387 Powers and duties
Status: in_force

23-1387. Powers and duties

A. By one or more of its members or by such agents or agencies as it may designate, the board may prosecute any inquiry necessary to its functions in any part of this state. A member of the board who participates in any such inquiry shall not be disqualified from subsequently participating in a decision of the board in the same case.

B. The board shall adopt rules pursuant to title 41, chapter 6 as may be necessary to carry out this article.

C. The board may also establish offices in such other cities as it deems necessary and shall determine the region to be served by such offices. The board may delegate to the heads of these offices as it deems appropriate its powers under section 23-1389 to determine the unit appropriate for the purpose of collective bargaining, to investigate and provide for hearings, to determine whether a question of representation exists and to direct an election by a secret ballot and to certify, within a reasonable period of time, the results of such election. The board may review any action taken pursuant to the authority delegated under this subsection by any regional officer on a request for a review of such action filed with the board by any interested party. Any such review made by the board, unless specifically ordered by the board, does not operate as a stay of any action taken by the regional officer. The entire record considered by the board in considering or acting on any such request or review shall be made available to all parties before the consideration or action, and the board's findings and action thereon shall be published as a decision of the board.
A.R.S. § 23-961 — Arizona Code / Title 23 / Chapter 6 / Article 4 / Section 961
23-961 Methods of securing compensation by employers; deficit premium; civil penalty
Status: in_force

23-961. Methods of securing compensation by employers; deficit premium; civil penalty

A. Employers shall secure workers' compensation to their employees in one of the following ways:

1. By insuring and keeping insured the payment of such compensation with an insurance carrier authorized by the director of the department of insurance and financial institutions to write workers' compensation insurance in this state.

2. By furnishing to the commission satisfactory proof of financial ability to pay the compensation directly or through a workers' compensation pool approved by the commission in the amount and manner and when due as provided in this chapter. The requirements of this paragraph may be satisfied by furnishing to the commission satisfactory proof that the employer is a member of a workers' compensation pool approved by the commission pursuant to section 23-961.01. The commission may require a deposit or any other security from the employer for the payment of compensation liabilities in an amount fixed by the commission, but not less than $100,000 dollars for workers' compensation liabilities.  If the employer does not fully comply with the provisions of this chapter relating to the payment of compensation, the commission may revoke the authority of the employer to pay compensation directly.

B. An employer may not secure compensation to comply with this chapter by any mechanism other than as provided in this section. No insurance, combination or other program may be marketed, offered or sold as workers' compensation that does not comply with this section.  An employer violates this chapter if the employer purchases or secures its obligations under this chapter through a substitute for workers' compensation that does not comply with this section.

C. Insurance carriers that transact the business of workers' compensation insurance in this state are subject to the rules of the director of the department of insurance and financial institutions.

D. On application of an insurance carrier, the director of the department of insurance and financial institutions may order the release to the insurance carrier of all or part of the cash or securities that the insurance carrier deposited before July 1, 2015 with the state treasurer pursuant to this section.  In determining whether to order the release of all or part of the deposit, the director of the department of insurance and financial institutions shall consider all of the following:

1. The financial condition of the insurance carrier.

2. The insurance carrier's liabilities for workers' compensation loss and loss expenses in this state.

3. Whether the insurance carrier is subject to a finding of hazardous condition, an order of supervision, a delinquency proceeding or any other regulatory action in this state, the insurance carrier's state of domicile or any other state in which the insurance carrier transacted the business of insurance.

4. Any other factors the director of the department of insurance and financial institutions determines are relevant to the application for release of the deposit.

E. Except in the event of nonpayment of premiums, each insurance carrier shall carry a risk to the conclusion of the policy period unless the policy is cancelled by the employer or unless one or both of the parties to a professional employer agreement terminate the agreement.  The policy period shall be agreed on by the insurance carrier and the employer.

F. At least thirty days' notice shall be given by the insurance carrier to the employer and to the commission of any cancellation or nonrenewal of a policy if the cancellation or nonrenewal is at the election of the insurance carrier.  The insurance carrier shall promptly notify the commission of any cancellation by the employer or failure of the employer to renew the policy. The failure to give notice of nonrenewal if the nonrenewal is at the election of the insurance carrier shall not extend coverage beyond the policy period.  An insurance carrier shall notify the commission on a form prescribed by the commission that it has insured an employer for workers' compensation promptly after undertaking to insure the employer.

G. Every insurance carrier on or before March 1 of each year shall pay to the state treasurer for the credit of the administrative fund, in lieu of all other taxes on workers' compensation insurance, a tax of not more than three percent on all premiums collected or contracted for during the year ending December 31 next preceding, less the deductions from such total direct premiums for applicable cancellations, returned premiums and all policy dividends or refunds paid or credited to policyholders within this state and not reapplied as premiums for new, additional or extended insurance.  Every self-insured employer, including workers' compensation pools, on or before March 31 of each year shall pay a tax of not more than three percent of the premiums that would have been paid by the employer if the employer had been fully insured by an insurance carrier authorized to transact workers' compensation insurance in this state during the preceding calendar year. The commission shall adopt rules that shall specify the premium plans and methods to be used for the calculation of rates and premiums and that shall be the basis for the taxes assessed to self-insured employers.  The tax shall be not less than $250 per annum and shall be computed and collected by the commission and paid to the state treasurer for the credit of the administrative fund at a rate not exceeding three percent to be fixed annually by the industrial commission of Arizona.  The rate shall be no more than is necessary to cover the actual expenses of the industrial commission of Arizona in carrying out its powers and duties under this title.  Any quarterly payments of tax pursuant to subsection J of this section shall be deducted from the tax payable pursuant to this subsection.

H. An insurance carrier may reduce the amount of premiums paid by an employer by up to five percent if all of the following apply:

1. The insured employer complies with the drug testing policy requirements prescribed in section 23-493.04.

2. The insured employer conducts drug testing of prospective employees.

3. The insured employer conducts drug testing of an employee after the employee has been injured.

4. The insured employer allows the employer's insurance carrier to have access to the drug testing results under paragraphs 2 and 3 of this subsection.

I. An insurance carrier may reduce the amount of premiums paid by an employer by up to five percent if both of the following apply:

1. The insured employer is part of a membership organization whose membership is all of the following:

(a) Comprised of persons that are in a similar or related line of commerce.

(b) Organized to promote and improve business conditions in that line of commerce.

(c) Not engaged in a regular business of a kind that is ordinarily carried on for profit and whose net earnings do not inure to the benefit of any member.

2. The insurance carrier has a program agreement with the membership organization of which the insured employer is a member.

J. Any insurer that, pursuant to this section, paid or is required to pay a tax of $2,000 or more for the preceding calendar year shall file a quarterly report, in a form prescribed by the commission, accompanied by a payment in an amount equal to the tax due at the rates prescribed in subsection G of this section for premiums determined pursuant to subsection G of this section or an amount equal to twenty-five percent of the tax paid or required to be paid pursuant to subsection G of this section for the preceding calendar year.  The quarterly payments shall be due and payable on or before the last day of the month following the close of the quarter and shall be made to the state treasurer.

K. If an overpayment of taxes results from the method prescribed in subsection J of this section the industrial commission of Arizona may refund the overpayment without interest.

L. An insurer who fails to pay the tax prescribed by subsection G or J of this section or the amount prescribed by section 23-1065, subsection A is subject to a civil penalty equal to the greater of $25 or five percent of the tax or amount due plus interest at the rate of one percent per month from the date the tax or amount was due.

M. An insurance carrier authorized to write workers' compensation insurance may not assess an employer premiums for services provided by a contractor alleged to be an employee under section 23-902, subsection B or C, unless the carrier has done both of the following:

1. Prepared written audit or field investigation findings establishing that all applicable factors for determining employment status under section 23-902 have been met.

2. Provided a copy of such findings to the employer in advance of assessing a premium.

N. Notwithstanding section 23-901, paragraph 6, subdivision (i), a sole proprietor may waive the sole proprietor's rights to workers' compensation coverage and benefits if both the sole proprietor and the insurance carrier of the employer subject to this chapter for which the sole proprietor performs services sign and date a waiver that is substantially in the following form:

I am a sole proprietor, and I am doing business as   (name of sole proprietor)  .  I am performing work as an independent contractor for   (name of employer)  .  I am not the employee of   (name of employer)   for workers' compensation purposes, and, therefore, I am not entitled to workers' compensation benefits from   (name of employer)  .  I understand that if I have any employees working for me, I must maintain workers' compensation insurance on them.

_________________________ _________________________

Sole proprietor           Date

_________________________ _________________________

Insurance carrier          Date
A.R.S. § 23-328 — Arizona Code / Title 23 / Chapter 2 / Article 6 / Section 328
23-328 Contract or agreement for employment of minor at oppressive wage void
Status: in_force

23-328. Contract or agreement for employment of minor at oppressive wage void

It is contrary to public policy for an employer to employ a minor in an occupation at an oppressive and unreasonable wage as defined by section 23-311, and any contract, agreement or understanding for, or in relation to such employment, is void.
A.R.S. § 23-561 — Arizona Code / Title 23 / Chapter 3 / Article 4 / Section 561
23-561 Definitions
Status: in_force

23-561. Definitions

In this article, unless the context otherwise requires:

1. "Administrative fee":

(a) Means the fee that is charged to a client by a professional employer organization for professional employer services.

(b) Does not include any amount of the fee that is applied to wages, salaries, benefits, workers’ compensation, payroll taxes, withholding or other assessments that the professional employer organization pays to or on behalf of covered employees under a professional employer agreement.

2. "Client":

(a) Means a person who contracts with a professional employer organization under a professional employer agreement.

(b) Does not include a professional employer organization.

3. "Co-employer" means a professional employer organization or a client.

4. "Co-employment relationship" means all of the following:

(a) A relationship between co-employers if the rights, duties and obligations of an employer that arise out of an employment relationship are allocated between co-employers subject to a professional employer agreement and this article, and the relationship is intended to be an ongoing relationship and not a temporary or project-specific relationship.

(b) A relationship between a professional employer organization and a covered employee that is subject to a professional employer agreement and this article, that allows the professional employer organization to enforce those rights and that requires the professional employer organization to perform those duties and obligations that are allocated to the professional employer organization by the professional employer agreement or this article.

(c) A relationship between a client and a covered employee that is subject to a professional employer agreement and this article, that allows the client to enforce those rights and that requires the client to perform those employer obligations that are allocated to the client by the professional employer agreement or this article or that are not otherwise allocated by the professional employer agreement or this article.

5. "Covered employee":

(a) Means an individual who has a co-employment relationship with a professional employer organization and a client, if the individual:

(i) Has executed a written notice of the co-employment relationship with a professional employer organization.

(ii) Is a party to a co-employment relationship with a professional employer organization and a client.

(iii) Is subject to a professional employer agreement under this article.

(b) Includes an individual who is an officer, director, shareholder, partner or manager of a client if the professional employer agreement includes the individual as a covered employee and the individual acts as a manager or performs services for the client.

6. "Person" means any individual, partnership, corporation, limited liability company or other legally recognized entity.

7. "Professional employer agreement" means a written contract between a professional employer organization and a client that provides for:

(a) The co-employment of covered employees.

(b) The allocation and sharing between the client and the professional employer organization of employer responsibilities with respect to a covered employee, including hiring, firing and disciplinary responsibilities.

(c) Any other responsibility required by this article.

