reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 16 - Office of the Ombudsman - Citizens' Aide › Article 2 - HANDLING CONFIDENTIAL MATERIAL › Section R2-16-210 - Summaries of Closed Cases

Current through Register Vol. 30, No. 28, July 12, 2024
The Office shall make available to the public a summary of a
				  closed case if the Office determines that the summary will assist in the
				  management of a state government program, respond to an inquiry about the
				  performance of a state program, or inform the public about the activity and
				  performance of the Office. The Office shall ensure that the summary does not
				  disclose identifying information about a complainant or witness whose identity
				  is protected, confidential investigator notes, or confidential information
				  received from an agency.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 16 - Office of the Ombudsman - Citizens' Aide › Article 3 - RECEIVING AND PROCESSING COMPLAINTS › Section R2-16-301 - Exhausting Reasonable Alternatives within the Agency

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Office shall make inquiry of the
				complainant and the agency to determine whether a complainant has exhausted all
				reasonable alternatives to resolve a complaint within an agency before
				initiating an investigation.
B. If
				the complainant has not made a reasonable effort to resolve the complaint
				within the agency, the Office shall refer the complainant to the appropriate
				person or office within the agency and provide the complainant information
				about available steps to resolve the complaint.
C. The Office shall defer action in a matter
				that is being litigated in the courts or is the subject of a current formal
				administrative procedure unless the ombudsman-citizens' aide determines that
				immediate action is necessary to protect the public health, safety, or
				welfare.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 16 - Office of the Ombudsman - Citizens' Aide › Article 3 - RECEIVING AND PROCESSING COMPLAINTS › Section R2-16-302 - Inmate Complaints

Current through Register Vol. 30, No. 28, July 12, 2024
In accordance with A.R.S. §
									41-1377,
				  the Office shall refuse to investigate a complaint filed by a person in the
				  custody of the Department of Corrections, filed by another person on behalf of
				  an inmate, or concerning a rule or substantive policy statement about inmates.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 16 - Office of the Ombudsman - Citizens' Aide › Article 3 - RECEIVING AND PROCESSING COMPLAINTS › Section R2-16-303 - Resolution without Investigation

Current through Register Vol. 30, No. 28, July 12, 2024
If a complaint can be resolved quickly by mutual agreement,
				  the Office shall attempt to resolve the complaint informally, without resorting
				  to an investigation.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 16 - Office of the Ombudsman - Citizens' Aide › Article 3 - RECEIVING AND PROCESSING COMPLAINTS › Section R2-16-304 - Anonymous Complaints

Current through Register Vol. 30, No. 28, July 12, 2024
The Office shall not investigate an anonymous complaint. If
				  the Office receives facts from an anonymous source that are compelling and can
				  be reasonably independently verified, the Office may investigate the matter if
				  it is within the scope of A.R.S. §
									41-1377.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 16 - Office of the Ombudsman - Citizens' Aide › Article 3 - RECEIVING AND PROCESSING COMPLAINTS › Section R2-16-305 - Filing Complaints

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				complaint against an agency shall be filed with the Office in person or by the
				U.S. Postal Service, telephone, electronic facsimile, or electronic
				mail.
B. A complaint that alleges
				misconduct by a state employee shall be in writing, signed by the complainant,
				and filed with the Office in person or by the U. S. Postal Service or
				electronic facsimile.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 16 - Office of the Ombudsman - Citizens' Aide › Article 3 - RECEIVING AND PROCESSING COMPLAINTS › Section R2-16-306 - Complaints Alleging Employee Misconduct

Current through Register Vol. 30, No. 28, July 12, 2024
A. Before investigating an allegation of
				misconduct by a state employee, the Office shall provide written notice of the
				pending investigation to the employee and the chief executive officer of the
				employee's agency.
B. If an
				investigation of an allegation of misconduct by a state employee results in a
				preliminary report that contains an adverse opinion or recommendation, the
				Office shall consult with the employee about the preliminary report before
				submitting the preliminary report to the agency and shall include the
				employee's written response, if any, with the preliminary report that is
				forwarded to the agency.
1. This consultation
				with the employee shall be confidential and shall not be publicly
				disclosed.
2. The employee shall
				have 15 working days to respond to the preliminary report, unless the ombudsman
				- citizens' aide believes a 15-day delay will cause significant harm.
3. An employee may request an extension of
				time in which to respond to the preliminary report for a compelling reason. The
				Office shall grant the request unless the ombudsman-citizens' aide believes an
				extension will cause significant harm.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 16 - Office of the Ombudsman - Citizens' Aide › Article 4 - CONDUCTING INVESTIGATIONS › Section R2-16-401 - Notice

