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2023 Arizona Revised Statutes › Title 23 - Labor › § 23-491.02 - Owner's and operator's duty

23-491.02.
Owner's and operator's duty
Every owner and operator of a conveyance shall:
1. Construct,  furnish,  maintain and provide safe and adequate devices with which to safely and properly convey or move all persons and material utilizing the services offered by the owner or operator of such device.
2. Comply with all standards and regulations issued pursuant to this article.
3. Ensure that a conveyance is inspected at all of the following times:
(a) Before placing a conveyance in operation after the initial installation of the conveyance.
(b) After modification or alteration of a conveyance.
(c) After the inspection pursuant to subdivision (a),  annually or as otherwise directed by the commission.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-491.04 - Commission powers and duties

23-491.04.
Commission powers and duties
A. The commission shall:
1. Administer this article through the division of occupational safety and health.
2. Promulgate standards and regulations pursuant to section 23-491.06 as required and promulgate such other rules and regulations and exercise such other powers as are necessary to carry out this article.
B. The commission,  by rule and regulation,  may set fees not to exceed the actual cost for inspections performed pursuant to this article.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-491.05 - Division powers

23-491.05.
Division powers
The division may:
1. Inspect conveyances when deemed necessary or appropriate by the division.
2. Recommend to the commission for approval or disapproval standards and regulations and amendments to such standards and regulations.
3. Enforce,  pursuant to section 23-491.09,  all standards and regulations promulgated by the commission.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-491.06 - Development of standards and regulations

23-491.06.
Development of standards and regulations
A. Safety standards and regulations shall be formulated in the following manner:
1. The division shall either propose adoption of national consensus standards or federal standards or draft such regulations as it considers necessary after conducting sufficient investigations through the division's employees and through consultation with other persons knowledgeable in the business for which the standards or regulations are being formulated.
2. Proposed standards or regulations,  or both,  shall be submitted to the commission for approval.
B. Any person who may be adversely affected by a standard or regulation issued under this article may,  at any time within sixty days after such standard or regulation is promulgated by the commission,  file a complaint challenging the validity of such standard or regulation with the superior court in the county in which the person resides or has the person's principal place of business,  for a judicial review of such standard or regulation. The filing of a complaint shall not,  unless otherwise ordered by the court,  operate as a stay of the standard or regulation. The determinations of the commission shall be conclusive if supported by substantial evidence in the record considered as a whole.
C. In case of conflict between standards and regulations,  the regulations shall take precedence.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-491.08 - Notice requesting investigation; confidentiality; determination of grounds

23-491.08.
Notice requesting investigation;  confidentiality;  determination of grounds
A. Any person may make a request for an investigation by the division into alleged violations of section 23-491.02 by giving notice to the director or the director's authorized representative of such violation or danger. Such notice shall be in writing,  shall set forth with reasonable particularity the grounds for the notice and shall be signed by the person making the request. Upon the request of the person signing the notice,  such person's name shall not appear on any copy of such notice or any record published,  released or made available.
B. If upon receipt of such notification the director determines that there are reasonable grounds to believe that such violation or danger exists,  the director shall make an investigation in accordance with the provisions of this article as soon as practicable to determine if such violation or danger exists. If the director determines there are no reasonable grounds to believe that a violation or danger exists,  the director shall notify the requesting party in writing of such a determination.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-491.09 - Enforcement

23-491.09.
Enforcement
A. If the division,  following an inspection or investigation,  determines that there is reasonable cause to believe that there is a violation of a standard or regulation,  the division shall issue a correction order directing any repairs,  improvements,  changes or additions necessary to eliminate the hazard. Each correction order shall be in writing,  delivered either by mail or in person and shall contain the following:
1. A particular description of the nature of the violation,  including a reference to the provision of this article or of any standard or regulation alleged to have been violated.
2. A reasonable time for the abatement of the violation.
B. No correction order may be issued after the expiration of a period of six months from the date of the inspection or investigation which produced evidence of the violation.
C. If in the opinion of the director or the director's authorized representative the continued operation of the defective device constitutes an immediate danger to the safety of the persons operating or being conveyed by such device,  the director or the director's authorized representative may condemn such device and require it to be returned to a condition allowing safe operation before its use is resumed.
D. Upon failure of an owner or operator to comply with either the requirements of a correction order issued pursuant to subsection A or condemnation pursuant to this subsection,  the commission may file an action in the superior court of the county where the violation occurred to enjoin the owner or operator from engaging in further acts in violation of the requirements of the correction order or the condemnation. Any person found to be in contempt of an injunctive order of the court shall be fined not less than fifty nor more than three hundred dollars with each day of violation constituting a separate contempt.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-491.11 - Decisions of administrative law judge; contents; disposition and effect

