reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-795 - Contract educational providers; definition

23-795.
Contract educational providers;  definition
A. Notwithstanding sections 23-779 and 23-780,  benefits based on service for a contract educational provider shall not be paid to an individual for any week of unemployment that begins during a period between two successive academic years or terms if both of the following are true:
1. The individual performs these services in the first of the successive academic years or terms.
2. There is a reasonable assurance that the individual will perform the same services in the second of the academic years or terms.
B. If benefits are denied to an individual under subsection A of this section and the individual was not offered an opportunity to perform these services for the employer for the second successive academic year or term,  the individual is entitled to a retroactive payment of benefits for each week to which both of the following apply:
1. The individual filed a timely claim for benefits.
2. The benefits were denied solely by reason of subsection A of this section.
C. Benefits based on service for a contract educational provider shall not be paid to an individual for any week of unemployment that begins during an established and customary vacation period or holiday recess if both of the following are true:
1. The individual performs these services in the period immediately before the vacation period or holiday recess.
2. There is a reasonable assurance that the individual will perform the services in the period immediately following the vacation period or holiday recess.
D. For the purposes of this section,  " contract educational provider"  means a private,  for-profit entity that is approved by the department of education to provide and does provide special education services to pupils from schools that offer instruction in kindergarten programs and grades one through twelve.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-796 - Services for a charter school; benefits

23-796.
Services for a charter school;  benefits
A. Notwithstanding any other law,  benefits based on service for a charter school,  as described in section 15-181,  shall not be paid to an individual for any week of unemployment that begins during a period between two successive academic years or terms if the individual performs these services in the first of the successive academic years or terms and there is a reasonable assurance that the individual will perform the same services in the second of the academic years or terms,  except that if benefits are denied to any individual under this subsection and that individual was not offered an opportunity to perform these services for the employer for the second successive academic year or term,  the individual is entitled to a retroactive payment of benefits for each week the individual filed a timely claim for benefits and the benefits were denied solely by reason of this subsection.
B. Benefits based on service for a charter school,  as described in section 15-181,  shall not be paid to an individual for any week of unemployment that begins during an established and customary vacation period or holiday recess if the individual performs these services in the period immediately before the vacation period or holiday recess and if there is a reasonable assurance that the individual will perform the services in the period immediately following the vacation period or holiday recess.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-798 - Reservation of legislative authority; no vested rights

23-798.
Reservation of legislative authority;  no vested rights
The legislature reserves the right to amend or repeal all or any part of this chapter at any time,  and there shall be no vested private right of any kind against such amendment or repeal. All the rights,  privileges or immunities conferred by this chapter or by acts done pursuant thereto shall exist subject to the power of the legislature to amend or repeal this chapter at any time.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-799.01 - Fraud prevention; report

23-799.01.
Fraud prevention;  report
A. To ensure program integrity,  the department shall:
1. Obtain current and actual employment and earned income information in real time via verification services from external data sources,  including third-party vendors,  as part of the department's employment and earned income verification process to accurately determine an individual's eligibility for unemployment benefits.
2. Verify the identity of an individual by incorporating an identity verification process that may include digital or physical identity authentication factors,  or both,  using external data sources,  including third-party vendors.
3. Minimize erroneous communications to employers generated from fraudulent claim applications.
B. On or before December 31 of each year,  the department shall submit to the governor,  the president of the senate and the speaker of the house of representatives,  and shall provide a copy to the secretary of state,  a report that contains details on unemployment insurance fraud for the previous fiscal year,  including all of the following:
1. The number of fraudulent claims.
2. The total amount of monies paid in fraudulent claims.
3. The impact of fraud on employer contribution rates and experience ratings.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-801 - Liability of employer

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.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-802 - Declaration of policy

23-802.
Declaration of policy
Labor and services of workmen at manual and mechanical labor in the employment of a person in an occupation declared by section 23-803 to be hazardous is service in a hazardous occupation within the meaning of the terms of section 23-801. By reason of the nature and conditions of and the means used and provided for doing the work in a hazardous occupation,  such service is especially dangerous and hazardous to the workmen because of risks and hazards inherent in such occupations and which are unavoidable by the workmen therein.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-803 - Hazardous occupations

