Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 8 - VOTER'S RIGHT TO KNOW ACT RULES › Section R2-20-811 - Investigation and Enforcement Procedures

Current through Register Vol. 30, No. 28, July 12, 2024
A. Upon the expiration of the time for a
				response, the Executive Director or other Commission staff may conduct an
				investigation. The Executive Director or other Commission staff may engage
				attorneys pursuant to A.R.S. §
									16-979(D).
B. Attorneys who do substantial work
				investigating the complaint or enforcing orders and other matters arising from
				the complaint shall not participate as attorneys for the Commission regarding
				the complaint. Such attorneys may represent the Executive Director or other
				Commission staff before the Commission.
C. The Executive Director or other Commission
				staff may subpoena witnesses, compel their attendance and testimony, administer
				oaths and affirmations, take evidence and require by subpoena the production of
				any books, papers, records or other items material to the performance of the
				commission's duties or the exercise of its powers. The Executive Director or
				Commission staff may utilize attorneys to effectuate any of these actions,
				including filing any action necessary to compel compliance. A person subject to
				a subpoena or other order pursuant to this subsection may appeal to the
				Commission by sending a written request to the Commission's attention. The
				Chair or a Commissioner designated by the chair may confer with an independent
				legal advisor and shall issue an order scheduling the appeal for a public
				meeting of the Commission and may set a schedule for any additional
				briefing.
D. Upon the completion of
				an investigation the Executive Director may prepare a report stating with
				reasonable particularity the nature of the violation, including the facts,
				laws, or rules substantiating the allegations in the complaint, and issue it to
				the respondent. The Executive Director may make a recommendation regarding the
				seriousness of violation, the appropriate remedy, and any other factors that
				the Executive Director and staff believe are relevant to the matter.
E. If the Executive Director determines that
				a consent agreement with the respondent is sufficient, the Executive Director
				and the respondent may agree to present the agreement to the Commission for
				acceptance. A consent agreement may include a penalty. The Commission may vote
				to accept, reject, or modify the proposed consent agreement at a public
				meeting. At this meeting, the Commission's commission attorney for independent
				advice shall serve as the legal advisor for the commission. That attorney must
				not have worked on the investigation, enforcement, or consent
				agreement.
F. The Executive
				Director may dismiss the complaint at any time. If, upon completion of an
				investigation, the Executive Director does not find sufficient facts to
				substantiate the allegations in the complaint, the Executive Director shall
				dismiss the complaint and issue a written report to the respondent stating that
				after completion of an investigation, the Executive Director did not find
				sufficient facts substantiating the allegations in the complaint to pursue the
				matter.