8. "Professional employer organization":

(a) Means any person who is engaged in the business of providing professional employer services whether or not the person uses the term professional employer organization, staff leasing company, registered staff leasing company, employee leasing company or any other name.

(b) Does not include:

(i) Any person whose principal business activity is not entering into professional employer agreements and who does not hold itself out as a professional employer organization.

(ii) A person who shares employees with a commonly owned company as defined by sections 414(b) and 414(c) of the internal revenue code.

(iii) Arrangements by a person who assumes responsibility for the product that is produced or service that is performed by the person and who retains and exercises the primary discretion and control over the work performed by the person whose services are supplied under the arrangement.

(iv) A person who hires temporary help for the purpose of supporting or supplementing a client's employees.

9. "Professional employer services" means the service of entering into a co-employment relationship under this article in which all or a majority of the employees who provide services to a client or to a division or work unit of the client are covered employees.
A.R.S. § 23-1702 — Arizona Code / Title 23 / Chapter 11 / Article 1 / Section 1702
23-1702 Municipal firefighter cancer reimbursement fund; exemption; rulemaking; annual report
Status: in_force

23-1702. Municipal firefighter cancer reimbursement fund; exemption; rulemaking; annual report

A. The municipal firefighter cancer reimbursement fund is established consisting of monies deposited in the fund pursuant to section 23-1703.  The commission shall administer the fund. Monies in the fund shall be used to reimburse municipal payors for the compensation and benefits paid by municipal payors to municipal firefighters and municipal fire investigators under section 23-901.09 for:

1. Compensation for temporary partial disability, permanent partial disability and lost earning capacity as prescribed in section 23-1044.

2. Compensation for temporary total disability and permanent total disability as prescribed in section 23-1045.

3. Medical, surgical and hospital benefits as prescribed in section 23-1062.

4. Death benefits as prescribed in section 23-1046.

B. The fund consists of the following:

1. Fees from cities and towns deposited pursuant to section 23-1703.

2. Monies received from any other source, including federal monies, investment income and private grants, gifts, contributions and devises.

C. The commission shall annually distribute the monies in the fund on a prorated basis based on the amount of the individual compensation and benefits paid by a municipal payor for compensation and benefits to a municipal firefighter or municipal fire investigator for a disease, infirmity or impairment as prescribed in section 23-901.09 in proportion to the statewide aggregate of all compensation and benefits paid to municipal firefighters and municipal fire investigators pursuant to section 23-901.09 for the fiscal year.  The annual distributions may not exceed the statewide aggregate of all compensation and benefits paid by municipal payors to municipal firefighters and municipal fire investigators pursuant to section 23-901.09 for the relevant fiscal year. Monies remaining undistributed at the end of a fiscal year shall remain in the fund and be available for annual distributions in future fiscal years. The commission may not reimburse monies for expenses relating to case management, vocational rehabilitation or similar nonmedical costs. The prorated share shall be distributed to the municipal payors entitled to a share without regard to the order in which the respective compensation and benefits were paid in the fiscal year.

D. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

E. The commission shall adopt rules pursuant to title 41, chapter 6 to carry out this chapter.

F. On or before April 1 of each year, the commission shall submit a report to the legislature and the municipal payors reimbursed from the fund on the financial status of the fund.  The report shall include all of the following:

1. The total number of fund reimbursement claims the commission received in the immediately preceding fiscal year.

2. For the immediately preceding fiscal year, the number of fund reimbursement claims, the total dollar amount of fund reimbursement claims paid by the fund and the amount paid to each municipal payor reimbursed by the fund.

3. The amount of any anticipated surplus in the fund.
A.R.S. § 23-506 — Arizona Code / Title 23 / Chapter 3 / Article 1 / Section 506
23-506 Eligibility for assistance
Status: in_force

23-506. Eligibility for assistance

A. Vocational rehabilitation service shall be provided to a person with a disability, resident in the state, whose vocational rehabilitation in the judgment of the director after investigation can satisfactorily be achieved, or to any such person who is eligible for rehabilitation service under the terms of an agreement with the federal government or with another state. Unless otherwise provided by law, the following vocational rehabilitation services shall be provided at public cost only to persons with a disability who are determined to require financial assistance:

1. Physical restoration not including curative treatment for acute or transitory conditions.

2. Transportation not otherwise provided to determine the eligibility of the individual and the nature and extent of the rehabilitation services necessary.

3. Occupational licenses.

4. Customary occupational tools and equipment.

5. Maintenance.

6. Training books and materials.

B. The right of a person with a disability to maintenance granted under this section may not be transferred or assigned.
A.R.S. § 23-504 — Arizona Code / Title 23 / Chapter 3 / Article 1 / Section 504
23-504 Merchandising businesses for the blind
Status: in_force

23-504. Merchandising businesses for the blind

A. The department of economic security shall make surveys of merchandising business opportunities for and license persons who have no vision or acuity, or have a central visual acuity of 20/200 or less in the better eye, with the best correction by single magnification, or who have a field defect in which the peripheral field has been contracted to such an extent that the widest diameter of visual field subtends an angular distance no greater than 20 degrees, to operate such businesses on state, county or municipal property where such businesses may be properly and satisfactorily operated by blind persons all in accordance with the provisions of the Randolph-Sheppard act, as amended by Public Law 93-516, title 20, United States Code, sections 107 through 107f. For the purposes of this section "merchandising business" shall include but not be limited to food service operations, including cafeterias, snack bars and vending machines for food and beverages and souvenir and gift shops.

B. The head or governing body of each department or agency and of each county or municipality or other local government entity having control of state, county or other local government property shall cooperate with the department of economic security in surveys of property under their control to find suitable locations for the operation of merchandising businesses by blind persons, and after it has been determined that there is need for a merchandising business and after the department of economic security has determined that such a business may be properly and satisfactorily operated by a blind person grant space to the department of economic security for the operation of a merchandising business by a licensed blind person and cooperate with the department of economic security in the installation of such merchandising business.

C. Notwithstanding the provisions of section 41-792.01, the head or governing body of each department or agency of the state and of each county or city having control of public property shall not charge any rent or other assessment for the use or occupancy of the space granted for the operation of merchandising businesses by licensed blind persons.

D. Any person licensed under this section to operate a merchandising business has the right of appeal under section 23-507.

E. Preference to the blind is not mandatory for those merchandising businesses operated by public educational institutions where merchandising facilities are provided as an integral part of service to students or as a training program to students, nor for major food services provided by hospitals or residential institutions of the state as a direct service to patients, inmates, trainees or otherwise institutionalized persons.
A.R.S. § 23-732 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 732
23-732 Annual notice to employer of contribution rate; procedure for review and redetermination; quarterly notification; notification by electronic means
Status: in_force

23-732. Annual notice to employer of contribution rate; procedure for review and redetermination; quarterly notification; notification by electronic means

A. The department shall promptly notify each employer of the employer's rate of contributions as determined for any calendar year. The determination shall become conclusive and binding on the employer unless, within fifteen days after the mailing of notice of the determination to the employer's last known address or in the absence of mailing, within fifteen days after delivery of the notice, the employer files an application for review and redetermination, setting forth the employer's reasons for application for review and redetermination.  The department shall reconsider the rate, but no employer shall in any proceeding involving the employer's rate of contributions or contribution liability contest the chargeability to the employer's account of any benefits paid in accordance with a determination, redetermination or decision pursuant to section 23-773, and determined to be chargeable to the employer's account pursuant to section 23-727, except on the ground that the services on the basis of which the benefits were found to be chargeable did not constitute services performed in employment for the employer and only in the event that the employer was not a party to the determination, redetermination or decision or to any other proceedings under this chapter in which the character of the services was determined.  The employer shall be promptly notified of the department's denial of the employer's application, or of the department's redetermination, both of which shall become final unless within fifteen days after mailing or delivery of notification an appeal is filed with the appeals board.

B. The department may give quarterly notification to employers of benefits paid and chargeable to their accounts or of the status of such accounts, and such notification, in the absence of an application for redetermination filed within fifteen days after mailing, shall become conclusive and binding on the employer for all purposes. A redetermination or denial of an application by the department shall become final unless within fifteen days after mailing or delivery of the redetermination or denial an appeal is filed with the appeals board. The redeterminations may be introduced in any subsequent administrative or judicial proceedings involving the determination of the rate of contributions of any employer for any calendar year.

C. A notice under this section may be delivered by electronic means if the party being notified consents in writing to notification by electronic means.  Notification by electronic means is deemed complete on transmission.
A.R.S. § 23-1382 — Arizona Code / Title 23 / Chapter 8 / Article 5 / Section 1382
23-1382 Definitions
Status: in_force

23-1382. Definitions

In this article, unless the context otherwise requires:

1. "Agricultural employee, permanent" means any employee who is over sixteen years of age, who has been employed by a particular agricultural employer for at least six months during the preceding calendar year and who is engaged in the growing or harvesting of agricultural crops or the packing of agricultural crops if packing is accomplished in the field.  "Agricultural employee, temporary" means any employee who is over sixteen years of age, who is employed by a particular agricultural employer, who has been so employed during the preceding calendar year and who is engaged in the growing or harvesting of agricultural crops or the packing of agricultural crops if packing is accomplished in the field. If otherwise qualified, a person shall be considered an agricultural employee if an agricultural employer pays the wages of the employee for work performed for the employer's benefit or on his behalf, even though the supervision of the employee, the bookkeeping and the issuance of payroll checks are by a person other than the employer. In calculating a workday of an agricultural employee, one hour or more of employment in any one day shall be considered a workday. "Agricultural employee" also includes any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice and who has not obtained any other regular and substantially equivalent employment. "Agricultural employee" does not include any individual who:

(a) Is employed by his parent or spouse or by an immediate relative.

(b) Has the status of an independent contractor.

(c) Is employed as a supervisor or in a confidential capacity or as a clerical employee or a guard.

(d) Is employed as an executive, professional or technical employee.

(e) Has quit or has been discharged for cause.

(f) Is a tenant or sharecropper and reasonably directs or shares in the management of an enterprise engaged in agriculture.

(g) Is engaged in hauling or stitching functions.

2. "Agricultural employer" means any employer who is engaged in agriculture and who employed six or more agricultural employees for a period of thirty days during the preceding six month period and includes any person who provides labor and services on one or more farms as an independent contractor if such person, for a period of thirty days during the preceding six month period, employed six or more employees in such work. In calculating the number of agricultural employees employed by an agricultural employer or provided by an independent contractor, one hour or more of employment in any one day shall be considered a day of work. Agricultural employer also includes any employer who is engaged in agriculture with less than six agricultural employees and who voluntarily elects to be subject to this article by filing a request in writing with the board.

3. "Agriculture" means all services performed on a farm as defined in section 23-603, including but not limited to the recruiting, housing and feeding of persons employed or to be employed as agricultural employees by agricultural employers.

4. "Board" means the agricultural employment relations board.

5. "Farm" means any enterprise that is engaged in agriculture, that is operated from one headquarters where the utilization of labor and equipment is directed and whose tracts of land, if consisting of separate tracts of land, are located within a fifty mile radius of such headquarters.

6. "Labor dispute" means any controversy between an agricultural employer and his agricultural employees or their representative concerning terms, tenure or conditions of employment or concerning the association or representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of employment.

7. "Labor organization" means any organization or any agency defined in sections 23-1301 and 23-1321.

8. "Person" means one or more individuals, labor organizations, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy or receivers.