23-803.
Hazardous occupations
The following occupations are hazardous within the meaning of this article:
1. The operation of steam railroads,  electrical railroads,  street railroads by locomotives,  engines,  trains,  motors or cars of any kind propelled by steam,  electricity,  cable or other mechanical power,  including construction,  use or repair of machinery,  plants,  tracks,  switches,  bridges or roadbeds,  upon,  over and by which the railroad is operated.
2. All work when making,  using or necessitating dangerous proximity to gunpowder,  blasting powder,  dynamite,  compressed air or other explosive.
3. The erection or demolition of a bridge,  building or structure in which there is,  or in which the plans and specifications require,  iron or steel frame work.
4. The operation of elevators,  elevating machines,  derricks or hoisting apparatus used within or on the outside of a bridge,  building or other structure for conveying materials in connection with the erection or demolition of the bridge,  building or structure.
5. All work on ladders or scaffolds of any kind elevated twenty feet or more above the ground or floor beneath used in the erection,  construction,  repair,  painting or alteration of a building,  bridge,  structure or other work in which a ladder or scaffold is used.
6. All work of construction,  operation,  alteration or repair where wires,  cables,  switchboards or other apparatus or machinery are in use which are charged with electrical current.
7. All work in the construction,  alteration or repair of pole lines for telegraph,  telephone or other purposes.
8. All work in or about quarries,  open pits,  open cuts,  mines,  ore reduction works and smelters.
9. All work in the construction and repair of tunnels,  subways and viaducts.
10. All work in mills,  shops,  works,  yards,  plants and factories where steam,  electricity or any other mechanical power is used to operate machinery and appliances in and about the premises.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-805 - Right of action for damages; two-year limitation

23-805.
Right of action for damages;  two-year limitation
A. When in the course of work in any of the employments or occupations enumerated in section 23-803,  personal injury or death by an accident arising out of and in the course of such labor,  service and employment,  and due to a condition or conditions of such occupation or employment,  is caused to or suffered by a workman engaged therein,  in all cases in which the injury or death of the employee is not caused by the negligence of the employee killed or injured,  the employer is liable in damages to the employee injured or,  in case death ensues,  to the personal representative of the deceased for the benefit of the surviving widow or husband and children of the employee or,  if none,  then to the employee's parents or,  if none,  then to the next of kin dependent upon the employee or,  if none,  then to his personal representative for the benefit of the estate of the deceased.
B. The action shall not be maintained unless commenced within two years from the day the claim or cause of action accrued.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-806 - Contributory negligence or assumption of risk as question of fact; effect of comparative negligence on damages

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.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-807 - Agreement exempting employer from liability void; setoffs by employer

23-807.
Agreement exempting employer from liability void;  setoffs by employer
A. Any contract,  rule,  regulation or device whatever,  the purpose or intent of which is to enable an employer to exempt himself from any liability created by this article,  is to that extent void.
B. In an action brought under this article the employer may set off any amount he has contributed or paid for any insurance,  relief,  benefit or indemnity,  or has paid to the injured employee or his personal representative on account of the injury or death for which the action is brought.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-808 - Limitation on attorney's fee; violation; classification

23-808.
Limitation on attorney's fee;  violation;  classification
A. In an action to recover damages for death or injury of an employee under any law of the state when the death or injury was sustained by the employee in the course of one of the occupations declared hazardous by this article,  it is unlawful for an attorney to knowingly receive or agree to receive a fee or compensation for services as attorney exceeding twenty-five per cent of the amount recovered and collected exclusive of costs. Any contract,  agreement or device in violation of this section is void.
B. An attorney at law violating the provisions of this section forfeits all right to any fee or compensation in the action,  is guilty of a class 2 misdemeanor and is subject to disbarment.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-901.01 - Occupational disease; proximate causation; definition