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.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-491.12 - Decision upon review

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.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-491.13 - Effective date of orders; time for compliance; effect of orders

23-491.13.
Effective date of orders;  time for compliance;  effect of orders
A. The commission shall,  upon application of any owner or operator,  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.
B. 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 such purpose pursuant to the provisions of this article or until altered or revoked by the commission.
C. A substantial compliance with the requirements of this article 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 › § 23-491.14 - Petition for special action to review lawfulness of decision, order or decision upon review; procedure

23-491.14.
Petition for special action to review lawfulness of decision,  order or decision upon review;  procedure
A. Any party affected by a decision of the commission or by a decision upon review pursuant to section 23-491.12 may apply to the court of appeals by a petition for special action to review the lawfulness of the decision,  order or decision upon review.
B. The petition for special action provided by subsection A of this section and by section 23-491.12 shall be made returnable within ten days and shall direct the commission to certify its record,  proceedings and evidence to the court of appeals. The court of appeals may quash or dismiss the petition for special action upon the grounds of dismissal applicable to civil appeals. The review shall be limited to determining whether or not the commission acted without or in excess of its power and,  if findings of fact were made,  whether or not such findings of fact support the order or decision. If necessary,  the court may review the evidence.
C. Each party to the proceedings before the commission may appear in the court of appeals.
D. The court of appeals shall enter judgment either affirming or setting aside the order or decision.
E. The rules of civil procedure relating to special actions shall apply so far as applicable and not in conflict with this article.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-491.15 - Nonimpairment of other agencies

23-491.15.
Nonimpairment of other agencies
Nothing contained in this article shall in any way impair the authority or responsibility of political subdivisions of this state with regard to the local enforcement or licensing,  safety or police regulation authorized by local ordinance or state statute if,  upon determination by the commission,  the standards employed by such political subdivision are found to be at least equal to those promulgated by the commission.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-493.01 - Collection of samples

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.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-493.02 - Scheduling of tests

23-493.02.
Scheduling of tests
Regarding the timing and cost of drug tests and alcohol impairment tests,  and in order for an employer to qualify for the benefits of this article:
1. Any drug testing or alcohol impairment testing by an employer of employees normally shall occur during,  or immediately before or after,  a regular work period. The testing by an employer shall be deemed work time for the purposes of compensation and benefits for current employees.
2. An employer shall pay all actual costs for drug testing and alcohol impairment testing required of employees by the employer. An employer may,  at its discretion,  pay the costs for drug testing of prospective employees.
3. An employer shall pay reasonable transportation costs to current employees if their required tests are conducted at a location other than the employee's normal work site.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-493.03 - Testing procedures

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.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-493.04 - Testing policy requirements

23-493.04.
Testing policy requirements
A. Testing or retesting for the presence of drugs or alcohol by an employer shall be carried out within the terms of a written policy that has been distributed to every employee subject to testing or that has been made available to employees in the same manner as the employer informs its employees of other personnel practices,  including inclusion in a personnel handbook or manual or posting in a place accessible to employees. The employer shall inform prospective employees that they must undergo drug testing. The written policy shall include at least the following:
1. A statement of the employer's policy respecting drug and alcohol use by employees.
2. A description of those employees or prospective employees who are subject to testing.
3. The circumstances under which testing may be required.
4. The substances as to which testing may be required.
5. A description of the testing methods and collection procedures to be used.
6. The consequences of a refusal to participate in the testing.
7. Any adverse personnel action that may be taken based on the testing procedure or results.
8. The right of an employee,  on request,  to obtain the written test results.
9. The right of an employee,  on request,  to explain in a confidential setting,  a positive test result.
10. A statement of the employer's policy regarding the confidentiality of the test results.
B. Within the terms of the written policy,  an employer may require the collection and testing of samples for any job-related purposes consistent with business necessity including:
1. Investigation of possible individual employee impairment.
2. Investigation of accidents in the workplace. Employees may be required to undergo drug testing or alcohol impairment testing for accidents if the test is taken as soon as practicable after an accident and the test is administered to employees who the employer reasonably believes may have contributed to the accident.
3. Maintenance of safety for employees,  customers,  clients or the public at large.
4. Maintenance of productivity,  quality of products or services or security of property or information.
5. Reasonable suspicion that an employee may be affected by the use of drugs or alcohol and that the use may adversely affect the job performance or the work environment.
C. In addition to the provisions of subsection B,  employees or groups of employees may be required to undergo drug testing on a random or chance basis.
D. If an employer institutes a policy of drug testing or alcohol impairment testing under this article,  all compensated employees including officers,  directors and supervisors shall be uniformly included in the testing policy.
E. Nothing in this article shall be construed to encourage,  discourage,  restrict,  limit,  prohibit or require on-site drug testing or alcohol impairment testing.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-493.05 - Disciplinary procedures