Current through Register Vol. 30, No. 28, July 12, 2024
When it will not compromise the effectiveness of an
				  investigation, the Office shall exercise the right of access under A.R.S. §
									41-1378
				  by giving the agency at least 10 days notice before conducting interviews,
				  examining necessary records, or requiring the production of information. An
				  agency may request an extension to this period for a compelling reason. The
				  ombudsman-citizens' aide shall grant a request for extension unless the
				  ombudsman-citizens' aide believes a delay will cause significant harm or
				  damage.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 16 - Office of the Ombudsman - Citizens' Aide › Article 4 - CONDUCTING INVESTIGATIONS › Section R2-16-403 - Closing Cases

Current through Register Vol. 30, No. 28, July 12, 2024
The Office may close a case for any of the following
				  reasons:
1. Discontinued. The
				ombudsman-citizens' aide determines that an investigation should be terminated
				before the investigation is completed because:
a. Disclosure of the complainant's identity
				is necessary to enable full investigation and the complainant refuses to allow
				the disclosure;
b. Information or a
				record is requested from the complainant and the complainant fails to produce
				the information or record within the time specified by the Office;
c. The complainant withdraws the
				complaint;
d. The complaint relates
				to a matter that has become the subject of an administrative or judicial
				proceeding;
e. The Office forwards
				the complaint to an appropriate prosecutor because it involves possible
				criminal activity; or
f. The
				ombudsman-citizens' aide determines there is other good cause not to proceed
				with an investigation;
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 16 - Office of the Ombudsman - Citizens' Aide › Article 4 - CONDUCTING INVESTIGATIONS › Section R2-16-404 - Findings

Current through Register Vol. 30, No. 28, July 12, 2024
The Office shall make one of the following findings in an
				  investigative report:
1.
				Substantiated. The investigation establishes that the administrative act did
				occur and the complainant's criticism of the administrative act is
				valid.
2. Partially substantiated.
a. In a complaint having multiple
				allegations, the investigation establishes that at least one allegation is
				substantiated and at least one allegation is not substantiated or
				indeterminate; or
b. The
				investigation establishes there is shared fault between the complainant and
				agency.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 16 - Office of the Ombudsman - Citizens' Aide › Article 4 - CONDUCTING INVESTIGATIONS › Section R2-16-405 - Recommendations

Current through Register Vol. 30, No. 28, July 12, 2024
A. In accordance
				with A.R.S. §§
									41-1376 and
				41-1379,
				the Office shall recommend a resolution to a complaint when a completed
				investigation results in a finding of "substantiated" or "partially
				substantiated."
B. The Office shall
				not recommend that a specific employee disciplinary action be imposed.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 16 - Office of the Ombudsman - Citizens' Aide › Article 5 - INCORPORATING AGENCY RESPONSES INTO REPORTS AND RECOMMENDATIONS › Section R2-16-501 - Preliminary Report

Current through Register Vol. 30, No. 28, July 12, 2024
A. Before
				issuing an opinion or recommendation, the Office shall consult with the agency
				and send a confidential preliminary report to the agency.
B. In accordance with A.R.S. §
									41-1379,
				the Office or agency may share a preliminary report with other state officials
				only if it is necessary to resolve the complaint, but shall not publicly
				disclose the contents of the preliminary report.
C. An agency may seek modification of an
				opinion or recommendation presented in the preliminary report by including a
				request for modification in a written response submitted within 15 working days
				of receiving the preliminary report.
D. An agency may request, for a compelling
				reason, an extension to the time in which to respond. The Office shall grant an
				agency's request for extension, unless the ombudsman-citizens' aide believes an
				extension will cause significant harm or damage.
E. The Office shall consider an agency's
				request for modification of an opinion or recommendation before it prepares the
				final report and shall notify the agency of the acceptance or rejection of the
				request within 15 working days of receiving the request.
F. If an agency does not request
				modification, the preliminary report becomes the final report 15 working days
				after the agency receives the preliminary report.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 16 - Office of the Ombudsman - Citizens' Aide › Article 5 - INCORPORATING AGENCY RESPONSES INTO REPORTS AND RECOMMENDATIONS › Section R2-16-502 - Final Report

Current through Register Vol. 30, No. 28, July 12, 2024
A. After
				the Office receives an agency's response, if any, to a preliminary report and
				makes accepted modifications to the preliminary report, or if no timely
				response is filed, the Office shall send the final report to the chief
				executive officer of the agency.
B.
				If the Office requests that an agency respond to a final report, the agency
				shall respond to the Office, in writing, within 20 working days after receiving
				the final report. The agency shall include in the response the agency's
				decision to accept or reject a recommendation. If the agency accepts a
				recommendation, the agency shall specify a date by which the recommendation
				will be implemented.
C. If the
				ombudsman-citizens' aide determines that an early response to a final report is
				necessary to protect the public health, safety, or welfare, the Office shall
				require an agency to respond on a date sooner than 20 working days.
				Additionally, the ombudsman - citizens' aide may extend a response period for
				good cause at the request of an agency.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 16 - Office of the Ombudsman - Citizens' Aide › Article 5 - INCORPORATING AGENCY RESPONSES INTO REPORTS AND RECOMMENDATIONS › Section R2-16-503 - Advising the Complainant