23-901.01.
Occupational disease;  proximate causation;  definition
A. The occupational diseases as defined by section 23-901,  paragraph 13,  subdivision (c) shall be deemed to arise out of the employment only if all of the following six requirements exist:
1. There is a direct causal connection between the conditions under which the work is performed and the occupational disease.
2. The disease can be seen to have followed as a natural incident of the work as a result of the exposure occasioned by the nature of the employment.
3. The disease can be fairly traced to the employment as the proximate cause.
4. The disease does not come from a hazard to which workers would have been equally exposed outside of the employment.
5. The disease is incidental to the character of the business and not independent of the relation of employer and employee.
6. The disease after its contraction appears to have had its origin in a risk connected with the employment,  and to have flowed from that source as a natural consequence,  although it need not have been foreseen or expected.
B. Notwithstanding subsection A of this section and section 23-1043.01,  any disease,  infirmity or impairment of a peace officer'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.
C. The presumption provided in subsection B of this section is granted if all of the following apply:
1. The peace officer passed a physical examination before employment and the examination did not indicate evidence of cancer.
2. The peace officer was assigned to hazardous duty for at least five years.
D. Subsection B of this section applies to both of the following:
1. Peace officers currently in service.
2. Former peace officers who are sixty-five years of age or younger and who are diagnosed with a cancer that is listed in subsection B of this section not more than fifteen years after the peace officer's last date of employment as a peace officer.
E. Subsection B of this section does not apply to cancers of the respiratory tract if there is evidence that the peace officer's exposure to cigarettes or tobacco products outside of the scope of the peace officer's official duties is a substantial contributing cause in the development of the cancer.
F. The presumption provided in subsection B 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.
G. For the purposes of this section,  " peace officer"  means a full-time peace officer who was regularly assigned to hazardous duty as a part of a special operations,  special weapons and tactics,  explosive ordinance disposal or hazardous materials response unit.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-901.02 - Liability of last employer; exception

23-901.02.
Liability of last employer;  exception
Where compensation is payable for an occupational disease the only employer liable shall be the employer in whose employment the employee was last injuriously exposed to the hazards of such disease but in the case of silicosis or asbestosis the only employer liable shall be the employer in whose employment the employee was last exposed to harmful quantities of silicon dioxide (SiO2) dust during a period of two years or more.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-901.04 - Compensation precluded by misconduct, self-exposure or disobedience of orders of commission; definition

23-901.04.
Compensation precluded by misconduct,  self-exposure or disobedience of orders of commission;  definition
A. Notwithstanding any other provision of this chapter,  no employee or dependent of an employee shall be entitled to receive compensation for disability from an occupational disease,  as defined by section 23-901,  paragraph 13,  subdivision (c),  when such disability was caused either wholly or partly by the wilful misconduct,  wilful self-exposure or disobedience to such reasonable rules and regulations adopted by the employer and which have been and are kept posted in conspicuous places in and about the premises of the employer,  or otherwise brought to the attention of the employee.
B. As used in this section the term " wilful self-exposure"  includes:
1. Failure or omission on the part of an employee or applicant for employment truthfully to state in writing to the best of his knowledge in answer to an inquiry made by the employer,  the place,  duration and nature of previous employment.
2. Failure or omission on the part of an applicant for employment truthfully to state in writing to the best of his knowledge in answer to an inquiry made by the employer,  whether or not he had previously been a person with a disability,  laid off or compensated in damages or otherwise because of any physical disability.
3. Failure or omission on the part of an employee or applicant for employment truthfully to give in writing to the best of his knowledge in answer to an inquiry made by the employer,  full information about the previous status of his health,  previous medical and hospital attention and direct and continuous exposure to active pulmonary tuberculosis.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-901.05 - Occupational disease aggravated by other disease or other disease aggravated by occupational disease; effect on compensation

23-901.05.
Occupational disease aggravated by other disease or other disease aggravated by occupational disease;  effect on compensation
Where an occupational disease,  as defined by section 23-901,  paragraph 13,  subdivision (c),  is aggravated by any other disease or infirmity not itself compensable,  or where disability or death from any other cause not itself compensable is aggravated,  prolonged,  accelerated or in anywise contributed to by an occupational disease,  the compensation payable under this chapter shall be reduced and limited to such proportion only of the compensation that would be payable if the occupational disease were the sole cause of the disability or death,  as such occupational disease as a causative factor bears to all the causes of such disability or death.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-901.06 - Volunteer workers