23-493.05.
Disciplinary procedures
An employer may take adverse employment action based on a positive drug test or alcohol impairment test. On receipt of a positive drug test or alcohol impairment test result that indicates a violation of the employer's written policy,  on the refusal of an employee or prospective employee to provide a drug testing sample or on the refusal of an employee to provide an alcohol impairment testing sample,  an employer may use that test result or test refusal as a basis for disciplinary or rehabilitative actions that may include any of the following:
1. A requirement that the employee enroll in an employer provided or employer approved rehabilitation,  treatment or counseling program,  which may include additional drug testing and alcohol impairment testing,  participation in which may be a condition of continued employment and the costs of which may or may not be covered by the employer's health plan or policies.
2. Suspension of the employee,  with or without pay,  for a designated period of time.
3. Termination of employment.
4. In the case of drug testing,  refusal to hire a prospective employee.
5. Other adverse employment action.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-493.06 - Employer protection from litigation

23-493.06.
Employer protection from litigation
A. No cause of action is or may be established for any person against an employer who has established a policy and initiated a testing program in accordance with this article for any of the following:
1. Actions in good faith based on the results of a positive drug test or alcohol impairment test.
2. Failure to test for drugs or alcohol impairment or failure to test for a specific drug or any other controlled substance.
3. Failure to test or,  if tested,  failure to detect any specific drug or other substance,  any medical condition or any mental,  emotional or psychological disorder or condition.
4. Termination or suspension of any substance abuse prevention or testing program or policy.
5. Actions based on the employer's good faith belief that an employee used or possessed any drug while on the employer's premises or during the hours of employment.
6. Actions based on the employer's good faith belief that an employee had an impairment while working while on the employer's premises or during hours of employment.
7. Actions to exclude an employee from performing a safety-sensitive position,  including reassigning the employee to another position or placing an employee on paid or unpaid leave,  based on the employer's good faith belief that the employee is engaged in the current use of any drug,  whether legal,  prescribed by a physician or otherwise,  if the drug could cause an impairment or otherwise decrease or lessen the employee's job performance or ability to perform the employee's job duties. The belief regarding the effects of the drug may be based on information including results of a test for the use of alcohol or drugs,  warning labels or other printed materials that accompany instructions for use of the drug,  statements by the employee,  information from a physician or pharmacist,  information from reputable reference sources in print or on the internet or other information the employer in good faith believes to be reliable.
B. The actions of an employer protected by this section include implementing,  monitoring or measures to assess,  supervise or control the job performance of the employee,  reassignment of an employee to a different position or job duties or suspension or termination of employment.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-493.07 - Causes of action based on test results

23-493.07.
Causes of action based on test results
A. No cause of action is or may be established for any person against an employer who has established a program of drug testing or alcohol impairment testing in accordance with this article,  unless the employer's action was based on a false positive test result and the employer knew or clearly should have known that the result was in error and ignored the true test result because of reckless or malicious disregard for the truth or the wilful intent to deceive or be deceived.
B. In any claim,  including a claim under this article,  if it is alleged that an employer's action was based on a false positive test result:
1. There is a rebuttable presumption that the test result was valid if the employer complied with the provisions of this article.
2. The employer is not liable for monetary damages if its reliance on a false positive test result was reasonable and in good faith.
C. There is no employer liability for any action taken related to a false negative drug test or alcohol impairment test.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-493.08 - Limits to causes of action