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Office shall provide a final response to a complainant. If requested by the
				complainant, the Office shall provide the final response in writing.
B. Before releasing a final report to any
				person not authorized to receive confidential information, the Office shall
				purge the final report of any confidential information.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 17 - Water Quality Appeals Board › Article 1 - APPEALS › Section R2-17-101 - Scope of Article; General Considerations

Current through Register Vol. 30, No. 28, July 12, 2024
A. These rules of procedure and the statutes
				and administrative rules governing administrative hearing procedures under
				Title 41, Chapter 6, Article 10, A.R.S. §§ 41-1092.03 through 41-1092.12 and
				A.A.C.
				R2-19-101 through
				A.A.C.
				R2-19-122
				govern all appeals to the Water Quality Appeals Board taken under A.R.S. §
									49-323.
				In case of a conflict, this Article governs when the Board directly conducts an
				administrative hearing whereas the procedures under Title 41, Chapter 6,
				Article 10 govern when the Board uses the services of the Office of
				Administrative Hearings, except that in all appeal hearings A.R.S. §
									49-324(C)
				 prescribes the standard of review.
B. Where a procedure is not established by
				law, this Article, or an order of the Board, the Board may refer to the Arizona
				Rules of Civil Procedure for guidance, but the Arizona Rules of Civil Procedure
				are not binding on the Board or the parties unless the Board issues an order to
				that effect.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 17 - Water Quality Appeals Board › Article 1 - APPEALS › Section R2-17-102 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
The definitions in A.R.S.
				  41-1092
				  apply to this Article. In addition, the terms in this Article have the
				  following meanings:
1. "Appellant"
				means the person who files a notice of appeal with the Department of
				Environmental Quality under A.R.S. § 49323.
2. "Board" means the Water Quality Appeals
				Board appointed by the Governor according to A.R.S. §
									49-322,
				but includes an individual Board member or administrative law judge acting on
				behalf of the Board according to a lawful delegation of authority.
3. "Clerk" means the person designated as
				Clerk of the Board.
4. "Party" means the
				appellant, the Department of Environmental Quality, all persons named by the
				appellant as interested persons as provided in
				R2-17-107(B)(2),
				and any interested person the Board has permitted to intervene in the appeal as
				a matter of right.
5. "Record" has the meaning found in A.R.S. §
									12-904(B)
				 and includes records of proceedings before
				the Office of Administrative Hearings when the Board uses those
				services.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 17 - Water Quality Appeals Board › Article 1 - APPEALS › Section R2-17-103 - Commencement of an Appeal; Copies; Informal Settlement Conference

Current through Register Vol. 30, No. 28, July 12, 2024
A. To commence an
				appeal, the appellant shall file a notice of appeal with the Department of
				Environmental Quality. The Department of Environmental Quality shall deliver or
				mail a copy of the notice of appeal to the Clerk of the Water Quality Appeals
				Board. The appellant shall file the notice of appeal within 30 days after
				receiving the notice of appealable agency action. The date of filing is the
				date the Department of Environmental Quality receives the notice of
				appeal.
B. The Clerk shall make
				available to all persons copies of this Article. The Clerk shall charge a
				reasonable fee for the cost of copies.
C. If an informal settlement conference is
				requested by the appellant under A.R.S. §
									41-1092.06,
				the Department of Environmental Quality shall notify the Board in writing of
				the request and the outcome of the conference.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 17 - Water Quality Appeals Board › Article 1 - APPEALS › Section R2-17-104 - Docket; Case Number; Information on Documents

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Clerk shall maintain a docket of all
				appeals and assign each appeal a case number. For each appeal, the Clerk shall
				enter all of the following information on the docket:
1. The case number;
2. The case name;
3. The filing date of the notice of
				appeal;
4. The receipt date of any
				answer;
5. The receipt date of any
				disclosures;
6. The receipt date of
				prehearing motions, responses, and replies;
7. The dates of the evidentiary
				hearing;
8. The dates of orders by
				the Board and the Board's decision;
9. The receipt date of any motion for
				rehearing or review;
10. The
				Board's decision on any motion for rehearing or review and the date of the
				decision; and
11. The Board's final
				decision and the date of the final decision.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 17 - Water Quality Appeals Board › Article 1 - APPEALS › Section R2-17-105 - Filing and Service of Pleadings, Motions, or Other Documents