9. "Professional employee" means:

(a) Any employee engaged in agricultural work that either:

(i) Is predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical or physical work.

(ii) Involves the consistent exercise of discretion and judgment in its performance.

(iii) Is of such character that the output produced or the result accomplished cannot be standardized in relation to a given period of time.

(iv) Requires knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning.

(b) Any employee who has completed the course or courses of specialized intellectual instruction and study described in subdivision (a), item (iv) and is performing such work, or is performing such work or related work under the supervision of a professional person while acquiring specialized instruction.

10. "Representative" means any individual or labor organization.

11. "Supervisor" means any individual who has authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend such action, if such authority requires the use of independent judgment.

12. "Ultimate consumer" means the person who purchases an agricultural product for consumption.

13. "Unfair labor practice" means any unfair labor practice listed in section 23-1385.
A.R.S. § 23-773 — Arizona Code / Title 23 / Chapter 4 / Article 6 / Section 773
23-773 Examination and determination of claims
Status: in_force

23-773. Examination and determination of claims

A. A representative designated by the department as a deputy shall promptly examine any claim for benefits and, on the basis of the facts found by the deputy, shall determine whether or not the claim is valid. If the claim is valid, the deputy shall also determine the week with respect to which the benefit year shall commence, the weekly benefit amount payable and the maximum duration of the benefit.

B. The deputy shall promptly notify the claimant and any other interested parties of the determination and the reasons for the determination.  Except as provided in subsection D of this section, unless the claimant or an interested party, within seven calendar days after the delivery of notification, or within fifteen calendar days after notification was mailed to the claimant's or interested party's last known address, files an appeal from the determination, it shall become final, and benefits shall be paid or denied in accordance with the determination.  The department shall adopt rules to allow an appeal to be filed in writing, electronically or by telephone. If an appeal tribunal affirms a determination of the deputy allowing benefits, or the appeals board affirms a determination or decision allowing benefits, the benefits shall be paid regardless of any appeal that may thereafter be taken, but if that decision is finally reversed, no employer's account shall be charged with benefits so paid.

C. On receipt of a request from an interested party for information about a deputy's determination made pursuant to this section or section 23-673, the department shall make available by memorandum or other written document within five days after receipt of the request the following information:

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

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

3. The reasoning applied in making the determination.

D. Before the time for appeal as prescribed in subsection B of this section has expired, an interested party may request a reconsidered determination.  The department shall examine the request and, within seven calendar days, deny the request or issue a reconsidered determination.  The interested party may prove that a response was timely filed by using evidence of fax records that documents the date and time when a faxed response was transmitted and received by the department.  A request for reconsideration that is denied shall be treated as an appeal, and the same procedure shall be followed as provided for in case of appeal from the original determination. If a reconsidered determination is issued, the time for appeal shall run from the date of issuance of the reconsidered determination. The employer and the claimant shall each be permitted no more than one request for reconsideration on each case.

E. Before the actual filing of an appeal under subsection B of this section, but not later than the time permitted to appeal, the department on its own motion may issue a reconsidered determination. After the time for appeal has expired, but within one year after the issuance of the original determination, the department with authorization of the unemployment insurance program administrator may issue a reconsidered determination, on the basis of newly discovered evidence that by due diligence could not have been previously discovered, if no administrative or judicial review has occurred or is pending on the original determination. If a redetermination is based on fraud, the one year limitation on the issuance of redeterminations does not apply.

F. Prompt notice in writing of any reconsidered determination under subsection E of this section and the reasons for reconsideration shall be given to all interested parties. An interested party may appeal within the time prescribed under subsection B of this section, and the same procedure shall be followed as provided for in case of an appeal from the original determination.
A.R.S. § 23-609.01 — Arizona Code / Title 23 / Chapter 4 / Article 1 / Section 609.01
23-609.01 Hearing officers
Status: in_force

23-609.01. Hearing officers

"Hearing officer" means a hearing officer of the department of economic security.
A.R.S. § 23-284 — Arizona Code / Title 23 / Chapter 2 / Article 5 / Section 284
23-284 Laundry workers; exceptions; posting notice of hours of labor; arrangement of laundry rooms; violation; classification
Status: in_force

23-284. Laundry workers; exceptions; posting notice of hours of labor; arrangement of laundry rooms; violation; classification

A. No person shall be employed or permitted to work in the laundry department in a laundry establishment more than eight hours in any one day except when necessary to make repairs to prevent interruption of the ordinary running of the machinery or when a different apportionment of the hours of labor is made for the sole purpose of making a shorter day's work for one day of the week, or unless it appears that the employment is to make up for time lost on some previous day of the same week in consequence of a stoppage of the machinery upon which the person is employed or dependent for employment, and in no case shall the hours of labor exceed forty-eight hours in a week.

B. Every employer shall post in a conspicuous place in every room where persons are employed a printed notice stating the number of hours work required of them on each day of the week, and the employment of any person for a longer period in any day than that so stated is a violation of this section.

C. Every laundry room shall be constructed to provide at least six hundred cubic feet of air for each occupant and shall have not less than two windows arranged to admit a cross-current of external air.

D. A person violating any provision of this section is guilty of a petty offense.
A.R.S. § 23-360 — Arizona Code / Title 23 / Chapter 2 / Article 7 / Section 360
23-360 Penalty
Status: in_force

23-360. Penalty

An employer who has been ordered by the department pursuant to section 23-357 or a court to pay wages due an employee and who fails to do so within ten days after the order becomes final is liable to pay the employee an amount which is equal to treble the amount of the unpaid wages and which shall be subject to interest at the legal rate.
A.R.S. § 23-491.12 — Arizona Code / Title 23 / Chapter 2 / Article 12 / Section 491.12
23-491.12 Decision upon review
Status: in_force

23-491.12. Decision upon review

A. The request for review of an administrative law judge decision need only state that the party requests a review of the decision. The request may be accompanied by a memorandum of points and authorities, in which event any other interested party shall have fifteen days from the date of filing in which to respond. Failure to respond will not be deemed an admission against interest.

B. The request for review shall be filed with the division and copies of the request shall be mailed to all other parties to the proceeding.

C. When review has been requested, the record of such oral proceedings at the hearings before the administrative law judge for purposes of the review shall be transcribed at the expense of the party requesting review.

D. Notice of the review shall be given to the parties by mail.

E. The review shall be made by the presiding administrative law judge and shall be based upon the record and the memorandum submitted pursuant to subsection A of this section.

F. The presiding administrative law judge may affirm, reverse, rescind, modify or supplement the decision and make such disposition of the case as is determined to be appropriate. A decision upon review shall be made within sixty days after the review has been requested.

G. The decision upon review shall become a part of the commission file and a copy shall be sent by mail to the parties.

H. The decision upon review shall be final unless within fifteen days after the date of mailing of copies of such decision to the parties one of the parties applies to the court of appeals by a petition for special action pursuant to section 23-491.14. The decision shall contain a statement explaining the rights of the parties pursuant to this section and section 23-491.14.
A.R.S. § 23-1306 — Arizona Code / Title 23 / Chapter 8 / Article 1 / Section 1306
23-1306 Civil liability of person violating article
Status: in_force

23-1306. Civil liability of person violating article

A person who violates any provision of this article, or who enters into an agreement containing a provision declared illegal by this article, or who brings about the discharge of or denial of employment to any person because of nonmembership in a labor organization shall be liable to the person injured as the result of such act or provision and may be sued therefor, and in such action any labor organization, subdivision or local thereof shall be bound by the acts of its duly authorized agents acting within the scope of their authority, and may sue or be sued in its common name.
A.R.S. § 23-1381 — Arizona Code / Title 23 / Chapter 8 / Article 5 / Section 1381
23-1381 Declaration of policy
Status: in_force

23-1381. Declaration of policy

It is hereby declared to be the policy of this state that the uninterrupted production, packing, processing, transporting and marketing of agricultural products are vital to the public interest. It is also declared to be the policy of this state that agricultural employees are free to organize, to take concerted action and, through representatives of their own choosing, to enter into collective bargaining contracts establishing their wages and terms and conditions of employment or to refrain from engaging in any or all of these activities. It is further declared that there now exists an inequality of bargaining power between agricultural employers and labor unions, arising out of the seasonal character and perishable nature of such agricultural products, the mobility of agricultural labor and the fundamental differences between agriculture and industry. While the right to strike is a basic right of organized labor, such right must take into account the perishable character and the seasonal nature of agricultural products and must be limited and regulated accordingly. It is the intent of the legislature to provide a means to bargain collectively that is fair and equitable to agricultural employers, labor organizations and employees, to provide orderly election procedures to resolve questions concerning representation of agricultural employees and to declare that certain acts are unfair labor practices that are prohibited and that are subject to control by the police power of this state. The overriding special interest of this state with respect to certain secondary boycott activities originating in this state, but extending across state lines and directed at employers in other states, must be recognized, and such acts must be made unlawful and subject to control by the police power of this state.
A.R.S. § 23-677 — Arizona Code / Title 23 / Chapter 4 / Article 3 / Section 677
23-677 Contempt by contumacy or refusal to obey subpoena of commission
Status: in_force

23-677. Contempt by contumacy or refusal to obey subpoena of commission

In case of contumacy or refusal of a person to obey a subpoena issued under this chapter, any court of this state within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which the person guilty of contumacy or refusal to obey is found, resides or transacts business, upon application by the commission or its duly authorized representative, shall issue to such person an order requiring him to appear before a commissioner, the commission or its duly authorized representative, and to produce evidence if so ordered or give testimony touching upon the matter under investigation or in question. Failure to obey such order of the court may be punished by the court as a contempt thereof.
A.R.S. § 23-481 — Arizona Code / Title 23 / Chapter 2 / Article 11 / Section 481
23-481 Decision upon review
Status: in_force

23-481. Decision upon review

A. The request for review of an administrative law judge decision need only state that the party requests a review of the decision. The request may be accompanied by a memorandum of points and authorities, in which event any other interested party shall have fifteen days from the date of filing in which to respond. Failure to respond will not be deemed an admission against interest.

B. The request for review shall be filed with the division and copies of the request shall be mailed to all other parties to the proceeding.

C. When review has been requested, the record of such oral proceedings at the hearings before the administrative law judge for purposes of the review shall be transcribed at the expense of the party requesting review.

D. Notice of the review shall be given to the parties by mail.

E. The review shall be made by the presiding administrative law judge and shall be based upon the record and the memoranda submitted pursuant to the provisions of subsection A of this section.

F. The presiding administrative law judge may affirm, reverse, rescind, modify or supplement the decision and make such disposition of the case as is determined to be appropriate. A decision upon review shall be made within sixty days after the review has been requested.

G. The decision upon review shall become a part of the commission file and a copy sent by mail to the parties.

H. The decision upon review shall be final unless within fifteen days after the date of mailing of copies of such decision to the parties, one of the parties applies to the court of appeals by a petition for special action pursuant to section 23-483. The decision shall contain a statement explaining the rights of the parties pursuant to this section and section 23-483.
A.R.S. § 23-967 — Arizona Code / Title 23 / Chapter 6 / Article 4 / Section 967
23-967 Deduction of premium from employee wage or salary; violation; classification
Status: in_force

23-967. Deduction of premium from employee wage or salary; violation; classification

Any employer who intentionally deducts any portion of the premium, except for accident benefits, which he is by law required to pay from the wage or salary of an employee is guilty of a class 6 felony.
A.R.S. § 23-902 — Arizona Code / Title 23 / Chapter 6 / Article 1 / Section 902
23-902 Employers subject to chapter; exceptions
Status: in_force

23-902. Employers subject to chapter; exceptions

A. Employers subject to this chapter are the state, each county, city, town, municipal corporation and school district and every person who employs any workers or operatives regularly employed in the same business or establishment under contract of hire, including covered employees pursuant to a professional employer agreement, except domestic servants. Exempted employers of domestic servants may come under this chapter by complying with its provisions and the rules of the commission.  For the purposes of this subsection, "regularly employed" includes all employments, whether continuous throughout the year, or for only a portion of the year, in the usual trade, business, profession or occupation of an employer.