23-493.08.
Limits to causes of action
A. No cause of action for defamation of character,  libel,  slander or damage to reputation is or may be established for any person against an employer who has established a program of drug testing or alcohol impairment testing in accordance with this article unless all of the following apply:
1. The results of that test were disclosed to a person other than the employer,  an authorized employee,  agent or representative of the employer,  the tested employee,  the tested prospective employee or any other person authorized or privileged by law to receive the information.
2. The information disclosed was a false positive test result.
3. The false positive test result was disclosed negligently.
4. All elements of an action for defamation of character,  libel,  slander or damage to reputation as established by law are satisfied.
B. No cause of action arises in favor of any person against an employer based on the failure of the employer to establish a program or policy on substance abuse prevention or to implement drug testing or alcohol impairment testing.
C. Compliance with this article by employers is voluntary and no cause of action arises as a result of having a drug testing and alcohol impairment testing policy that is not in compliance with this article.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-493.09 - Confidentiality of results; access to records

23-493.09.
Confidentiality of results;  access to records
A. All communications received by an employer relevant to drug test or alcohol impairment test results and received through the employer's testing program are confidential communications and may not be used or received in evidence,  obtained in discovery or disclosed in any public or private proceeding,  except in a proceeding related to an action taken by an employer or employee under this article or except disclosure to:
1. The tested employee or prospective employee or any other person designated in writing by that employee or prospective employee.
2. Individuals designated by the employer to receive and evaluate test results or hear the explanation of the employee or prospective employee.
3. An arbitrator or mediator,  or a court or governmental agency as authorized by state or federal law.
B. The tested employee has a right of access to the written test results that pertain to that individual,  subject to the maintenance of confidentiality for other individuals.
C. Except as otherwise permitted by law,  no sample taken for testing pursuant to this article shall be tested for any substance or condition except unlawful drugs or alcohol as defined in this article.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-493.10 - Construction; collective bargaining

23-493.10.
Construction;  collective bargaining
Nothing in this article shall be construed to infringe on,  contradict,  preempt or otherwise conflict with the valid provisions of any collective bargaining agreement or to otherwise abridge or infringe on the rights and responsibilities of all parties in the collective bargaining process to negotiate collective bargaining agreements. These contract provisions are fully valid and enforceable,  notwithstanding the provisions of this article. An employer who follows the provisions of a drug testing or alcohol impairment testing policy negotiated or bargained to impasse with the collective bargaining representative of its employees or consistent with the terms of a collective bargaining agreement,  shall receive the full benefits of this article,  even if that policy does not conform to all of the provisions of this article.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-493.11 - Effect of mandatory testing obligations

23-493.11.
Effect of mandatory testing obligations
An employer who is obligated by state or federal requirements to have a drug testing or alcohol impairment testing policy or program shall receive the full benefits of this article,  even if that policy or program does not conform to all of the provisions of this article,  provided the employer complies with the state or federal requirements applicable to the employer's operations.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-493.12 - Severability

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.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-494 - Noncompete clause prohibition; broadcast employees; definitions

23-494.
Noncompete clause prohibition;  broadcast employees;  definitions
A. As a condition of employment,  it is unlawful for a broadcast employer to require a current or prospective employee to agree to a noncompete clause.
B. For the purposes of this section:
1. " Broadcast employer"  means an employer that is a television station,  television network,  radio station or radio network.
2. " Noncompete clause"  means a clause in an employment contract with a broadcast employer that prohibits an employee from working in a specific geographic area for a specific period of time after leaving employment with the broadcast employer.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-495 - Definitions

23-495.
Definitions
In this article,  unless the context otherwise requires:
1. " DD-214"  means a United States department of defense report of separation form or its predecessor or successor forms.
2. " Private employer"  means a sole proprietor,  corporation,  partnership,  limited liability company or other entity with one or more employees. Private employer does not include this state,  a political subdivision of this state or a public institution of higher education.
3. " Veteran"  means a person who served on active duty in the United States armed forces and who was discharged or released under honorable conditions.
4. " Veterans' preference employment policy"  means a private employer's voluntary preference for hiring,  promoting or retaining a veteran over another qualified applicant or employee.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-495.01 - Voluntary veterans' performance employment policy; private employers; eligibility

23-495.01.
Voluntary veterans' performance employment policy;  private employers;  eligibility
A. A private employer may adopt a voluntary veterans' preference employment policy.
B. The veterans' preference employment policy shall be in writing and applied uniformly to employment decisions regarding hiring,  promotion or retention during a reduction in force.
C. A private employer with a veterans' preference employment policy may require that a veteran submit a DD-214 to be eligible for the preference.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-501 - Definitions