Current through Register Vol. 30, No. 28, July 12, 2024
A. Within the time
				limits for filing, a party shall file the original and 1 copy of all pleadings,
				motions, or other documents with the Clerk and serve a copy on each party and
				the administrative law judge, if the Board has delegated hearing powers and
				duties to the Office of Administrative Hearings.
B. A party shall serve documents other than
				subpoenas by personal service or by regular mail. A party is considered served
				at the time of personal service of the document or upon deposit of the document
				in the United States mail, postage prepaid, in a sealed envelope, addressed to
				the party being served, at the party's last address of record with the
				Department of Environmental Quality or the Board. If there is a discrepancy
				between the records of these agencies, the party serving the document shall use
				the last address of record with the Board. Each party shall inform the Board of
				any change of address within 5 days of the change.
C. A party shall demonstrate proof of service
				by filing with the Clerk a written statement, signed by the party, indicating
				that service was made in person or by mail. The statement shall be attached to
				the pleading, motion, or other document being filed.
D. After receiving the Notice of Appeal or an
				Answer of a party, or when the Board finds that the interest of justice so
				requires, the Board may order any party to publish an appropriate notice in a
				newspaper of general circulation in the community or communities that may be
				adversely affected if the appellant is granted the relief requested in the
				appellant's Notice of Appeal. The party shall publish the notice in the manner
				prescribed by the Arizona Rules of Civil Procedure, unless the Board determines
				that another method of publication is more appropriate.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 17 - Water Quality Appeals Board › Article 1 - APPEALS › Section R2-17-106 - Contents of a Notice of Appeal

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The notice of appeal shall contain the following statements:
1. "The appellant files this notice of appeal
				with the Department of Environmental Quality according to A.R.S. §
										49-323."
2. "Under A.A.C.
				R2-17-107,
				if you, a Respondent in this case, have an interest in the final decision that
				may result from this Notice of Appeal, you are required to file an Answer to
				this Notice of Appeal within 20 days from the date of service of this Notice of
				Appeal on you."
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 17 - Water Quality Appeals Board › Article 1 - APPEALS › Section R2-17-107 - Time for Filing an Answer to a Notice of Appeal

Current through Register Vol. 30, No. 28, July 12, 2024
The Department of Environmental Quality and all parties named
				  by the appellant shall file an answer to appellant's notice of appeal within 20
				  days from service of the notice of appeal on that party.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 17 - Water Quality Appeals Board › Article 1 - APPEALS › Section R2-17-108 - Contents of an Answer to a Notice of Appeal

Current through Register Vol. 30, No. 28, July 12, 2024
The answer of each respondent shall contain the following
				  information:
1. The name, address,
				email and telephone number of the respondent preparing the answer and, if the
				respondent is represented by an attorney, the name, address, telephone number,
				email and Arizona Bar number of the respondent's attorney;
2. A response to the appellant's allegations
				relating to the action taken by the Department of Environmental Quality
				involving the grant, denial, modification, or revocation of an individual
				permit issued under A.R.S. Title 49, Chapter 2, the issuance, denial, or
				revocation of a determination pursuant to A.R.S. §
									49-241(B)
				or (C), or the establishment of numeric
				values and data gap issues for pesticides under A.R.S. §§
									49-303
				and
				49-304;
3. The relief requested by the
				respondent;
4. The date of the
				answer;
5. The signature of the
				respondent or the respondent's attorney;
6. A verification that the respondent has
				served or caused to be served a copy of the answer on all other
				parties.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 17 - Water Quality Appeals Board › Article 1 - APPEALS › Section R2-17-109 - Prehearing Disclosure

Current through Register Vol. 30, No. 28, July 12, 2024
A. Within
				the times set forth in subsection (B), each party shall disclose in writing to
				every other party:
1. The factual basis of the
				appeal or response;
2. The legal
				theory upon which the appeal or response is based, including citations of
				pertinent legal authorities;
3. The
				names, addresses, email and telephone numbers of all witnesses the party
				expects to call at the hearing, with a description of the substance of each
				witness' expected testimony;
4. If
				a party is a corporation, the name of the state of incorporation. If the party
				is not an Arizona corporation, the party shall state whether it is qualified to
				do business in the state by the Arizona Corporation Commission;
5. If the party is a partnership, the name,
				address, email and telephone number of each partner;
6. The names, mailing addresses, email and
				telephone numbers of all of the following interested persons:
a. The permittee or registrant, if the
				permittee or registrant is not the appellant;
b. All persons who filed a notice of
				appearance in the action before the Department of Environmental Quality that
				the appellant is appealing;
7. The name and address of each
				person whom the party expects to call as an expert witness at the hearing, the
				subject matter on which the expert is expected to testify, the substance of the
				facts and opinions to which the expert is expected to testify, a summary of the
				grounds for each opinion, the qualifications of the witness and the name and
				address of the custodian of copies of any reports prepared by the
				expert;
8. A list of documents
				which indicates the location, custodian, and a general description of any
				tangible evidence or relevant documents that the party plans to use during the
				hearing. Unless good cause is stated for not doing so, a copy of each document
				listed shall be served with the disclosure. If production is not made, the
				party shall indicate the name and address of the custodian of the document. A
				party who produces documents for inspection shall produce them as they are kept
				in the usual course of business.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 17 - Water Quality Appeals Board › Article 1 - APPEALS › Section R2-17-110 - Depositions