23-901.06.
Volunteer workers
In addition to persons defined as employees under section 23-901,  volunteer workers of a county,  city,  town,  or other political subdivision of the state may be deemed to be employees and entitled to the benefits provided by this chapter upon the passage of a resolution or ordinance by the political subdivision defining the nature and type of volunteer work and workers to be entitled to such benefits. The basis for computing compensation benefits and premium payments shall be four hundred dollars per month.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-901.07 - Persons with disabilities in vocational training; definition

23-901.07.
Persons with disabilities in vocational training;  definition
A. Notwithstanding section 23-901,  a qualified client of a nonprofit organization which provides vocational training to persons with disabilities is an employee of the nonprofit organization for the purposes of this chapter if the nonprofit organization elects to have the qualified client treated as an employee.
B. For the purposes of this section,  " qualified client"  means a person with a disability who is enrolled in a vocational training program with a nonprofit organization,  who works as part of this program for the nonprofit organization or for another person under a contract with the nonprofit corporation and who receives compensation for the work from the nonprofit organization.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-901.08 - Professional employer organizations

23-901.08.
Professional employer organizations
A. A person engaged in the business of providing professional employer services is subject to this chapter regardless of whether the person uses the term professional employer organization,  PEO,  staff leasing company,  registered staff leasing company,  employee leasing company or any other name.
B. As long as the professional employer organization's professional employer agreement with a client remains in force,  the professional employer organization shall be regarded as a co-employer of the employee.
C. The professional employer organization and its client shall be considered the employer for the purpose of coverage under this chapter and both the professional employer organization and its client shall be entitled to protection of the exclusive remedy set forth in section 23-1022. Both the professional employer organization and its client shall comply with sections 23-906 and 23-964.
D. When a professional employer organization enters into a professional employer agreement with a client in this state,  the professional employer organization shall notify its workers' compensation insurance carrier and the commission. The notification shall be on a form approved by the commission and shall include the following information:
1. The name and business address of the client employer.
2. Whether all or a majority of the client employer's workforce is covered by the professional employer agreement.
3. Unless all of the client employer's workforce is covered by the professional employer agreement,  the name of the client employer's workers' compensation insurance carrier that is insuring the client employer's obligation to secure compensation under section 23-961 for any employees who are not covered by the professional employer agreement. The professional employer organization shall also notify each client,  in writing,  of the client's obligation under section 23-961 to secure workers' compensation for any employees who are not covered by the professional employer agreement,  even if such employees are hired after the execution of the professional employer agreement.
E. If a professional employer agreement is terminated,  the professional employer organization shall immediately notify its workers' compensation insurance carrier and the commission,  in writing,  of the name of the client and the date of termination of the agreement.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-903 - Application of chapter to persons engaged in interstate commerce; limitation

23-903.
Application of chapter to persons engaged in interstate commerce;  limitation
The provisions of this chapter shall apply to employers and their employees engaged in intrastate and also in interstate and foreign commerce for whom a rule of liability or method of compensation has been or may be established by the United States only to the extent that their mutual connection with intrastate work is clearly separate and distinguishable from interstate or foreign commerce.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-905 - Minor employees; limitation on payment of lump sum award; additional compensation

23-905.
Minor employees;  limitation on payment of lump sum award;  additional compensation
A. A minor working at an age and at an occupation legally permitted shall be deemed of the age of majority for the purposes of this chapter,  and no other person shall have any claim or right to compensation for an injury to such minor employee,  but an award of a lump sum of compensation to the minor employee shall be paid only to his legally appointed guardian.
B. An injured minor who is working at an age and at an occupation which is not legally permitted is entitled to additional compensation in an amount equal to fifty per cent of the compensation the injured minor would otherwise receive pursuant to this chapter. If an insurance carrier is required to pay additional compensation pursuant to this subsection,  the insurance carrier shall be subrogated and entitled to recover any such amounts paid from the employer.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-909 - Motion picture exemption