B. When an employer procures work to be done for the employer by a contractor over whose work the employer retains supervision or control, and the work is a part or process in the trade or business of the employer, then the contractors and the contractor's employees, and any subcontractor and the subcontractor's employees, are, within the meaning of this section, employees of the original employer.  For the purposes of this subsection, "part or process in the trade or business of the employer" means a particular work activity that in the context of an ongoing and integral business process is regular, ordinary or routine in the operation of the business or is routinely done through the business' own employees.

C. A person engaged in work for a business, and who while so engaged is independent of that business in the execution of the work and not subject to the rule or control of the business for which the work is done, but is engaged only in the performance of a definite job or piece of work, and is subordinate to that business only in effecting a result in accordance with that business design, is an independent contractor.

D. A business that uses the services of an independent contractor and the independent contractor may prove the existence of an independent contractor relationship by executing a written agreement that complies with this subsection. The written agreement shall evidence that the business does not have the authority to supervise or control the actual work of the independent contractor or the independent contractor's employees. A written agreement executed in compliance with this subsection creates a rebuttable presumption of an independent contractor relationship between the parties if the written agreement contains a disclosure statement that the independent contractor is not entitled to workers' compensation benefits from the business. Unless the rebuttable presumption is overcome, no premium may be collected by the carrier on payments by the business to the independent contractor if a fully completed written agreement that satisfies the requirements of this subsection is submitted to the carrier.  The written agreement shall be dated and contain the signatures of both parties and, unless otherwise provided by law, shall state that the business:

1. Does not require the independent contractor to perform work exclusively for the business. This paragraph shall not be construed as conclusive evidence that an individual who performs services primarily or exclusively for another person is an employee of that person.

2. Does not provide the independent contractor with any business registrations or licenses required to perform the specific services set forth in the contract.

3. Does not pay the independent contractor a salary or hourly rate instead of an amount fixed by contract.

4. Will not terminate the independent contractor before the expiration of the contract period, unless the independent contractor breaches the contract or violates the laws of this state.

5. Does not provide tools to the independent contractor.

6. Does not dictate the time of performance.

7. Pays the independent contractor in the name appearing on the written agreement.

8. Will not combine business operations with the person performing the services rather than maintaining these operations separately.

E. A business that uses the services of a sole proprietor who has waived the sole proprietor's rights to workers' compensation coverage and benefits pursuant to section 23-961, subsection N is not liable for workers' compensation coverage or the payment of premiums for the sole proprietor.

F. The written agreement executed in compliance with subsection D of this section shall be null and void and create no presumption of an independent contractor relationship if the consent of either party is either:

1. Obtained through misrepresentation, false statements, fraud or intimidation.

2. Obtained through coercion or duress.

G. If any agreement is found to be null and void under subsection F of this section the insurance carrier is entitled to collect a premium.
A.R.S. § 23-628 — Arizona Code / Title 23 / Chapter 4 / Article 1.1 / Section 628
23-628 Extended benefit period
Status: in_force

23-628. Extended benefit period

A. "Extended benefit period" means a period which:

1. Begins with the third week after a week for which there is an Arizona on indicator; and

2. Ends with either of the following weeks, whichever occurs later:

(a) The third week after the first week for which there is an Arizona off indicator; or

(b) The thirteenth consecutive week of such period.

B. No extended benefit period may begin by reason of an Arizona on indicator before the fourteenth week following the end of a prior extended benefit period which was in effect with respect to this state.
A.R.S. § 23-618.01 — Arizona Code / Title 23 / Chapter 4 / Article 1 / Section 618.01
23-618.01 Hospital
Status: in_force

23-618.01. Hospital

"Hospital" means an institution which has been licensed, certified, or approved by the Arizona state department of health as a hospital.
A.R.S. § 23-618.02 — Arizona Code / Title 23 / Chapter 4 / Article 1 / Section 618.02
23-618.02 Institution of higher education
Status: in_force

23-618.02. Institution of higher education

A. "Institution of higher education" means an educational institution which:

1. Admits as regular students only individuals having a certificate of graduation from a high school or the recognized equivalent of such a certificate;

2. Is legally authorized within this state to provide a program of education beyond high school;

3. Provides an educational program for which it awards a bachelor's or higher degree, or provides a program which is acceptable for full credit toward such a degree, a program of post-graduate or post-doctoral studies, or a program of training to prepare students for gainful employment in a recognized occupation; and

4. Is a public or other nonprofit institution.

B. Notwithstanding any of the foregoing provisions of this section, all colleges and universities in this state are institutions of higher education for purposes of this section.
A.R.S. § 23-901.09 — Arizona Code / Title 23 / Chapter 6 / Article 1 / Section 901.09
23-901.09 Presumption; cancers; firefighters and fire investigators; applicability; definitions
Status: in_force

23-901.09. Presumption; cancers; firefighters and fire investigators; applicability; definitions

A. Notwithstanding section 23-901.01, subsection A and section 23-1043.01:

1. Any disease, infirmity or impairment of a firefighter's or fire investigator's health that is caused by brain, bladder, rectal or colon cancer, lymphoma, leukemia or adenocarcinoma or mesothelioma of the respiratory tract and that results in disability or death is presumed to be an occupational disease as defined in section 23-901, paragraph 13, subdivision (c) and is deemed to arise out of employment.

2. Any disease, infirmity or impairment of a firefighter's or fire investigator's health that is caused by buccal cavity, pharynx, esophagus, large intestine, lung, kidney, prostate, skin, stomach, ovarian, breast or testicular cancer or non-Hodgkin's lymphoma, multiple myeloma or malignant melanoma and that results in disability or death is presumed to be an occupational disease as defined in section 23-901, paragraph 13, subdivision (c) and is deemed to arise out of employment.

B. The presumptions provided in subsection A of this section are granted if all of the following apply:

1. The firefighter or fire investigator passed a physical examination before employment and the examination did not indicate evidence of cancer.

2. The firefighter or fire investigator was assigned to hazardous duty for at least five years.

3. For the presumption provided in subsection A, paragraph 2 of this section and for firefighters only, 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).

C. Subsection A of this section applies to both of the following:

1. Firefighters or fire investigators currently in service.

2. Former firefighters or fire investigators who are sixty-five years of age or younger and who are diagnosed with a cancer that is listed in subsection A of this section not more than fifteen years after the firefighter's or fire investigator's last date of employment as a firefighter or fire investigator.

D. Subsection A of this section does not apply to cancers of the respiratory tract if there is evidence that the firefighter's or fire investigator's exposure to cigarettes or tobacco products outside of the scope of the firefighter's or fire investigator's official duties is a substantial contributing cause in the development of the cancer.

E. The presumption provided in subsection A of this section may be rebutted by clear and convincing evidence that there is a specific cause of the cancer other than an occupational exposure to a carcinogen as defined by the international agency for research on cancer.

F. For the purposes of this section:

1. "Firefighter" means a full-time firefighter who was regularly assigned to hazardous duty.

2. "Fire investigator" means a person who is employed full time by a municipality or fire district and who is trained in the process of and responsible for determining the origin, cause and development of a fire or explosion.
A.R.S. § 23-791 — Arizona Code / Title 23 / Chapter 4 / Article 6 / Section 791
23-791 Benefits reduced by pension payment; definition
Status: in_force

23-791. Benefits reduced by pension payment; definition

A. Except as provided in subsections B and C, the amount of benefits payable to an individual for any week that begins in a period with respect to which the individual is receiving or will receive a pension under a plan maintained or contributed to by a base-period employer of the individual shall be reduced by either:

1. The amount of the pension that is reasonably attributable to the week if the individual contributed less than forty-five per cent of the amount for the pension.

2. Forty-five per cent of the amount of the pension that is reasonably attributable to the week if the individual contributed at least forty-five per cent but less than one hundred per cent of the amount for the pension.

B. The amount of benefits payable to an individual for any week shall not be reduced by reason of the receipt of a pension if the services performed during the base period by the individual for the base-period employer or remuneration received for those services did not affect the individual's eligibility for nor increase the amount of the pension. The conditions specified by this subsection do not apply to pensions paid under the social security act or the railroad retirement act of 1974 or the corresponding provisions of prior law. Pensions paid under those acts shall be treated in the manner specified by subsection A.

C. Benefits shall not be reduced by the receipt of social security retirement in order to take into account contributions made by the individual for the pension.

D.  For the purposes of this section, "pension" means a governmental or other pension, retirement or retired pay, annuity or other similar periodic payment that is based on the previous work of the individual.
A.R.S. § 23-751.01 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 751.01
23-751.01 Employment by an Indian tribe; benefits; payments in lieu of contributions; definitions
Status: in_force

23-751.01. Employment by an Indian tribe; benefits; payments in lieu of contributions; definitions

A. Any Indian tribe for which service in employment is performed is an employer for the purposes of this chapter. Benefits that are based on service in the employment by an Indian tribe are payable in the same amount and on the same terms and are subject to the same conditions as benefits payable on the basis of other service subject to this chapter.

B. An Indian tribe that is subject to this chapter shall pay contributions under the same terms and conditions as prescribed for other employers that are subject to this chapter, unless the tribe elects to make payments in lieu of contributions.

C. An Indian tribe that elects to make payments in lieu of contributions:

1. Shall make the election in the same manner and under the same conditions as prescribed in section 23-750.

2. May elect to make payments in lieu of contributions by the tribe as a whole, by individual tribal units or by combinations of tribal units.

3. Is subject to all other provisions in section 23-750 relating to employers who elect to make payments in lieu of contributions.

D. An Indian tribe that fails to make the payments prescribed in section 23-750, including assessments of interest and penalties, within ninety days after receiving a bill for the payments loses the option to make payments in lieu of contributions for the following tax year unless the tribe makes full payment before the contributions for the next tax year are computed.

E. A tribe that has lost the option to make payments in lieu of contributions shall have the option restored after one year if the tribe timely paid all contributions during the prior year and all contributions, payments in lieu of contributions, penalties and interest have been paid.

F. The department shall notify the United States internal revenue service and the United States department of labor if an Indian tribe fails to make required payments, including assessments of penalties and interest.

G. The department shall include in a notice of payment or delinquency to an Indian tribe a statement that failure to make full payment within the prescribed time will cause the Indian tribe to:

1. Be liable for taxes under the federal unemployment tax act, as amended (26 United States Code sections 3301 through 3311).

2. Lose the option to make payments in lieu of contributions.

H. An Indian tribe shall pay for all extended benefits that are attributable to service in the employment of the tribe if the extended benefits are not reimbursed by the federal government.

I. For the purposes of this section:

1. "Employment by an Indian tribe" means employment by an Indian tribe as defined in 26 United States Code section 3306(u) or by a tribal unit except that employment by an Indian tribe does not include the exclusions from employment prescribed in section 23-615, subsection B, paragraph 3, subdivisions (b) and (e) and paragraph 5.