Current through Register Vol. 30, No. 28, July 12, 2024
The Board may allow the deposition of a witness who cannot be
				  subpoenaed or is unable to attend the hearing, in the manner and upon the terms
				  designated by the Board. The party requesting a deposition shall bear the
				  expense of the deposition.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 17 - Water Quality Appeals Board › Article 1 - APPEALS › Section R2-17-111 - Motions

Current through Register Vol. 30, No. 28, July 12, 2024
A. To obtain an
				order or other relief from the Board other than for rehearing or review as
				provided in
				R2-17-125,
				a party shall make a motion at least 15 days before the Board hearing. Unless
				the motion is made during a hearing, the party shall make the motion in
				writing. For all motions, the party shall state the grounds on which the motion
				is based and the relief or order sought. The Board shall decide prehearing
				motions based on the written materials submitted by the parties.
B. Any party may file a response to a
				prehearing motion within five days after service of the motion and serve the
				response on all parties. The moving party has two days after service of a
				response to file a reply.
C. For a
				written motion, a party shall state the grounds on which the motion is based
				and the relief or order sought in a supporting memorandum. A party's supporting
				memorandum shall not exceed 15 pages, exclusive of pages containing the table
				of contents, the table of cases, statutes or other authorities, and the
				appendix, if any. A reply memorandum shall not exceed five pages.
D. A party shall support motion documents by
				affidavit or other satisfactory evidence if they contain facts not apparent in
				the record or facts that are not cognizable through judicial notice.
E. When the Board directly conducts an
				administrative hearing, the Board shall rule on all motions. When the Board
				uses the services of the Office of Administrative Hearings, the administrative
				law judge shall rule on all motions.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 17 - Water Quality Appeals Board › Article 1 - APPEALS › Section R2-17-112 - Duties of the Board During a Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Board shall:
1. Conduct the hearing in an impartial,
				orderly, and informal manner;
2.
				Regulate the course of the hearing;
3. Rule upon procedural matters incidental to
				the hearing;
4. Designate the order
				in which parties introduce their evidence; and
5. Exercise the powers granted in A.R.S. §
										41-1092.07.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 17 - Water Quality Appeals Board › Article 1 - APPEALS › Section R2-17-113 - Location of Hearings

Current through Register Vol. 30, No. 28, July 12, 2024
All hearings shall be held in Arizona, in Maricopa County,
				  unless the Board finds that it will be more cost effective for the Board and
				  the parties to hold a hearing elsewhere, in which event the Board shall set the
				  location of the hearing.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 17 - Water Quality Appeals Board › Article 1 - APPEALS › Section R2-17-114 - Notice of Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. If the
				Board conducts an administrative hearing, the Clerk shall set a date for the
				hearing no later than 60 days from the date the appellant filed the notice of
				appeal with the Department of Environmental Quality. The Clerk shall prepare
				and serve a notice of hearing as prescribed in A.R.S. §
									41-1092.05.
				The Clerk may use the Notice of Hearing Form in Appendix B. If the Board uses
				the services of the Office of Administrative Hearings, the Clerk shall set the
				hearing date in consideration of and in conjunction with the Office of
				Administrative Hearings.
B. The
				notice of hearing shall contain the following information and statements:
1. The date, time, and place of the
				hearing;
2. The hearing will be on
				the appellant's notice of appeal from an action of the Department of
				Environmental Quality;
3. A.R.S. §
										49-323
				provides the authority and jurisdiction under which the hearing will be
				held;
4. The particular sections of
				the statutes and rules involved in the substantive appeal are A.R.S. §§
										49-323
				- 49-324 and A.A.C.
				R2-17-101
				et seq. The parties should also refer to procedural statutes and rules which
				may be applicable to this appeal, to the extent they do not conflict with Board
				statutes and rules, including A.R.S. §§
										41-1092.03
				through
				41-1092.12
				and A.A.C. R2-19-101 through A.A.C.
				R2-19-122;
5. The hearing will be a full evidentiary
				hearing for the purpose of reviewing the grant, denial, modification, or
				revocation of any individual permit issued under A.R.S. Title 49, Chapter 2,
				the issuance, denial, or revocation of a determination pursuant to A.R.S. §
										49-241(B)
				or (C), or the establishment of numeric
				values and data gap issues for pesticides under A.R.S. §§
										49-303
				and
				49-304;
6. The date the appellant filed the notice of
				appeal;
7. The name of the
				administrative law judge, if any, when known at the time the notice of hearing
				is served;
8. The Board may issue
				subpoenas on behalf of any party;
9. All parties may be represented by counsel,
				may introduce evidence through witnesses and documents, and may cross-examine
				witnesses of other parties;
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 17 - Water Quality Appeals Board › Article 1 - APPEALS › Section R2-17-115 - Consolidation