23-909.
Motion picture exemption
A. The provisions of this chapter shall not apply to employers and their employees engaged in any phase of the motion picture business that meet all of the following requirements:
1. The motion picture company engaging in such work is temporarily within the state for a period not to exceed eight months.
2. Such motion picture company is otherwise insured by a recognized insurance company where the premiums and benefits under such other insurance are at least equal to those provided in the workers' compensation laws in the state in which such company is incorporated,  or if not incorporated,  has its principal offices.
B. All Arizona residents employed by any company fulfilling the exemption requirements of this section shall execute a form rejecting the provisions of the compulsory compensation law of the state of Arizona and accepting the insurance coverage provided in this section. The form shall be in writing,  signed and dated by the employee and given to his employer in duplicate in substantially the following form: " TO (name of employer): You are hereby notified that the undersigned elects to reject the terms,  conditions and provisions of the law for the payment of compensation,  as provided by the compulsory compensation law of the state of Arizona,  and acts amendatory thereto. The undersigned elects to come under the policy of insurance in __________________ insurance company secured by you and which carries similar premiums and benefits as provided under the compensation laws of the state of ________________________."
C. The provisions of section 23-906 shall apply to the insurance provided by the employer in this section,  and shall be construed so that any reference to compulsory compensation of Arizona in such section is interpreted to include the insurance provided under this section. An election to come under the provisions of the insurance in this section shall not render the employer liable for damages of common law.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-910 - Exemption for licensees

23-910.
Exemption for licensees
The provisions of this chapter do not apply to a person who performs the services of a licensee as defined in section 32-2101 under the following conditions:
1. Substantially all of the remunerations whether or not paid in cash for services performed by an individual as a real estate licensee are directly related to sales or other output including the performance of services rather than the number of hours worked.
2. The services performed by the licensee are performed pursuant to a written contract between the licensee and the person for whom the services are performed and such contract provides that the licensee will not be treated as an employee with respect to such services for federal tax purposes and for the purposes of this chapter.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-921 - Administration of chapter

23-921.
Administration of chapter
A. The industrial commission of Arizona is charged with the duties of the administration of this chapter,  and with the adjudication of claims for compensation arising out of provisions of this chapter and any of its members or assistants so authorized may:
1. Hold hearings at any place within the state or without the state by agreement of the parties.
2. Administer oaths.
3. Issue and serve by the commission's representatives,  or by any sheriff,  subpoenas for the attendance of witnesses and claimants and the production of reports,  papers,  contracts,  books,  accounts,  documents and testimony. The commission may require the attendance and testimony of employers,  their officers and representatives before any proceeding of the commission,  and the production by employees of books,  records,  papers and documents.
4. Generally provide for the taking of testimony and for the recording of proceedings held in accordance with this chapter.
B. The commission may make and declare all rules and regulations which are reasonably required in the performance of its duties,  including but not limited to rules of practice and procedure in connection with hearing and review proceedings. Such rules and regulations may provide for informal prehearing conferences in order to expedite claim adjudication,  amicably dispose of controversies,  narrow issues and simplify the method of proof at hearings.
C. The commission may incur such expenses as it determines are reasonably necessary to perform its authorized functions,  which expenses shall be a charge against the administrative fund.
D. The commission may charge any person with contempt who refuses to comply with any order of the commission,  upon application to the superior court. Any person held in contempt may be punished by a fine of not to exceed one thousand dollars.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-926 - Inspection of employer records; noncompliance by employer; penalty

23-926.
Inspection of employer records;  noncompliance by employer;  penalty
A. All books,  records and payrolls of the employer,  including nonconfidential employer records on file with other state or local governmental agencies,  showing or reflecting in any way the wage expenditure of the employer shall always be open for inspection by the commission or its assistants to ascertain information necessary for its administration of the law.
B. An employer who refuses to submit his books,  records and payrolls for inspection as provided by this section is liable for a penalty of five hundred dollars for each offense which shall be collected by a civil action in the name of the state,  and the recovery shall be paid to the state general fund. The commission may recover reasonable attorney fees incurred pursuant to this section.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-928 - Investigation by agents

23-928.
Investigation by agents
A. For the purpose of making an investigation with regard to any employment or place of employment,  the commission may appoint,  by an order in writing,  a member of the commission or any other competent person who is a resident of the state,  an agent whose duties shall be prescribed in the order.
B. In the discharge of his duties,  the agent shall have the inquisitorial powers granted by this chapter to the commission and the same powers with regard to taking testimony as a referee or master appointed by a superior court. The recommendation made by such agent shall be advisory only and shall not preclude taking further evidence or making further investigations.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-929 - Enforcement of chapter

