reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 8 - OCCUPATIONAL SAFETY AND HEALTH RULES OF PROCEDURE › Section R20-5-819 - Witness Deposition; In State

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				After a request for hearing has been filed with the Commission, any party
				desiring to take the deposition of any other interested party or witness
				residing within the State of Arizona shall file with the administrative law
				judge, a notice of deposition . Copies of such notice shall be served at least
				five days prior to the date of the deposition upon the deponent and upon every
				interested party by the party desiring to take the deposition.
B. If any interested party or the deponent
				has any objection to the taking of a deposition, the objecting party shall file
				with the administrative law judge and serve on all interested parties written
				objections thereto setting forth the basis of the opposition to the deposition.
				Such objection shall be filed with the administrative law judge within two days
				after the notice of deposition by is received.
C. If objections to the taking of the
				deposition are filed with the administrative law judge as provided in
				subsection (B), the administrative law judge shall rule on the objections
				within five days of the filing of the objections. The taking of the deposition
				shall be held in abeyance pending the ruling of the administrative law judge.
				The administrative law judge shall either order the deposition to proceed,
				order that the deposition not be taken, or enter such other protective order as
				may be appropriate.
D. The party
				taking a deposition shall comply with the Arizona Rules of Civil Procedure
				governing the taking of depositions.
E. The expense of any deposition shall be
				borne by the party taking the deposition but shall not include the expense of
				any other interested party.
F. a
				scheduled hearing shall not be cancelled or continued for failure to timely
				take or complete a deposition pursuant to the provisions of this
				Section.
G. Depositions taken
				pursuant to the provisions of this Section shall only be used at the time of a
				hearing for impeachment of a witness, unless the deponent is deceased or a
				non-party witness is unavailable at the time of the scheduled hearing, in which
				event the deposition transcript may be admitted into evidence. The transcript
				shall be filed with the administrative law judge at least 15 days prior to the
				hearing date if an interested party intends to introduce it into evidence. If
				the deposition transcript is not filed within the time prescribed herein, it
				shall not be considered for any purpose except by stipulation of all interested
				parties, and then only with the concurrence of the administrative law
				judge.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 8 - OCCUPATIONAL SAFETY AND HEALTH RULES OF PROCEDURE › Section R20-5-820 - Witness Deposition; Out-of-State

Current through Register Vol. 30, No. 28, July 12, 2024
A. After a request for hearing is filed with
				the Commission, any interested party desiring to take the deposition of any
				other interested party or witness residing outside the State of Arizona shall
				file with the administrative law judge, a request for permission to take the
				deposition. the request shall include the name and address of the witness and
				set forth the reason why the witness's testimony is necessary for an
				adjudication of the case. Copies of the request shall be served upon each
				interested party by the party requesting permission to take the deposition. If
				no objection to the request for permission to take the deposition is filed as
				provided in subsection (B), the administrative law judge may, within 10 days,
				in the administrative law judge's discretion, grant or deny the permission to
				take the deposition. If the administrative law judge permits the taking of the
				deposition, the requesting party may proceed in the manner provided by and
				subject to the limitations of
				R20-5-819, subsections (A), (D),
				(E), and (F).
B. If any interested
				party objects to the taking of the deposition of An interested party or
				witness, the objecting party shall file with the administrative law judge and
				serve on all other interested parties written objections thereto setting forth
				the basis for the opposition to the deposition. Such objection shall be filed
				with the administrative law judge within five days after the request to take
				the deposition is served.
C. If
				objections to the taking of a deposition are filed with the administrative law
				judge as provided in subsection (B), the hearing officer shall rule on the
				objections within five days after the filing of the objections. The taking of
				the deposition shall be held in abeyance pending the ruling of the
				administrative law judge. The administrative law judge shall either order the
				deposition to proceed, order that the deposition not be taken, or enter such
				other protective order as may be appropriate. If the administrative law judge
				orders that the deposition proceed, the party may proceed to take the
				deposition in the manner provided by and subject to the limitation of
				R20-5-819, subsections (A), (D), (E), and (F).
D. The transcript of any deposition taken
				pursuant to this Section shall be filed with the administrative law judge at
				least 15 days prior to the hearing date and may be admitted into evidence. If
				the transcript is not filed within the time prescribed herein, it shall not be
				considered for any purpose except by stipulation of all interested parties, and
				then only with the concurrence of the administrative law judge.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 8 - OCCUPATIONAL SAFETY AND HEALTH RULES OF PROCEDURE › Section R20-5-821 - Written Interrogatories and Request for Production of Documents