Current through Register Vol. 30, No. 28, July 12, 2024
Upon the motion of a party, the Board may consolidate two or
				  more appeals involving a common question of law or fact when consolidation will
				  avoid unnecessary cost or delay.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 17 - Water Quality Appeals Board › Article 1 - APPEALS › Section R2-17-116 - Continuances

Current through Register Vol. 30, No. 28, July 12, 2024
A. A party applying
				for a continuance of a hearing shall file a motion with the Clerk and serve all
				parties no later than 10 days before the scheduled date of the hearing. The
				Board may accept a motion filed later than 10 days before the hearing for good
				cause. The motion shall state why the continuance is being requested, why a
				stipulation from adverse parties was not obtained, and the amount of time
				requested.
B. Any opposing party
				may, within five days after service of the motion, file and serve a response.
				The Board may permit a reply.
C.
				The parties may stipulate to a continuance. The Board is not required to accept
				the stipulation.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 17 - Water Quality Appeals Board › Article 1 - APPEALS › Section R2-17-117 - Subpoenas

Current through Register Vol. 30, No. 28, July 12, 2024
A. A party shall
				make a written request for a subpoena which clearly identifies the person,
				documents, or other evidence desired and the reason the evidence is relevant to
				the proceeding. The party requesting the subpoena shall file the request at
				least 15 days prior to the date set for hearing, provide the Board with a
				proposed subpoena for electronic signature, and ensure that any subpoena issued
				is served in the manner prescribed by the Arizona Rules of Civil
				Procedure.
B. The person to whom a
				subpoena is directed shall comply with its provisions unless:
1. The person serving the subpoena has failed
				to comply with subsection (A) of this rule; or
2. The person to whom the subpoena is
				directed, at least 10 days prior to the date set for the hearing, files a
				motion to quash or modify the subpoena and the motion is granted in whole or in
				part, prior to the hearing.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 17 - Water Quality Appeals Board › Article 1 - APPEALS › Section R2-17-118 - Prehearing Conferences

Current through Register Vol. 30, No. 28, July 12, 2024
A. Upon a
				motion by a party or on the initiative of the Board, the Board may order a
				prehearing conference, if the Board finds that a prehearing conference will
				assist the Board to:
1. Conduct the hearing
				within the 60-day period prescribed by A.R.S. §
										41-1092.05(A);
				or
2. Reach a just, speedy, and
				less expensive determination of the appeal.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 17 - Water Quality Appeals Board › Article 1 - APPEALS › Section R2-17-119 - Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Board shall
				conduct a full evidentiary hearing. A party may introduce new evidence or
				evidence that was considered by the Department of Environmental Quality when it
				took the action being appealed.
B.
				The Board and the administrative law judge if the matter is referred to the
				Office of the Administrative Hearings shall use the standard of review
				prescribed in A.R.S. §
									49-324(C)
				 to decide an appeal.
C. Noncompliance with any order of the Board
				or disruption of any hearing is improper conduct and grounds for exclusion from
				the hearing.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 17 - Water Quality Appeals Board › Article 1 - APPEALS › Section R2-17-120 - Evidence

Current through Register Vol. 30, No. 28, July 12, 2024
A. All witnesses at
				a hearing shall testify under oath or affirmation. All parties shall have the
				right to present evidence and to conduct cross-examination as may be required
				for a full and true disclosure of the facts. The Board shall receive relevant,
				probative, and material evidence, rule upon offers of proof, and exclude all
				evidence determined to be irrelevant, immaterial, or unduly
				repetitious.
B. Any party may call
				additional witnesses or introduce into evidence additional documents not
				disclosed by the party in its notice of appeal, answer, initial prehearing
				disclosure, or an additional or amended disclosure if that witness or document
				was not or could not reasonably have been known to that party at the time the
				party filed its notice of appeal, answer, initial prehearing disclosure, and
				additional or amended disclosure.
C. The Board may conduct a hearing in an
				informal manner and without adherence to the rules of evidence required in
				judicial proceedings or follow that portion of the Arizona Rules of Evidence
				that the Board deems appropriate.
D. The Board may question any
				witness.
E. The Board may take
				judicial notice of judicially cognizable facts. In addition, the Board may take
				notice of generally recognized technical or scientific facts within the board
				members' specialized knowledge. The Board shall notify the parties either
				before or during the hearing, by reference in a preliminary report or
				otherwise, of the material noticed, including any staff memoranda or data. The
				parties shall be afforded an opportunity to contest the noticed material. The
				board members' experience, technical competence, and specialized knowledge may
				be utilized in the evaluation of the evidence.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 17 - Water Quality Appeals Board › Article 1 - APPEALS › Section R2-17-121 - Recording Hearings