23-501.
Definitions
In this article,  unless the context otherwise requires:
1. " Department"  means the department of economic security.
2. " Director"  means the director of the department.
3. " Division"  means the department of economic security.
4. " Maintenance"  means money payments not to exceed the estimated cost of subsistence during vocational rehabilitation.
5. " Person with a disability"  means any individual who has a physical or mental disability and a substantial disadvantage to employment,  which is of such a nature that vocational rehabilitation services may reasonably be expected to render the person fit to engage in a gainful occupation,  including a gainful occupation which is more consistent with the person's capacities and abilities,  or for whom vocational rehabilitation services are necessary for the purpose of extended evaluation to determine rehabilitation potential.
6. " Physical restoration"  means medical,  surgical or therapeutic treatment necessary to correct or reduce the employment disadvantage of a person with a disability and includes medical,  psychiatric,  dental and surgical treatment,  nursing service,  hospital care not to exceed ninety days,  convalescent home care,  drugs,  medical and surgical supplies and prosthetic appliances and other related services as defined in the vocational rehabilitation act,  as amended.
7. " Prosthetic appliance"  means an artificial device necessary to support or take the place of a part of the body,  or to increase the acuity of a sense organ.
8. " Vocational rehabilitation"  or " vocational rehabilitation service"  means a service determined by the director to be necessary to enable a person with a disability to engage in a remunerative occupation and includes medical and vocational diagnosis,  vocational guidance,  counsel and placement,  rehabilitation,  training,  physical restoration,  transportation,  occupational licenses,  customary occupational tools and equipment,  maintenance and training books and materials,  follow up,  evaluation and work adjustment and other related services as defined in the vocational rehabilitation act,  as amended.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-503 - Duties and powers

23-503.
Duties and powers
The department shall cooperate in carrying out the purposes of federal statutes pertaining to vocational rehabilitation. The division may adopt methods of administration found by the federal government necessary for the proper and efficient operation of agreements relating to vocational rehabilitation,  and shall comply with conditions deemed necessary to secure the full benefits of such federal statutes. The division may:
1. Cooperate with other departments,  divisions,  agencies and institutions in providing for the vocational rehabilitation of persons with a disability and studying the problems involved therein,  and in establishing,  developing and providing programs,  facilities and services deemed necessary or desirable.
2. Enter into reciprocal agreements with other states to provide for vocational rehabilitation of residents of the states concerned.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-503.01 - Coordination of vocational rehabilitation services

23-503.01.
Coordination of vocational rehabilitation services
The department shall coordinate its provision of vocational rehabilitation services to persons with an intellectual disability with its provision of intellectual disability services to such persons,  including the areas of evaluation of applicants for either type of services and the development of program and rehabilitation plans for persons with an intellectual disability.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-504 - Merchandising businesses for the blind

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.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-506 - Eligibility for assistance

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.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-508 - Administrative funds

23-508.
Administrative funds
A. The state treasurer shall be the custodian of monies received from the federal government for the purpose of carrying out any federal law relating to vocational rehabilitation,  and shall disburse them and any state monies available for vocational rehabilitation purposes in the manner provided by law.
B. The legislature shall annually appropriate to the department from the general fund such funds as may be necessary to carry out the purposes of this article.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-551 - Definitions

23-551.
Definitions
In this article,  unless the context otherwise requires:
1. " Day labor"  means labor or employment that is under a contract between a day labor service agency and a third party employer,  that is occasional or irregular and that is for a limited time period.
2. " Day laborer"  means an individual who contracts for day labor employment with a day labor service agency.
3. " Day labor service agency"  means an entity that provides day laborers to third party employers and that charges the third party employers for this service.
4. " Third party employer"  means a person that contracts with a day labor service agency for the employment of day laborers.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-552 - Exemptions

23-552.
Exemptions
This article does not apply to:
1. Business entities registered as farm labor contractors.
2. Temporary help services engaged in supplying white-collar employees,  secretarial employees,  clerical employees or skilled laborers.
3. Labor union hiring halls.
4. Labor bureau or employment offices operated by a business entity for the sole purpose of employing an individual for its own use.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-553 - Day labor service agency; third party employer; duties