23-929.
Enforcement of chapter
Upon request of the commission the attorney general,  or under his direction the county attorney of the proper county,  shall institute and prosecute the necessary actions or proceedings for the enforcement of the provisions of this chapter,  or for any penalty provided for in this chapter,  and shall prosecute or defend all actions or proceedings brought by or against the commission,  or the members thereof in their official capacity. The commission may compromise any action.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-930 - Unfair claim processing practices; bad faith; civil penalties

23-930.
Unfair claim processing practices;  bad faith;  civil penalties
A. The commission has exclusive jurisdiction as prescribed in this section over complaints involving alleged unfair claim processing practices or bad faith by an employer,  self-insured employer,  insurance carrier or claims processing representative relating to any aspect of this chapter. The commission shall investigate allegations of unfair claim processing or bad faith either on receiving a complaint or on its own motion.
B. If the commission finds that unfair claim processing or bad faith has occurred in the handling of a particular claim,  it shall award the claimant,  in addition to any benefits it finds are due and owing,  a benefit penalty of twenty-five percent of the benefit amount ordered to be paid or $500,  whichever is more.
C. If the commission finds that an employer,  self-insured employer,  insurance carrier or claim processing representative has a history or pattern of repeated unfair claim processing practices or bad faith,  it may impose a civil penalty of up to $1, 000 for each violation found. The civil penalty shall be deposited,  pursuant to sections 35-146 and 35-147,  in the state general fund.
D. Any party aggrieved by an order of the commission under this section may request a hearing pursuant to section 23-947. The hearing and decision shall be conducted pursuant to section 23-941.
E. The commission shall adopt by rule a definition of unfair claim processing practices and bad faith. In adopting a rule under this subsection,  the commission shall consider,  among other factors,  recognized and approved claim processing practices within the insurance industry,  the commission's own experience in processing workers' compensation claims and the workers' compensation and insurance laws of this state.
F. This section does not limit or interfere with the authority of the department of insurance and financial institutions as provided by law to regulate any insurance carriers,  including the jurisdiction of the department of insurance and financial institutions over unfair claim settlement practices as provided in section 20-461.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-932 - Violations; classification

23-932.
Violations;  classification
A person who violates any provision of this chapter,  commits any act therein prohibited,  knowingly fails or refuses to perform any duty thereby imposed within the time prescribed by law or by the commission,  or knowingly fails or refuses to obey an order of the commission or a judgment of a court made and entered under the provisions of this chapter,  for which no penalty or punishment is otherwise specifically provided,  is guilty of a class 6 felony.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-934 - Fraud; investigations; rules

23-934.
Fraud;  investigations;  rules
A. The commission shall establish a fraud unit for the purpose of investigating fraudulent activities,  statements or representations made in connection with workers' compensation claims. The fraud unit may investigate allegations of fraud either on receiving a complaint or on the fraud unit's own motion. Any allegation involving unfair claim processing practices or bad faith by an employer,  self-insured employer,  insurance carrier or claims processing representative shall be addressed pursuant to section 23-930.
B. The commission shall adopt rules to establish a process for receiving fraud complaints and conducting fraud investigations pursuant to this section. The rules shall establish:
1. A process by which the fraud unit verifies claimant annual earnings reported pursuant to section 23-1047 with the department of economic security unemployment insurance information for the purpose of investigating workers' compensation fraud.
2. A process of timeliness for receiving and processing fraud complaints.
3. Criteria for determining which allegations of fraud warrant investigation.
4. Duties and authorities of fraud investigators,  including issuing and serving subpoenas for witnesses and documentary evidence,  taking depositions,  administering oaths and examining witnesses under oath relevant to the fraud investigation.
C. If,  on investigation,  the fraud unit is satisfied that fraudulent activities,  statements or representations were made in connection with a workers' compensation benefits or payments claim for the purpose of obtaining compensation benefits or payments,  the fraud unit may report violations of law to the claimant or claimant's representative,  to the reporting employer,  self-insured employer or insurance carrier,  to the appropriate licensing agency as defined in section 20-466.04,  and to the appropriate county attorney or the attorney general for prosecution.
D. This section does not limit any of the following:
1. The authority of the commission,  the department of insurance and financial institutions or any other entity to pursue any remedy pursuant to section 23-970 or 23-1028.
2. The obligation of an insurer to report a fraud claim pursuant to section 20-466,  subsection G.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-941.02 - Vexatious litigants; designation; definitions