2. "Tribal unit" means a subdivision or subsidiary of an Indian tribe or a business enterprise that is wholly owned by an Indian tribe.
A.R.S. § 23-747 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 747
23-747 Release of lien; bond; foreclosure and judgment against surety
Status: in_force

23-747. Release of lien; bond; foreclosure and judgment against surety

A. The employer may cause his property to be released from the lien provided by sections 23-745 and 23-746, by filing with the commission a bond in double the amount claimed in the lien, executed by a surety licensed to do business in the state, running to the commission and conditioned for the payment of all contributions, interest, penalties, damages, costs, charges and disbursements that may be recovered by the commission against the employer or that may be found to be a lien upon his property. Upon filing the bond the commission shall execute and deliver to the employer a release of the lien, but the release shall not operate in any manner to satisfy the indebtedness secured by the lien.

B. If the commission establishes the validity of its lien by foreclosure action it shall be entitled to judgment against the surety on the bond.
A.R.S. § 23-801 — Arizona Code / Title 23 / Chapter 5 / Article 1 / Section 801
23-801 Liability of employer
Status: in_force

23-801. Liability of employer

To protect the safety of employees in all hazardous occupations in mining, smelting, manufacturing, railroad or street railway transportation, or any other industry, as provided in section 7, article 18 of the constitution, any employer, whether individual, association or corporation, is liable for the death or injury, caused by an accident due to a condition or conditions of such occupation, of an employee in the service of such employer, in a hazardous occupation, in all cases in which the death or injury of the employee is not caused by the negligence of the employee killed or injured.
A.R.S. § 23-106 — Arizona Code / Title 23 / Chapter 1 / Article 1 / Section 106
23-106 Capacity to sue and be sued; service of summons on commission
Status: in_force

23-106. Capacity to sue and be sued; service of summons on commission

A. The commission may, in its name, sue and be sued.

B. Service of summons or other process on any member of the commission, or on the secretary thereof, shall be deemed service on the commission.
A.R.S. § 23-353 — Arizona Code / Title 23 / Chapter 2 / Article 7 / Section 353
23-353 Payment of wages of discharged employee; violation; classification
Status: in_force

23-353. Payment of wages of discharged employee; violation; classification

A. When an employee is discharged from the service of an employer, he shall be paid wages due him within seven working days or the end of the next regular pay period, whichever is sooner.

B. When an employee quits the service of an employer he shall be paid in the usual manner all wages due him no later than the regular payday for the pay period during which the termination occurred. If requested by the employee, such wages shall be paid by mail.

C. Every employer, including this state and its political subdivisions, shall pay wages or compensation due an employee under this section in lawful money of the United States by negotiable check, draft, money order or warrant, in the case of the state or any political subdivision, which can be immediately redeemed in cash at a bank or other financial institution, payable on demand or by deposit in a financial institution of employee's choice and dated not later than the day upon which the check, draft, money order or warrant is given, and not otherwise.

D. A person violating this section is guilty of a petty offense.
A.R.S. § 23-101 — Arizona Code / Title 23 / Chapter 1 / Article 1 / Section 101
23-101 Industrial commission; members; qualifications; appointment; terms; compensation; removal
Status: in_force

23-101. Industrial commission; members; qualifications; appointment; terms; compensation; removal

A. There shall be an industrial commission of Arizona.

B. The commission shall be composed of five members appointed by the governor pursuant to section 38-211. Each member shall be appointed for a term of five years. Members' terms expire on the third Monday in January of the appropriate year. Not more than three members of the commission shall belong to the same political party. The chairman of the commission shall be appointed by and serve at the pleasure of the governor.  The members of the commission shall have been residents of the state for at least five years immediately preceding their original appointment.

C. Each commissioner shall receive a salary of fifty dollars per day for each day in which the commissioner prepares for or attends a commission meeting.  To receive the salary provided in this subsection, each commissioner shall provide documentation to the director of the commission that explains what commission duties were completed for the day in which the commissioner is seeking a salary.

D. The governor may remove a member of the commission for inefficiency, neglect of duty, malfeasance, misfeasance or nonfeasance in office.
A.R.S. § 23-1021.01 — Arizona Code / Title 23 / Chapter 6 / Article 7 / Section 1021.01
23-1021.01 Peace officers; fire fighters; employment status
Status: in_force

23-1021.01. Peace officers; fire fighters; employment status

A. A peace officer or fire fighter as defined in section 1-215 who is injured or killed while traveling directly to or from work as a peace officer shall be considered in the course and scope of employment solely for the purposes of eligibility for workers' compensation benefits, provided that the peace officer or fire fighter is not engaged in criminal activity.

B. Nothing in this section shall create any liability on the part of the peace officer's or fire fighter's employer for any civil damages occurring through the peace officer's or fire fighter's negligent or intentional conduct while traveling to or from work as a peace officer.
A.R.S. § 23-793 — Arizona Code / Title 23 / Chapter 4 / Article 6 / Section 793
23-793 Qualified transient lodging employment; definition
Status: in_force

23-793. Qualified transient lodging employment; definition

A. From and after January 1, 1997, employment with a single employer who qualifies for the transient lodging classification prescribed in section 42-5070 shall be deemed seasonal employment if the department finds all of the following:

1. The employer experiences a substantial slowdown in operations due to the seasonal nature of the employment.

2. The substantial slowdown of operations occurred for the same or similar reasons during the previous year.

3. The employer notifies a seasonal employee in writing prior to employment of the employee's seasonal status and the possibility of denial of unemployment benefits.

4. The employer has an experience rating account chargeable with benefits throughout the twelve consecutive calendar month period ending on June 30 of the preceding year.

5. The employer is not delinquent in the payment of the unemployment insurance tax.

B. The employer shall file an annual application with the department at least ninety days prior to the beginning of the substantial slowdown period.  The department shall, within sixty days after the filing of the application, issue a determination granting or denying seasonal employment status.  An employer adversely affected may appeal the determination in accordance with section 23-724.

C. All wages paid to a worker in seasonal employment during the worker's base period shall be used in determining the weekly benefit amount, except that a seasonal worker shall not be eligible to receive benefits based on seasonal wages during the period the employer experiences a substantial slowdown in operations when the worker's unemployment is due solely to the substantial slowdown.

D. The department shall adopt rules deemed necessary for the administration of this section.

E. Nothing in this section shall be construed as relieving any employer from paying the taxes required by law on all wages paid for employment nor from making reports required by law or rule connected with a worker's right to claim benefits provided under this chapter.

F. For the purposes of this section, "substantial slowdown" means a reduction of the employer's work force based on the number of full-time equivalent employees equal to at least two-thirds of the average of the highest twelve weeks of employment during the one year period prior to such slowdown.
A.R.S. § 23-361 — Arizona Code / Title 23 / Chapter 2 / Article 7 / Section 361
23-361 Rules and regulations
Status: in_force

23-361. Rules and regulations

The commission may adopt such rules and regulations as necessary for the purpose of administering and enforcing this article.
A.R.S. § 23-493.03 — Arizona Code / Title 23 / Chapter 2 / Article 14 / Section 493.03
23-493.03 Testing procedures
Status: in_force

23-493.03. Testing procedures

All sample collection and testing for drugs and alcohol impairment under this article shall be performed according to the following conditions:

1. The collection of samples shall be performed under reasonable and sanitary conditions.

2. Sample collections shall be documented and these documentation procedures shall include both of the following:

(a) Labeling of samples in order to reasonably preclude the possibility of misidentification of the person tested in relation to the test result provided.

(b) An opportunity for the person to be tested to provide notification of any information that may be considered relevant to the test, including identification of currently or recently used prescription or nonprescription drugs or other relevant medical information.

3. Sample collection, storage and transportation to the place of testing shall be performed in a manner reasonably designed to preclude the possibility of sample contamination, adulteration or misidentification.

4. Sample testing shall comply with scientifically accepted analytical methods and procedures. Drug testing shall be conducted at a laboratory approved or certified by the United States department of health and human services, the college of American pathologists or the department of health services.

5. Drug testing shall include confirmation of any positive drug test results for employees. Confirmation of positive drug test results for employees shall be by use of a different chemical process than was used in the initial drug screen. The second or confirmatory drug test shall be a chromatographic technique such as gas chromatography-mass spectrometry or another comparably reliable analytical method.
A.R.S. § 23-1073 — Arizona Code / Title 23 / Chapter 6 / Article 9 / Section 1073
23-1073 Processing of prior claims
Status: in_force

23-1073. Processing of prior claims

The commission appointed pursuant to the provisions of chapter 1 of this title shall process all claims for injuries or disabling conditions which occurred prior to January 1, 1969 to the entry of a final award in accordance with the procedure and benefit levels in effect prior to January 1, 1969. Petitions to reopen filed subsequent to January 1, 1969 shall be processed in accordance with the procedural provisions of this chapter.
A.R.S. § 23-317 — Arizona Code / Title 23 / Chapter 2 / Article 6 / Section 317
23-317 Learner and apprentice wage rates
Status: in_force

23-317. Learner and apprentice wage rates

A wage board may recommend a suitable scale of wage rates for learners and apprentices in any occupation. The scale of learners' and apprentices' wage rates may be less than the regular minimum fair wage rates recommended for experienced minors in the occupation, but the board shall fix a definite period for which the scale of wages for learners and apprentices shall be paid.
A.R.S. § 23-617 — Arizona Code / Title 23 / Chapter 4 / Article 1 / Section 617
23-617 Exempt employment; definition
Status: in_force

23-617. Exempt employment; definition

"Exempt employment" means employment not considered in determining whether an employing unit constitutes an "employer" under this chapter and includes:

1. Agricultural labor as defined in section 23-603 unless the labor is performed for an employing unit that after December 31, 1977 either:

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

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

2. Domestic service in a private home, local college club, or local chapter of a college fraternity or sorority unless performed after December 31, 1977, for an employing unit that in any calendar quarter in either the current or preceding calendar year paid cash wages of one thousand dollars or more to individuals employed in that service.

3. Service performed on or in connection with a vessel or aircraft that is not an American vessel or American aircraft, if the employee is employed on and in connection with the vessel or aircraft when outside the United States.

4. Service performed by an individual in the employ of the individual's son, daughter, or spouse, and service performed by an individual under twenty-one years of age in the employ of the individual's father or mother.

5. Service performed in the employ of the United States government or an instrumentality of the United States that is wholly or partially owned by the United States or that is exempt from the tax imposed by section 3301 of the federal internal revenue code, except that to the extent Congress shall permit states to require instrumentalities of the United States to make payments into an unemployment fund under a state unemployment compensation law, all of the provisions of this chapter shall be applicable to the instrumentalities, in the same manner, to the same extent and on the same terms as to all other employers, employing units, individuals and services, but if this state is not certified for any year by the secretary of labor of the United States under section 3304 of the federal internal revenue code, the payments required of the instrumentalities with respect to the year shall be refunded by the department from the fund in the same manner and within the same period as is provided in section 23-742 with respect to contributions erroneously collected.