23-553.
Day labor service agency;  third party employer;  duties
A. A day labor service agency shall compensate day laborers for work performed by providing or making available commonly accepted negotiable instruments that are payable in cash,  on demand,  at a financial institution.
B. At the time of payment of wages,  a day labor service agency shall provide each day laborer with an itemized statement showing in detail each deduction made from the wages.
C. In no event shall any deductions made by a day labor agency,  other than those required by federal or state law,  bring the day laborer's pay below federal minimum wage for the hours worked.
D. A day labor service agency shall not restrict the right of a day laborer to accept a permanent position with a third party employer to whom the day laborer has been referred to for work or restrict the right of a third party employer to offer employment to a day laborer.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-564 - Initial registration; fee

23-564.
Initial registration;  fee
A. Beginning March 1,  2006,  every professional employer organization in this state shall file an initial registration with the secretary of state. The initial registration shall remain valid until the professional employer organization's first completed fiscal year that is more than one year after March 1,  2006.
B. If a professional employer organization is not conducting business in this state before March 1,  2006,  the professional employer organization shall file an initial registration with the secretary of state before conducting business in this state.
C. Every professional employer organization shall pay an initial registration fee established by the secretary of state when an initial registration is filed with the secretary of state.
D. The secretary of state shall determine by rule the fees to be charged under this article.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-565 - Renewal registration; fee

23-565.
Renewal registration;  fee
Within one hundred eighty days of a registrant's completed fiscal year,  each registrant shall file a renewal registration with the secretary of state. The renewal registration shall include any changes to the information that was filed in the registrant's most recent registration. Each professional employer organization shall pay a renewal registration fee established by the secretary of state when the renewal registration is filed with the secretary of state. Each renewal registration shall include the information required under section 23-563,  subsection B,  paragraphs 7,  8 and 9.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-566 - Group registration

23-566.
Group registration
Only for purposes of registration with the secretary of state,  if two or more professional employer organizations are held under common control of another person or persons who are acting in concert,  the professional employer organizations may file a registration under this article as a professional employer organization group. A professional employer organization group may satisfy the reporting and financial requirements under this article on a consolidated basis.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-567 - Limited registration; fee

23-567.
Limited registration;  fee
A. Notwithstanding section 23-564 or 23-565,  a professional employer organization may file a limited registration with the secretary of state on a form prescribed by the secretary of state if all of the following apply:
1. The professional employer organization is domiciled outside of this state and is licensed or registered as a professional employer organization in another state that has requirements that are substantially similar to the requirements under this article.
2. The professional employer organization does not maintain an office in this state.
3. The professional employer organization does not directly solicit clients located or domiciled in this state.
4. The professional employer organization does not have more than fifty covered employees who are employed or domiciled in this state on any given day.
B. A limited registration shall be valid for one year and shall be renewed annually within one hundred eighty days of a registrant's completed fiscal year. Each professional employer organization shall pay a limited registration fee established by the secretary of state when the limited registration is filed or renewed with the secretary of state.
C. If a professional employer organization seeks to file a limited registration with the secretary of state,  the professional employer organization shall provide the secretary of state with sufficient information and documentation that indicates that the professional employer organization qualifies for a limited registration.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-568 - Alternative registration; fee

23-568.
Alternative registration;  fee
A. The secretary of state may establish by rule an alternative registration that accepts an affidavit or certification of a bonded,  independent and qualified assurance organization that certifies the qualifications of a professional employer organization under section 23-564,  23-565 or 23-566. The secretary of state shall approve any bonded,  independent and qualified assurance organization that issues an affidavit or certification under this subsection.
B. An alternative registration is valid for one year and shall be renewed annually within one hundred eighty days of a registrant's completed fiscal year. Each professional employer organization shall pay an alternative registration fee established by the secretary of state when the alternative registration is filed or renewed with the secretary of state.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-569 - Financial capability; bonding; exception

23-569.
Financial capability;  bonding;  exception
A. Every professional employer organization that is located in this state shall maintain either of the following:
1. A minimum net worth of at least one hundred thousand dollars.
2. A bond,  an irrevocable letter of credit or securities that have a minimum market value of one hundred thousand dollars. The bond shall be held by a depository designated by the secretary of state 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 subsection shall not be included for the purposes of calculating the minimum net worth of the professional employer organization under this subsection.
B. This section does not apply to professional employer organizations that file a limited registration under section 23-567.