23-941.02.
Vexatious litigants;  designation;  definitions
A. In a workers' compensation case before the commission,  on the motion of a party,  the chief administrative law judge or an administrative law judge designated by the chief administrative law judge may designate a pro se litigant a vexatious litigant. The pro se litigant shall respond within thirty days after the motion. The chief administrative law judge,  or administrative law judge if designated by the chief administrative law judge,  shall issue an order within thirty days after the pro se litigant's response is received or the time for response has elapsed. The vexatious litigant designation applies only to the claim at issue before the administrative law judge.
B. A pro se litigant who is designated a vexatious litigant may not file a new request for hearing,  pleading,  motion or other document without prior leave of the administrative law judge.
C. A pro se litigant is a vexatious litigant if the commission finds the pro se litigant engaged in vexatious conduct. A designation of vexatious litigant is suspended during the period in which the litigant is represented by legal counsel.
D. For the purposes of this section:
1. " Vexatious conduct"  includes any of the following:
(a) Repeated filing of requests for hearing,  pleadings,  motions or other documents solely or primarily for the purpose of harassment.
(b) Unreasonably expanding or delaying commission proceedings.
(c) Bringing or defending claims without substantial justification.
(d) Engaging in abuse of discovery or conduct in discovery that has resulted in the imposition of sanctions against the pro se litigant.
(e) A pattern of making unreasonable,  repetitive and excessive requests for information.
(f) Repeated filing of documents or requests for relief that have been the subject of previous rulings by the commission in the same claim.
2. " Without substantial justification"  has the same meaning prescribed in section 12-349.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-941.03 - Settlement of claims; supportive medical maintenance benefits; definition

23-941.03.
Settlement of claims;  supportive medical maintenance benefits;  definition
A. Any final settlement agreement involving undisputed entitlement to supportive medical maintenance benefits is not valid and enforceable until the final settlement agreement is approved by the commission.
B. The commission may approve a final settlement agreement involving undisputed entitlement to supportive medical maintenance benefits if the requirements of this section are satisfied.
C. Subject to the following requirements,  the interested parties to a claim may enter into a final settlement and release of a claim for undisputed entitlement to supportive medical maintenance benefits after the period of temporary disability is terminated by a final notice of claim status or award of the commission. The carrier,  special fund or self-insured employer shall submit a summary of all reasonably anticipated future supportive medical maintenance benefits and the projected cost of the benefits for review by the employee. The summary shall also be included with the final settlement agreement filed with the commission. All medical conditions subject to the final settlement agreement must be described in the final settlement agreement. The final settlement provisions defined in this subsection shall apply only to future supportive medical maintenance benefits for the described condition.
D. The carrier,  special fund or self-insured employer shall inform the attending physician of the approval of a final settlement agreement. Unless supportive medical maintenance benefits rendered before the date of the final settlement are subject to a dispute or payment for the treatment was included in the final settlement agreement,  the carrier,  special fund or self-insured employer shall remain responsible for payment for the treatment not covered by the final settlement agreement as provided by this chapter.
E. This section does not prohibit a settlement that does not constitute a final settlement.
F. For the purposes of this section,  " final settlement"  means a settlement in which the injured worker waives any future entitlement to supportive medical maintenance benefits for known conditions described in the agreement.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-942 - Awards of administrative law judge; contents; disposition and effect

23-942.
Awards of administrative law judge;  contents;  disposition and effect
A. On the conclusion of any hearing,  or prior thereto with concurrence of the parties,  the administrative law judge promptly,  and not later than thirty days after the matter is submitted for decision,  shall determine the matter and make an award in accordance with the administrative law judge's determination.
B. In the event of the demise,  resignation,  retirement,  termination of employment,  or other incapacitation of the presiding administrative law judge,  the award shall be determined by the chief administrative law judge or the chief administrative law judge's appointee.
C. The award shall become a part of the commission file. A copy of the award shall be served on all parties in interest.
D. The award is final when entered unless within thirty days after the date on which a copy of the award is served to the parties,  one of the parties files a request for review under section 23-943. The award shall contain a statement explaining the rights of the parties under section 23-943.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-943 - Decision on review