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Board shall tape-record the hearing unless it determines there will be a court
				reporter and is able to obtain state funds for the cost of the court
				reporter.
B. Any party may use a
				court reporter to produce a record of the hearing, but that party shall pay for
				all costs of the court reporter. Where a hearing is recorded by a party's court
				reporter, the Board shall determine whether the tape recording or the court
				reporter's recording will be used to prepare the hearing transcript. The Clerk
				shall ensure that the proceedings are transcribed and provide copies of the
				transcript to the Board at the time the Board meets to consider its decision on
				the appeal.
C. Any party that
				requests a transcript of the proceeding from the Board shall pay the Clerk a
				fee for the cost of copying the transcript.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 17 - Water Quality Appeals Board › Article 1 - APPEALS › Section R2-17-122 - Ex Parte Communications

Current through Register Vol. 30, No. 28, July 12, 2024
Ex parte communications with Board members and staff are
				  prohibited as provided in A.A.C.
				  R2-19-105.
				  The prohibition applies to any Board member, administrative law judge, or
				  employee of the State of Arizona who is or may reasonably be expected to be
				  involved in the decision making process.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 17 - Water Quality Appeals Board › Article 1 - APPEALS › Section R2-17-123 - Notification of Decisions and Orders

Current through Register Vol. 30, No. 28, July 12, 2024
The Clerk shall notify each party promptly by either
				  delivering or mailing copies of all decisions and orders, including the
				  findings of fact, conclusions of law, and the final administrative decision of
				  the Board to each party's last known address.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 17 - Water Quality Appeals Board › Article 1 - APPEALS › Section R2-17-124 - Decision of the Board

Current through Register Vol. 30, No. 28, July 12, 2024
A. If the
				Board uses the services of the Office of Administrative Hearings, the Board
				will receive a copy of the administrative law judge's decision under A.R.S. §
									41-1092.08.
				Within 30 days after receipt, the Board may review the decision and accept,
				reject, or modify it.
1. If the Board does not
				make a decision within 30 days, the Board has accepted the administrative law
				judge's decision as the final administrative decision.
2. If the Board reviews the administrative
				law judge's decision, it shall request the record of the hearing, described in
				A.R.S. §
										41-1092.08(A),
				and may accept, reject, or modify the decision. If the Board rejects or
				modifies the decision, the Board shall file with the Office of Administrative
				Hearings a copy of the administrative law judge's decision with the rejection
				or modification and a written justification setting forth the reasons for the
				rejection or modification of each finding of fact or conclusion of law. If
				there is a rejection or modification of a conclusion of law, the written
				justification shall be sent to the president of the senate and the speaker of
				the house of representatives. Under the circumstances in this subsection, the
				decision of the Board is the final administrative decision.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 17 - Water Quality Appeals Board › Article 1 - APPEALS › Section R2-17-125 - Rehearing or Review of Decision

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Except as provided in subsection (H), any party to an appeal before the Board
				may file a motion for rehearing or review within 30 days after service of the
				final administrative decision. The party shall attach a supporting memorandum,
				specifying the grounds for the motion. The party is not required to file a
				motion for rehearing or review of the decision in order to exhaust the party's
				administrative remedies.
B. Any
				other party may file a response within 15 days after service of a motion for
				rehearing or review. The party shall support the response with a memorandum,
				discussing legal and factual issues.
C. The moving party, the responding party, or
				the Board may request oral argument.
D. The Board may grant a rehearing or review
				for any of the following causes materially affecting a party's rights:
1. Irregularity in the proceedings of the
				Board, or any order or abuse of discretion, that deprived the moving party of a
				fair hearing;
2. Misconduct of the
				Board, its staff, an administrative law judge, or the prevailing
				party;
3. Accident or surprise that
				could not have been prevented by ordinary prudence;
4. Newly discovered material evidence that
				could not, with reasonable diligence, have been discovered and produced at the
				hearing;
5. Error in the admission
				or rejection of evidence or other errors of law occurring at the hearing or
				during the progress of the proceeding; or
6. That the findings of fact or decision is
				not justified by the evidence or is contrary to law.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 17 - Water Quality Appeals Board › Article 1 - APPEALS › Section R2-17-126 - Judicial Review

Current through Register Vol. 30, No. 28, July 12, 2024
The final administrative decision of the Board may be
				  reviewed as provided by A.R.S. §
									49-323(B)
				   and A.R.S. §
									12-901 et
				  seq. (Title 12, Chapter 7, Article 6, Judicial Review of Administrative
				  Decisions Act). The Clerk shall transmit the record to the superior court in
				  all actions seeking judicial review under A.R.S. §
									12-901 et
				  seq., including when the Board uses the services of the Office of
				  Administrative Hearings.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 18 - Government Information Technology › Article 2 - INFORMATION TECHNOLOGY PROJECTS › Section R2-18-201 - Information Technology Project Justification and Monitoring