6. Service performed in the employ of another state, or any political subdivision of another state, or an instrumentality of another state or another state's political subdivision that is wholly owned by one or more other states or political subdivisions and that exercises only governmental as distinguished from proprietary functions, and service performed in the employ of any political subdivisions of this or any other state to the extent the instrumentality, with respect to the service, is exempt under the Constitution of the United States from the tax imposed by section 3301 of the federal internal revenue code, except that part of the service performed in the employ of any of the foregoing that is "employment" under section 23-615, subsection A, paragraph 6, 7 or 8. But any state, or a political subdivision of a state, or instrumentality of any one or more of the foregoing that is wholly owned by one or more states or political subdivisions may elect coverage whether or not the service performed is governmental or proprietary for any state or political subdivision thereof or any instrumentality thereof or any department thereof in the manner prescribed and subject to the terms of section 23-725, and election may exclude any services described in section 23-615, subsection B.  This state or any instrumentality or political subdivision of this state may appropriate funds to pay contributions or payments in lieu of contributions as required by this chapter.

7. Service with respect to which unemployment compensation is payable under an unemployment compensation system established by an act of Congress.

8. Service performed in any calendar quarter in the employ of an organization exempt from income tax under section 501(a) (other than an organization described in section 401(a)) or under section 521 of the federal internal revenue code, if the remuneration for such service is less than fifty dollars.

9. Service performed in the employ of a school, college or university, if the service is performed either:

(a) By a student enrolled and regularly attending classes at the school, college or university.

(b) By the spouse of a student if the spouse is advised at the time the spouse commences to perform the service that the employment is provided under a program to provide financial assistance to the student by the school, college or university and the employment will not be covered by any program of unemployment compensation.

10. Service performed in the employ of a corporation, community chest fund, or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of a private shareholder or individual, no substantial part of the activities of which is carrying on propaganda or otherwise attempting to influence legislation, and that does not participate in or intervene in (including the publishing or distributing of statements) any political campaign on behalf of any candidate for public office; provided that services performed in the employ of an organization operated for the primary purpose of carrying on a trade or business for profit shall not be exempt on the ground that all of its profits are payable to one or more organizations exempt under this paragraph, and further provided that services exempt under this paragraph shall not include services performed for an employing unit with respect to which the employing unit is liable for any federal tax against which credit may be taken for contributions required to be paid into a state unemployment compensation fund, and further provided that services exempt under this paragraph shall not include services that are "employment" under section 23-615, subsection B, paragraph 6, 7 or 8.

11. Services performed as a student nurse in the employ of a hospital or a nurses' training school by an individual enrolled and regularly attending classes in a nurses' training school chartered or approved pursuant to state law, and service performed as an interne in the employ of a hospital by an individual who has completed a four years' course in a medical school chartered or approved pursuant to state law.

12. Service performed by an individual for an employing unit as an insurance producer, if all service performed by the individual for the employing unit is performed for remuneration solely by way of commission.

13. Service performed by an individual under the age of eighteen in the delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution, and service performed by an individual in, and at the time of, the sale of newspapers or magazines to ultimate consumers under an arrangement by which the newspapers or magazines are to be sold by the individual at a fixed price, the individual's compensation being based on the retention of the excess of such price over the amount at which the newspapers or magazines are charged to the individual, whether or not the individual is guaranteed a minimum amount of compensation for such service, or is entitled to be credited with the unsold newspapers or magazines turned back.

14. Service performed by an individual for an employing unit as a licensed real estate broker or a licensed cemetery broker or a licensed real estate salesman or licensed cemetery salesman, if all service performed by the individual for the employing unit is performed for remuneration solely by way of commission, except that any service performed as a real estate broker, a cemetery broker, a real estate salesman or a cemetery salesman for an employing unit to which the provisions of section 23-750 apply is not exempt employment.

15. Service performed in the employ of a foreign government including service as a consular or other officer or employee or a nondiplomatic representative.

16. Service performed in the employ of an instrumentality wholly owned by a foreign government if both:

(a) The service is of a character similar to that performed in foreign countries by employees of the United States government or of an instrumentality of the United States government.

(b) The department finds that the United States secretary of state has certified to the United States secretary of the treasury that the foreign government with respect to whose instrumentality exemption is claimed grants an equivalent exemption with respect to similar service performed in the foreign country by employees of the United States government and of instrumentalities of the United States government.

17. Service covered by an arrangement between the department and the agency charged with the administration of any other state or federal unemployment compensation law pursuant to which all services performed by an individual for an employing unit during the period covered by the employing unit's duly approved election are deemed to be performed entirely within the agency's state.

18. Casual labor not in the course of the employer's trade or business.

19. Service performed by an individual for an employing unit as a securities salesman, if all such service performed by the individual for the employing unit is performed for remuneration solely by way of commission, except that any service performed as a securities salesman for an employing unit to which the provisions of section 23-750 apply is not exempt employment.

20. During any period in which it does not meet the definition of employment in section 23-615, subsection A, paragraph 10, service performed by an individual who is enrolled at a nonprofit or public educational institution that normally maintains a regular faculty and curriculum and normally has a regularly organized body of students in attendance at the place where the institution's educational activities are carried on as a student in a full-time program, and taken for credit at the institution, which combines academic instruction with work experience, if the service is an integral part of the program, and the institution has so certified to the employer, except that this paragraph shall not apply to service performed in a program established for or on behalf of an employer or group of employers.

21. Service performed in the employ of a hospital if the service is performed by a patient of the hospital.

22. Service performed by individuals solely to the extent that the compensation includes commissions, overrides or profits realized on sales primarily resulting from the in-person solicitation of orders for or making sales of consumer goods in the home, except that any service performed by an individual for an employing unit to which the provisions of section 23-750 apply is not exempt employment.

23. Services performed by an individual for an employing unit in the preparation of tax returns and related schedules and documents, if all services are performed for remuneration solely by way of commissions, independent of the control of the employing unit, other than that required by the internal revenue service for correct preparation of the returns, except that any service performed by an individual for an employing unit to which the provisions of section 23-750 apply is not exempt employment.
A.R.S. § 23-491.10 — Arizona Code / Title 23 / Chapter 2 / Article 12 / Section 491.10
23-491.10 Hearing rights and procedures
Status: in_force

23-491.10. Hearing rights and procedures

A. Any interested party may request a hearing before the commission to contest any correction order 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.

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 23-491.12.

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 23-491.14. 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 procedures 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. Upon the filing of a request for hearing, any interested party or his authorized agent is entitled to inspect the file of the commission provided the authorized agent has filed the authorization to inspect 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 matter 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. § 23-657 — Arizona Code / Title 23 / Chapter 4 / Article 2 / Section 657
23-657 Violations; classification
Status: in_force

23-657. Violations; classification

Any person who knowingly violates any provision of this chapter, or any rule or regulation thereunder, the violation of which is made unlawful or the observance of which is required under the terms of this chapter, and for which a penalty is neither prescribed in this chapter nor provided by any other applicable statute, is guilty of a class 3 misdemeanor. Each day such violation continues shall be a separate offense.
A.R.S. § 23-950 — Arizona Code / Title 23 / Chapter 6 / Article 3 / Section 950
23-950 Priority of actions
Status: in_force

23-950. Priority of actions

Actions and proceedings under this chapter and actions or proceedings to which the commission, the department of insurance and financial institutions or the state is a party in which any question arises under this chapter or concerning an award of the commission, or an order of the commission or the department of insurance and financial institutions shall be advanced for trial or hearing over civil actions, except election contests and actions affecting the corporation commission.
A.R.S. § 23-774 — Arizona Code / Title 23 / Chapter 4 / Article 6 / Section 774
23-774 Documentation of benefit eligibility
Status: in_force

23-774. Documentation of benefit eligibility

A. The department shall require an individual who files a claim for benefits to provide documentation or information sufficient for the department to determine the individual's eligibility for benefits.  If an individual who files a claim for benefits has the ability to produce documents or information and fails to produce the documents or information, the department may find the individual's claim for unemployment benefits invalid until the documents or information are produced.

B. On request by the department, an employer shall provide relevant documentation to the department to allow the department to determine the individual's eligibility for benefits.

C. If an employer provides documentation that an individual either voluntarily resigned from employment or abandoned the individual's employment, the burden of providing documentation to determine an individual's eligibility for benefits shifts to the individual.

D. Documentation from an employer to show the individual's voluntary resignation or abandonment of employment may include written or verbal statements from the employer detailing the individual's circumstances for leaving employment.  Supporting documentation of:

1. A voluntary resignation may include an employer's attestation of the individual's verbal resignation and that work was available for the individual, if the individual did not provide a written resignation.

2. Job abandonment may include an attestation from the employer that the individual failed to report for assigned work and that work was available for the individual.

E. Notwithstanding this section, the department shall make reasonable efforts to obtain the information necessary to determine the eligibility of the individual.
A.R.S. § 23-618 — Arizona Code / Title 23 / Chapter 4 / Article 1 / Section 618
23-618 Fund
Status: in_force

23-618. Fund

"Fund" means the unemployment compensation fund established by section 23-701.
A.R.S. § 23-680 — Arizona Code / Title 23 / Chapter 4 / Article 3 / Section 680
23-680 Notices of hearings
Status: in_force

23-680. Notices of hearings

Notwithstanding section 41-1002, subsection B and section 41-1061, all notices of hearing required by this chapter shall be given at least ten working days prior to the date set for the hearing, except that any interested party may waive his right to notice.
A.R.S. § 23-391 — Arizona Code / Title 23 / Chapter 2 / Article 9 / Section 391
23-391 Overtime pay; workweek
Status: in_force

23-391. Overtime pay; workweek

A. Subject to availability of appropriated monies, an employee of this state or any political subdivision who serves in a position determined by the law enforcement merit system council, the director of the department of administration, the Arizona board of regents, the board of directors for the Arizona state schools for the deaf and the blind or the governing body of a political subdivision, in the discretion of the board or body, to be eligible for overtime compensation and who is required to work in excess of the person's normal workweek shall be compensated for the excess time 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 overtime compensation is mandated by federal law.

2. If federal law does not mandate overtime compensation, the regular rate of pay or compensatory leave on an hour-for-hour basis at the discretion of the board or governing body.

B. Notwithstanding subsection A of this section, this state or a political subdivision may provide, by action of the law enforcement merit system council, the Arizona board of regents, the board of directors for the Arizona state schools for the deaf and the blind or the director of the department of administration in the case of this state or of the governing body of the political subdivision, for a workweek of forty hours in less than five days for certain classes of employees employed by this state or the political subdivision.

C. For state agencies of the state personnel system, unless otherwise provided by law, the state workweek is the period of seven consecutive days starting Saturday at 12:00 a.m. and ending Friday at 11:59 p.m. Notwithstanding any other law, the director of the department of administration may authorize a workday, for the method and purpose of recording time entries to be included in a workweek and a pay period for employees of this state who are in the correctional officer class series of the state department of corrections or who are employed at the Arizona state hospital and who are regularly scheduled to work a shift that spans two calendar days, defined as the day a majority of the hours are regularly scheduled to be worked. If the regularly scheduled hours are equally split between two calendar days, the workday is defined as the day the shift ends. Scheduled shift start and end times shall not be adjusted to avoid the payment of overtime.
A.R.S. § 23-433 — Arizona Code / Title 23 / Chapter 2 / Article 10 / Section 433
23-433 Consulting program
Status: in_force

23-433. Consulting program

A. The division shall develop a consulting program utilizing visits to the workplace of employers to provide consultation and advice to such employers. Such visits:

1. May be conducted only upon request by an employer for consultation and advice on the interpretation or applicability of standards, possible alternative ways of complying with applicable standards or other matters related to accident prevention, occupational health or obligations pursuant to this article.