23-943.
Decision on review
A. The request for review of an administrative law judge award need only state that the party requests a review of the award. The request may be accompanied by a memorandum of points and authorities,  in which event any other interested party shall have fifteen days after 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 administrative law judge division and copies of the request shall be served on all other parties to the proceeding.
C. If 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 commission.
D. Notice of the review shall be served on the parties.
E. The review shall be made by the presiding administrative law judge and shall be based on the record and the memoranda submitted under the provisions of subsection A of this section.
F. The presiding administrative law judge may affirm,  reverse,  rescind,  modify or supplement the award and make such disposition of the case as is determined to be appropriate. A decision on review shall be made within sixty days after the review has been requested,  with preference being given to those cases not receiving compensation.
G. The decision on review shall become a part of the commission file and a copy thereof shall be served on the parties.
H. The decision on review shall be final unless within thirty days after the date of service of such decision to the parties,  one of the parties applies to the court of appeals for a writ of certiorari pursuant to section 23-951. The decision shall contain a statement explaining the rights of the parties under this section and section 23-951.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-944 - Effective date of orders; time for compliance; effect of orders

23-944.
Effective date of orders;  time for compliance;  effect of orders
A. General orders of the commission shall take effect within thirty days after publication. Special orders shall take effect as therein directed.
B. The commission shall,  upon application of any employer,  grant such time as reasonably necessary for compliance with an order. A person may petition the commission for an extension of time to comply with an order,  which the commission shall grant if it finds the extension necessary.
C. All orders of the commission in conformity with law shall be valid and in force and prima facie reasonable and lawful until found otherwise in an action brought for that purpose pursuant to the provisions of this chapter or until altered or revoked by the commission.
D. A substantial compliance with the requirements of this chapter shall be sufficient to give effect to the orders of the commission,  and they shall not be declared inoperative,  illegal or void for an omission of a technical nature.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-945 - Petition for hearing on validity of order; procedure; substitution of order

23-945.
Petition for hearing on validity of order;  procedure;  substitution of order
A. Any employer or other person interested in or affected by an order of the commission may petition for a hearing on the reasonableness and lawfulness of such order by a verified petition filed with the commission. The petition shall set forth specifically and in detail the order upon which a hearing is desired,  the reasons why the order is unreasonable or unlawful and the issue to be considered by the commission on the hearing. Objections other than those set forth in the petition are deemed finally waived.
B. Upon receipt of the petition,  if the issue raised in the petition has theretofore been adequately considered,  the commission shall confirm,  without hearing,  its previous determination. If a hearing is necessary to determine the issue raised,  the commission shall order a hearing thereon at such time as it prescribes. Notice of the time and place of hearing shall be given the petitioner and such other persons as the commission finds directly interested in the decision.
C. Upon the hearing,  if it is found that the order complained of is unlawful or unreasonable,  the commission shall substitute therefor a reasonable and lawful order,  and may grant further time reasonably necessary for compliance with its order.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-946 - Action asserting invalidity of order; limitation; venue and procedure

23-946.
Action asserting invalidity of order;  limitation;  venue and procedure
A. Any person in interest dissatisfied with an order of the commission may within thirty days commence an action in the superior court of the county where the property,  plant or place of employment affected by the order is located against the commission as defendant to set aside,  vacate or amend the order,  on the ground that the order is unreasonable or unlawful,  and the superior court shall have exclusive jurisdiction thereof. The commission shall be served with summons as in civil actions.
B. The answer of the commission shall be filed within twenty days after service of summons upon it. The commission shall file with the answer a certified transcript of its record in the matter,  whereupon the action shall be at issue and shall be advanced for trial by the court upon application of either party to the earliest possible date.
C. No action or proceeding to set aside,  amend or enjoin enforcement of an order of the commission shall be brought unless the petitioner has applied to the commission for a hearing thereon as provided by section 23-945 and in such petition has raised every issue in the action.