Current through Register Vol. 30, No. 28, July 12, 2024
A. If an IT project
				requires Department or ITAC approval, under A.R.S. Title 41, Chapter 23 and
				Title 18 Chapter 1, a budget unit shall not commit or spend funds on the
				project and shall not enter into a project-specific contract or vendor
				agreement until the budget unit receives written Department or ITAC approval or
				unless the contract or vendor agreement is contingent upon receipt of such
				approval.
1. A budget unit shall submit a PIJ
				describing the value to the public and the state for the IT project, consistent
				with the approved budget unit IT Plan submitted to the Department under
				R2-18-301. The budget unit shall use the current PIJ template and submit the
				completed PIJ to the Department.
2.
				If the PIJ is incomplete, the Department shall identify deficiencies and either
				request additional information or return the PIJ to the budget unit for
				completion and resubmission.
3. The
				Department or ITAC shall use the following general criteria to review each
				completed PIJ within its authority:
a.
				Whether the proposed solution addresses the stated problem or
				situation;
b. Whether the budget
				unit is competent to carry out the project successfully;
c. Whether sufficient sponsorship and support
				by budget unit leadership exists;
d. Whether cost estimates provided are
				accurate;
e. Whether the proposed project aligns with the budget
				unit's Strategic IT Plan and
f. Whether the proposed
				solution complies with statewide IT standards.
4. Based on the review, the Department or
				ITAC shall take one of the following actions:
a. Approve,
b. Conditionally approve, or
c. Disapprove.
5. The
				Department shall inform the budget unit of the review decision in
				writing.
6. If the Department or ITAC conditionally approves
				the IT project, it shall identify the conditions the budget unit shall satisfy
				to proceed with the project. Unless otherwise stated in the Department's
				communication to the budget unit, the budget unit may begin the IT project,
				with Department monitoring, while the identified conditions are in the process
				of being satisfied by the budget unit.
7. If the Department or
				ITAC disapproves the IT project, the budget unit shall not begin the IT
				project, nor commit or spend any funds nor enter into any project- specific
				contract or vendor agreement.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 18 - Government Information Technology › Article 3 - INFORMATION TECHNOLOGY PLANNING › Section R2-18-301 - Information Technology Planning

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Under A.R.S. Title 18, Chapter 1, each budget unit shall annually develop and
				submit to the Department an IT Plan containing goals, challenges, and plans, on
				or before September 1 each year.
B. The Department shall
				review the proposed budget unit IT Plan to determine whether:
1. Outcomes are measurable,
2. Quality assurance plan is
				included,
3. Disaster recovery plan
				is included, and
4. IT goals align
				with statewide IT standards.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 18 - Government Information Technology › Article 4 - APPEALS OF DECISIONS › Section R2-18-401 - Appeals to ITAC

Current through Register Vol. 30, No. 28, July 12, 2024
A. A budget
				unit, which appeals a decision by the Department regarding the disapproval of a
				budget unit IT Plan or a budget unit IT project, shall file a written appeal
				with ITAC within 30 days from receipt of notice of the Department decision
				being appealed.
B. An appeal shall
				include:
1. The decision being
				appealed,
2. The specific facts on
				which the appeal is based,
3. The
				associated errors in the Department's decision, and
4. The action requested of
				ITAC.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 18 - Government Information Technology › Article 5 - ALTERNATIVE ACCESS TO ELECTRONIC OR INFORMATION TECHNOLOGY › Section R2-18-501 - Accessibility Standards

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Department shall prescribe electronic or information technology accessibility
				standards as authorized by A.R.S. §§
									18-104 and
				18-105.
				Electronic or information technology products covered by these standards shall
				comply with all applicable provisions. The Arizona Strategic Enterprise
				Technology (ASET) Office of the Department shall maintain the accessibility
				standards and make them available to the public.
B. Each budget unit shall designate an
				Accessibility Compliance Representative and ensure that their products comply
				with accessibility standards, unless an undue burden would be imposed on the
				budget unit. When a budget unit determines compliance with these standards
				imposes an undue burden, budget units shall provide individuals with
				disabilities the information and data involved that allows the individual
				comparable access.
C. Each budget
				unit shall evaluate the accessibility of any proposed electronic or information
				technology system prior to the expenditure of State funds. The budget unit
				shall include the results of the accessibility evaluation in a written report
				maintained with the solution documentation. If applicable, the report shall
				include a declaration that the budget unit has determined that an undue burden
				or exception exists along with an explanation of the undue burden and how it
				was determined.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 18 - Government Information Technology › Article 5 - ALTERNATIVE ACCESS TO ELECTRONIC OR INFORMATION TECHNOLOGY › Section R2-18-502 - Complaints

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any individual
				may file a complaint alleging that a budget unit does not comply with
				accessibility standards in regard to its electronic or information technology
				with the Accessibility Compliance Representative of the budget unit. The
				written complaint must:
1. State the name and
				contact information for the complainant;
2. Identify the electronic or information
				technology in question; and,
3.
				Describe the non-conformance with the accessibility standards in sufficient
				detail as to enable a review.