2. Shall be limited to matters specified in the request.

B. If, after evaluating such request, the director determines an alternative means of providing consultation is more appropriate and equally effective, he may provide such alternative means rather than consultation at the workplace.

C. The director shall make recommendations regarding solutions to matters within the scope of the workplace consultation.

D. No visit pursuant to this section shall be regarded as an inspection or investigation pursuant to section 23-415. No citation shall be issued nor shall any civil penalties be proposed upon such visit, except that nothing in this section shall affect in any manner any provision of this article the purpose of which is to eliminate imminent danger violations.
A.R.S. § 23-340 — Arizona Code / Title 23 / Chapter 2 / Article 6.1 / Section 340
23-340 Definitions
Status: in_force

23-340. Definitions

In this article, unless the context otherwise requires:

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

2. "Employee" means every woman or man in receipt of or entitled to compensation for labor performed for any employer.

3. "Employer" means this state and any political subdivision of this state which receives state tax monies and every person, firm, corporation, agent, manager, representative, contractor, subcontractor, principal or other person having control or direction of any woman or man employed at any labor, or responsible directly or indirectly for the wages of another.

4. "Wage" or "wages" means any compensation for labor measured by time, piece, or otherwise.
A.R.S. § 23-1303 — Arizona Code / Title 23 / Chapter 8 / Article 1 / Section 1303
23-1303 Illegality of acts or agreements violating article; strike or picketing for illegal purpose
Status: in_force

23-1303. Illegality of acts or agreements violating article; strike or picketing for illegal purpose

A. Any act or provision in an agreement which is in violation of this article is illegal and void.

B. Any strike or picketing to force or induce an employer to make an agreement orally or in writing in violation of this article is for an illegal purpose.
A.R.S. § 23-722.01 — Arizona Code / Title 23 / Chapter 4 / Article 5 / Section 722.01
23-722.01 Employer reporting; exceptions; retention of records; unauthorized disclosure; civil penalty; new hire directory; definitions
Status: in_force

23-722.01. Employer reporting; exceptions; retention of records; unauthorized disclosure; civil penalty; new hire directory; definitions

A. Subject to the requirements of subsection E, the department of economic security shall implement a program to require all employers doing business in this state to report the following to the department of economic security:

1. The hiring of any employee who resides or works in this state.

2. The rehiring or returning to work of any employee who was laid off, furloughed, separated, granted a leave without pay or terminated from employment.

B. The department of economic security shall eliminate all unnecessary reporting in the information requested to reduce the burden of employers.

C. Employers shall report by submitting a W-4 form or an equivalent form at the option of the employer. The information may be submitted magnetically, electronically or by first class mail, telefacsimile or any other means that are authorized by the department of economic security.

D. Employers shall submit the reports within twenty days after the employee is hired or rehired or returns to work. Employers who submit reports magnetically or electronically shall submit the reports in two monthly transmissions not more than sixteen days apart. The report shall contain all of the following:

1. The employee's name, address and social security number.

2. The employer's name, address and federal tax identification number.

3. The date the employee first performed services for pay.

E. An employer who has employees who are employed in two or more states and who transmits new hire reports magnetically or electronically may comply with the new hire reporting requirements by designating one state in which the employer has employees to transmit the report. An employer who has employees in two or more states shall notify the United States secretary of health and human services of the state to which the employer shall send reports.

F. Except as provided in subsection L, the department of economic security or its agent may use the information collected pursuant to this section only for the following purposes:

1. The administration and enforcement of child support pursuant to title IV-D of the social security act. Except as provided by federal law, the information collected shall only be used to locate a person to establish paternity and to establish, modify and enforce support obligations.  The information may be disclosed to an agent under contract with the department of economic security to carry out this purpose. The information may also be disclosed to agencies of this state, political subdivisions of this state, federal agencies involved with support and other states and their political subdivisions seeking to locate persons to enforce support pursuant to title IV-D of the social security act.

2. The identification and prevention of benefit fraud in assistance programs under title 46, chapter 2, article 5.

3. The administration of employment security services pursuant to this chapter and workers' compensation programs pursuant to chapter 6 of this title.

G. The information collected pursuant to this section shall not be disclosed pursuant to title 39, chapter 1. An employee or agent of this state who discloses any information collected pursuant to this section without authorization is subject to a civil penalty of one thousand dollars for each offense. The department of economic security may impose and collect the penalty and shall deposit any collections in the state general fund. Any unauthorized release of information is cause for the administrative discipline of the employee or agent.

H. The department shall operate a state directory of new hires comprised of information received from employers. The department shall enter information received from employers into the state directory of new hires within five business days after receipt.  The information shall be forwarded to the national directory of new hires within three business days after entry into the state directory of new hires. For the purposes of this section, a business day is a day when state offices are open for regular business.

I. The department of economic security shall conduct, directly or by contract, an automated comparison of social security numbers reported by employers pursuant to this section and the social security numbers on record in the state case registry of child support orders.

J. If a comparison conducted pursuant to subsection I reveals a match of the social security number of an obligor required to pay support in a title IV-D case, the department, within two business days, shall issue an income withholding order to the employer of the person obligated to pay support directing the employer to withhold the ordered amount from the income of the employee.

K. This section does not allow the department to impose penalties on employers for failing to comply with this section's reporting requirements.

L. The department of economic security and the Arizona health care cost containment system administration may use the information collected pursuant to this section to verify eligibility under title XIX of the social security act.

M. For the purposes of this section:

1. "Employee" means a person who is employed within the meaning of chapter 24 of the internal revenue code of 1986. Employee does not include an employee of a federal or state agency performing intelligence or counterintelligence functions if the head of the agency has determined that reporting with respect to the employee could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission.

2. "Employer" has the same meaning prescribed in section 3401(d) of the internal revenue code of 1986 and includes any governmental entity and any labor organization.
A.R.S. § 23-493.12 — Arizona Code / Title 23 / Chapter 2 / Article 14 / Section 493.12
23-493.12 Severability
Status: in_force

23-493.12. Severability

If a provision of this article or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this article that can be given effect without the invalid provision or application and, to this end, the provisions of this article are severable.
A.R.S. § 23-963 — Arizona Code / Title 23 / Chapter 6 / Article 4 / Section 963
23-963 Provisions of compensation insurance policy
Status: in_force

23-963. Provisions of compensation insurance policy

Every policy of insurance covering the liability of the employer for workers' compensation shall cover the entire liability of the employer to his employees covered by the policy or contract, and be deemed to contain the following provisions:

1. That as between the employee and the insurance carrier the notice to or knowledge of the occurrence of the injury on the part of the employer shall be deemed notice or knowledge of the insurance carrier.

2. That jurisdiction of the employer shall be jurisdiction of the insurance carrier.

3. That the insurance carrier shall be bound by and subject to the orders, findings, decisions and awards rendered against the employer for payment of compensation.

4. That the insolvency or bankruptcy of the employer and his discharge therein shall not relieve the insurance carrier or workers' compensation pool from payment of compensation for injuries or death sustained by an employee during the life of the policy or contract.
A.R.S. § 23-1322 — Arizona Code / Title 23 / Chapter 8 / Article 2 / Section 1322
23-1322 Unlawful picketing
Status: in_force

23-1322. Unlawful picketing

A. It is unlawful for a labor organization to picket any establishment unless there exists between the employer and the majority of employees of such establishment a bona fide dispute regarding wages or working conditions.

B. It is unlawful for a labor organization to engage in picketing or to induce others to engage in picketing if the purpose of the picketing is to coerce or induce an employer or self-employed person to join or contribute to a labor organization.
A.R.S. § 23-493.01 — Arizona Code / Title 23 / Chapter 2 / Article 14 / Section 493.01
23-493.01 Collection of samples
Status: in_force

23-493.01. Collection of samples

A. In order to test reliably for the presence of drugs, an employer may require samples from its employees and prospective employees and may require presentation of reliable individual identification from the person being tested to the person collecting the samples. Collection of the sample shall conform to the requirements of this article. The employer may designate the type of sample to be used for this testing.

B. In order to test reliably for alcohol impairment, an employer may require samples from its employees and identification from the person being tested to the person collecting the samples. Collection of the sample shall conform to the requirements of this article. The employer may designate the type of sample to be used for this testing.
A.R.S. § 23-761 — Arizona Code / Title 23 / Chapter 4 / Article 5.1 / Section 761
23-761 Definitions
Status: in_force

23-761. Definitions

In this article, unless the context otherwise requires:

1. "Affected group" means two or more employees designated by the employer to participate in a shared work plan.

2. "Approved shared work plan" or "approved plan" means an employer's shared work plan which meets the requirements of section 23-762 and which the department approves in writing.

3. "Normal weekly hours of work" means the number of hours in a week that the employee normally would work for the shared work employer or forty hours, whichever is less.

4. "Shared work benefits" means benefits, including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 United States Code, chapter 85, payable to an individual under this article for weeks of reduced work under an approved shared work plan.

5. "Shared work employer" means an employer with a shared work plan in effect. An individual who or an employing unit which succeeds to or acquires, pursuant to section 23-733, an organization, trade or business with a shared work plan in effect automatically becomes a shared work employer and adopts such plan, if such individual or employing unit certifies to shared work benefits under the previously approved plan.

6. "Shared work plan" or "plan" means an employer's voluntary written plan for reducing unemployment under which a specified group of employees shares the work remaining after their normal weekly hours of work are reduced.
A.R.S. § 23-941.01 — Arizona Code / Title 23 / Chapter 6 / Article 3 / Section 941.01
23-941.01 Settlement of claims; full and final; exception; definitions
Status: in_force

23-941.01. Settlement of claims; full and final; exception; definitions

A. The interested parties to a claim may:

1. Settle and release all or any part of an accepted claim for compensation, benefits, penalties or interest.

2. If the period of temporary disability is terminated by a final notice of claim status, award of the commission or stipulation of the interested parties, negotiate a full and final settlement of an accepted claim.

B. Any full and final settlement shall:

1. Be in writing.

2. Be signed by the carrier, special fund or self-insured employer or an authorized representative of the carrier, special fund or self-insured employer and the employee or the employee's authorized representative.

3. Acknowledge that the employee had the opportunity to seek legal advice and be represented by counsel.

4. Include a description of the employee's medical conditions that have been identified and contemplated at the time of the settlement agreement.

5. Have attached the information provided by the carrier, special fund or self-insured employer pursuant to subsection C, paragraphs 2 and 3 of this section.

C. A full and final settlement shall include the following  signed attestations:

1. The employee understands the rights settled and released by the agreement.

2. The employee has been provided information from the carrier, special fund or self-insured employer that outlines any reasonable anticipated future medical, surgical and hospital benefits relating to the claim, the projected cost of those benefits, an explanation of how those projected costs were determined and a disclosure of the amount of the settlement that represents the settlement of future medical, surgical and hospital benefits.

3. The employee has been provided information from the carrier, special fund or self-insured employer that discloses the total amount of future indemnity benefits, the employee's rated age, if applicable, the employee's life expectancy, the source of the employee's life expectancy, the present value of future indemnity benefits, the discount rate used to calculate present value and the amount of the settlement that represents the settlement of future indemnity benefits.

4. The employee understands that monies received for future medical treatment associated with the industrial injury should be set aside to ensure that the costs of the treatment will be paid.

5. The parties have considered and taken reasonable steps to protect any interests of medicare, medicaid, the Indian health service and the United States department of veterans affairs, including establishing a medicare savings account if necessary.

6. The parties have conducted a search for and taken reasonable steps to satisfy any identified medical liens and unpaid medical charges.

7. Coercion, duress, fraud, misrepresentation or undisclosed additional agreements have not been used to achieve the full and final settlement.

D. If an administrative law judge of the commission determines that the requirements of subsection B of this section are satisfied, the attestations of subsection C of this section are present and the employee is represented by counsel, the administrative law judge shall approve the settlement.

E. If the employee is not represented by counsel, the employee shall appear before an administrative law judge of the commission and the administrative law judge shall make specific factual findings regarding whether the requirements of subsections B and C of this section are satisfied. The administrative law judge shall conduct a hearing and perform a detailed inquiry into the attestations provided by the unrepresented employee pursuant to subsection C of this section. The inquiry shall include whether the unrepresented employee understands the specific rights being settled and released, the information, computation and methodology provided by the carrier, special fund or self-insured employer, and the employee's responsibility to protect the interests of other payors and ensure the payment of future treatment costs.

F. The commission may not approve a full and final settlement if the requirements of subsections B and C of this section are not met.

G. A full and final settlement payment shall be made to the employee within fifteen days after the award approving the settlement becomes final.

H. The carrier, special fund or self-insured employer shall notify the attending physician of the approval of a full and final settlement if the full and final settlement terminates the employee's entitlement to medical benefits. Unless medical benefits rendered before the approval date of the full and final settlement are subject to a dispute or payment for the treatment was included in the full and final settlement agreement, the carrier, special fund or self-insured employer remains responsible for payment for the treatment not covered by the full and final settlement agreement as provided by this chapter.

I. Notwithstanding subsection A of this section, a full and final settlement may not be negotiated to settle issues resulting in total and permanent disability pursuant to section 23-1045, subsections C and D.

J. A full and final settlement agreement may not include the settlement of claims unrelated to the claim for compensation, benefits, penalties and interest.

K. This section does not apply to the settlement of claims that have been denied.

L. For the purposes of this section:

1. "Full and final settlement" means a settlement in which the injured employee or, if the injured employee is deceased, the employee's estate, surviving spouse or dependent waives any future entitlement to benefits on the claim and any future right to change the claim pursuant to section 23-1044, subsection F or reopen the claim pursuant to section 23-1061, subsection H.

2. "Special fund" means the special fund established by section 23-1065.
A.R.S. § 23-105 — Arizona Code / Title 23 / Chapter 1 / Article 1 / Section 105
23-105 Sites of offices and sessions; business hours; sessions and records; voting
Status: in_force

23-105. Sites of offices and sessions; business hours; sessions and records; voting

A. The commission shall maintain its principal offices at the state capitol, but may maintain offices and hold meetings in any place within the state.

B. The commission offices shall be open for the transaction of business from eight o'clock a.m. until five o'clock p.m. each day from Monday through Friday, except on holidays. Sessions of the commission shall be public and all proceedings of the commission shall be shown on its records, which shall be a public record. The vote of each member shall be recorded.
A.R.S. § 23-777 — Arizona Code / Title 23 / Chapter 4 / Article 6 / Section 777
23-777 Disqualification from benefits for unemployment resulting from labor dispute; exceptions; effect on contribution rate
Status: in_force

23-777. Disqualification from benefits for unemployment resulting from labor dispute; exceptions; effect on contribution rate

A. An individual shall be disqualified for benefits for any week with respect to which the commission finds that his total or partial unemployment is due to a labor dispute, strike or lockout which exists at the factory, establishment or other premises at which he is or was last employed. This provision shall not apply if it is shown to the satisfaction of the commission that the individual is not participating in, financing or directly interested in the labor dispute, strike or lockout or that he does not belong to a grade or class of workers of which, immediately before the commencement of the labor dispute, strike or lockout, there were members employed at the premises at which the labor dispute, strike or lockout occurs, any of whom are participating in or financing or directly interested in the dispute, strike or lockout. In the case of separate branches of work commonly conducted as separate businesses in separate premises, each department shall, for the purposes of this section, be deemed to be a separate factory, establishment or other premises.

B. If the commission, upon investigation, finds that the dispute, strike or lockout is caused by the failure or refusal of an employer to conform to the provisions of an agreement or contract between employer and employee, or a law of this state or of the United States pertaining to hours, wages or other conditions of work, such dispute, strike or lockout shall not render the workers ineligible for benefits.

C. Benefits paid to an individual as a result of total or partial unemployment due to a labor dispute, strike or lockout shall not be used as a factor in determining the contribution rate of employers of such individual prior to the commencement of the labor dispute, strike or lockout. Where an individual's unemployment subsequent to the termination of a labor dispute, strike or lockout is a result of the labor dispute, strike or lockout, including replacement of former employees by the employer as a legitimate tactic of or response to the labor dispute, strike or lockout, benefits paid to the individual shall not be charged to the account or used as a factor in determining the contribution rate of any base-period employer.

D. "Labor dispute" as used in this section has its ordinary meaning. The existence of a labor dispute does not depend on the existence of a strike, lockout or any other stoppage of work, nor does there have to be any actual unemployment or imminent threat of unemployment or any particular number of individuals involved, before a labor dispute exists.
A.R.S. § 23-1703 — Arizona Code / Title 23 / Chapter 11 / Article 1 / Section 1703
23-1703 Assessment
Status: in_force

23-1703. Assessment

A. The commission shall assess and collect fees from cities and towns for deposit in the fund. The fee shall be assessed to each city and town that receives state shared revenues pursuant to sections 42-5029 and 43-206. The total amount of fees for all cities and towns shall be $15,000,000 in each fiscal year. The share of fees assessed in each fiscal year to each city and town is based on the population of the city or town as determined by the most recent population estimates of the United States census bureau as of July 1 in proportion to the total population of all incorporated cities and towns.

B. The commission shall assess the fees under this section not later than July 31 of each year, and the fees are payable immediately on assessment. If a city or town fails to pay the assessment in full on or before September 30, the commission shall notify the state treasurer who shall withhold the delinquent amount from the distribution of monies to the appropriate city or town pursuant to sections 42-5029 and 43-206.

C. All monies paid to the commission or withheld by the state treasurer for the fees assessed pursuant to this section shall be deposited in the fund.

D. Cities and towns may meet their obligation for the assessment from any source of city or town revenue designated by the appropriate city or town. City and town payments made pursuant to this section are excluded from the applicable expenditure limitations.
A.R.S. § 23-806 — Arizona Code / Title 23 / Chapter 5 / Article 1 / Section 806
23-806 Contributory negligence or assumption of risk as question of fact; effect of comparative negligence on damages
Status: in_force

23-806. Contributory negligence or assumption of risk as question of fact; effect of comparative negligence on damages

In actions brought under this article, the question of whether the employee was guilty of contributory negligence or assumed the risk is a question of fact and at all times, regardless of the state of the evidence relating thereto, shall be left to the jury. The fact that the employee was guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to the employee.
A.R.S. § 23-204 — Arizona Code / Title 23 / Chapter 2 / Article 1 / Section 204
23-204 Employee benefits; state preemption; exemption; definition
Status: in_force

23-204. Employee benefits; state preemption; exemption; definition

A. The regulation of employee benefits, including nonwage compensation, paid and unpaid leave and other absences, meal breaks and rest periods, is of statewide concern. The regulation of nonwage employee benefits pursuant to this chapter and federal law is not subject to further regulation by a city, town or other political subdivision of this state.

B. This section does not apply to any employee benefit, including nonwage compensation, paid and unpaid leave and other absences, meal breaks and rest periods, provided by a city, town or other political subdivision of this state to any of its employees.

C. For the purposes of this section, "nonwage compensation" includes fringe benefits, welfare benefits, child or adult care plans, sick pay, vacation pay, severance pay, commissions, bonuses, retirement plan or pension contributions, other employment benefits provided in 29 United States Code section 2611 and other amounts promised to the employee that are more than the minimum compensation due an employee by reason of employment.
A.R.S. § 23-1031 — Arizona Code / Title 23 / Chapter 6 / Article 7 / Section 1031
23-1031 Persons incarcerated; suspension of benefits
Status: in_force

23-1031. Persons incarcerated; suspension of benefits

A. Except as provided in subsection B of this section, beginning on December 1, 1997, payment of compensation under this chapter shall be suspended during the period of time that the employee has either:

1. Been convicted of a crime and is incarcerated in any state, federal, county or city jail or correctional facility.

2. Been adjudicated delinquent and is incarcerated in any state, federal, county or city jail or correctional facility.

B. If any portion of an employee's payment of compensation under this chapter has been garnished to satisfy support obligations pursuant to title 25, chapter 5, article 1, the portion of the compensation that has been garnished shall be paid as provided in the court order.
A.R.S. § 23-427 — Arizona Code / Title 23 / Chapter 2 / Article 10 / Section 427
23-427 Employer recordkeeping
Status: in_force

23-427. Employer recordkeeping

A. Each employer shall make, keep and preserve, and make available to the commission such records regarding his activities relating to this article as the commission may prescribe by regulations as necessary or appropriate for the enforcement of this article or for developing information regarding the causes and prevention of occupational accidents and illnesses. In order to carry out the provisions of this subsection such regulations may include provisions requiring employers to conduct periodic inspections. The commission shall also issue regulations requiring that employers, through posting of notices or other appropriate means, keep their employees informed of their protections and obligations under this article including the provisions of applicable standards.

B. The commission shall prescribe regulations requiring employers to maintain accurate records of and to make periodic reports on work-related deaths, injuries and illnesses other than minor injuries requiring only first aid treatment and which do not involve medical treatment, loss of consciousness, restriction of work or motion or transfer to another job.

C. The commission shall issue regulations requiring employers to maintain accurate records of employee exposures to potentially toxic materials or harmful physical agents which are required to be monitored or measured under section 23-410. Such regulations shall provide employees or their representatives with an opportunity to observe such monitoring or measuring and to have access to the records thereof. Such regulations shall also make appropriate provision for each employee or former employee to have access to such records as will indicate his own exposure to toxic materials or harmful physical agents. Each employer shall promptly notify any employee who has been or is being exposed to toxic materials or harmful physical agents in concentrations or at levels which exceed those prescribed by an applicable occupational safety and health standard promulgated under section 23-410 and shall inform any employee who is being thus exposed of the corrective action being taken.

D. Any information obtained by the commission under this article shall be obtained with a minimum burden upon employers, especially those operating small businesses. Unnecessary duplication of efforts in obtaining information shall be reduced to the maximum extent feasible, with concern for the required federal information.

E. No recordkeeping or information requirements promulgated by the commission shall eliminate an employer's responsibility under the federal law to provide information required by the secretary of labor.
A.R.S. § 23-1025 — Arizona Code / Title 23 / Chapter 6 / Article 7 / Section 1025
23-1025 Agreement by employee to waive compensation or to pay premium void; unlawful collection of premium; classification
Status: in_force

23-1025. Agreement by employee to waive compensation or to pay premium void; unlawful collection of premium; classification

A. An agreement by an employee to waive the employee's rights to compensation, except as provided in this chapter, or an agreement by an employee to pay any portion of the premium paid by the employee's employer is void.

B. It is unlawful for an employer to intentionally collect or receive any premiums from an employee for workers' compensation insurance, except as provided in this chapter. A violation of this subsection is a class 6 felony.