Current through Register Vol. 30, No. 28, July 12, 2024
A. After a
				request for hearing is filed with the Commission, any interested party desiring
				to issue written interrogatories or a request for production of documents to
				another interested party shall be limited to 25 in number, inclusive of
				sub-parts.
B. Answers to written
				interrogatories or a request for production of documents shall be served on all
				interested parties by the answering party within 30 days after service of the
				interrogatories or a request for production of documents, or within 30 days
				after a ruling by the administrative law judge that the interrogatories must be
				answered or documents must be produced.
C. No scheduled hearing shall be cancelled or
				continued for failure of a party to timely issue interrogatories or a request
				for production of documents to another interested party.
D. Written interrogatories issued pursuant to
				the provisions of this Section may only be used at the time of hearing for
				impeachment of a witness unless the answering party is deceased at the time of
				the scheduled hearing in which event the interrogatory answers may be admitted
				into evidence.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 8 - OCCUPATIONAL SAFETY AND HEALTH RULES OF PROCEDURE › Section R20-5-822 - Refusal to Answer; Refusal to Attend

Current through Register Vol. 30, No. 28, July 12, 2024
A. If An interested party or witness refuses
				to answer any question propounded during deposition pursuant to
				R20-5-819 and
				R20-5-820, the deposition shall be
				completed in other matters, as the proponent of the question may prefer.
				Thereafter on reasonable notice to all parties and persons affected thereby the
				proponent of the question may apply to the administrative law judge for an
				order compelling an answer. Upon the refusal of an interested party to answer
				any interrogatory submitted under
				R20-5-821, or produce a document
				requested under
				R20-5-821, the proponent of the
				interrogatory or requestor of the document may on like notice make like
				application for such an order from the administrative law judge. If the motion
				is granted and if the administrative law judge finds that the refusal was
				without substantial justification, the administrative law judge shall require
				the refusing party, witness, or representative advising the refusal or either
				of them to pay to the party propounding the interrogatory or requesting the
				document the amount of the reasonable attorney's fees incurred in obtaining the
				order and the reasonable expenses which will be incurred to obtain the
				requested answers or documents. If the motion is denied and if the
				administrative law judge finds that the motion was made without substantial
				justification, the administrative law judge shall require the party filing the
				motion or the representative advising the party to file the motion, or both, to
				pay to the refusing party or witness the amount of the reasonable attorney's
				fees incurred in opposing the motion.
B. If An interested party or a representative
				of An interested party willfully fails to appear for deposition after being
				served with the proper notice, or fails to serve answers to interrogatories or
				produce requested documents after proper service of such interrogatories or
				request for production of documents, the administrative law judge, on motion
				and notice, may strike out all or any part of any pleading of that party,
				dismiss the action or proceeding or any part thereof, or preclude the
				introduction of evidence.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 8 - OCCUPATIONAL SAFETY AND HEALTH RULES OF PROCEDURE › Section R20-5-823 - Burden of Proof

Current through Register Vol. 30, No. 28, July 12, 2024
A. In all
				proceedings other than those stated in subsection (B) commenced by the filing
				of a request for hearing, the burden of proof shall rest with the Arizona
				Division of Occupational Safety and Health.
B. In proceedings commenced by a request for
				hearing requesting modification of the abatement period, the burden of
				establishing the necessity for such modification shall rest with the
				petitioner.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 8 - OCCUPATIONAL SAFETY AND HEALTH RULES OF PROCEDURE › Section R20-5-824 - Intermediary Rulings or Orders by the Administrative Law Judge

Current through Register Vol. 30, No. 28, July 12, 2024
No intermediary rulings or orders by the administrative law
				  judge may be appealed to the Review Board, but shall become a part of the
				  record.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 8 - OCCUPATIONAL SAFETY AND HEALTH RULES OF PROCEDURE › Section R20-5-825 - Legal Memoranda

Current through Register Vol. 30, No. 28, July 12, 2024
Legal memoranda may be filed if authorized by the applicable
				  rules of procedure or the administrative law judge. When authorized, the
				  administrative law judge shall establish reasonable briefing deadlines for all
				  interested parties.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 8 - OCCUPATIONAL SAFETY AND HEALTH RULES OF PROCEDURE › Section R20-5-826 - Administrative Law Judge Decisions

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The decision of the administrative law judge shall be signed, include findings
				and conclusions of fact and law, and include an order.
B. OAH shall retain jurisdiction to require
				compliance with the order, or to determine a breach of an approved settlement
				agreement.
C. A request to
				determine breach of a settlement agreement shall be filed with the
				administrative law judge and served upon all interested parties.
D. A request for review by the Review Board
				shall be filed with the administrative law judge and served upon all interested
				parties and the Commission.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 8 - OCCUPATIONAL SAFETY AND HEALTH RULES OF PROCEDURE › Section R20-5-827 - Settlement

Current through Register Vol. 30, No. 28, July 12, 2024
A. Settlement is
				encouraged at any stage of the proceedings where such settlement is consistent
				with the provisions and objectives of the Act.
B. a settlement agreement submitted by
				interested parties shall be accompanied by a proposed order which, if
				appropriate, shall be approved and signed by the administrative law
				judge.
C. Where parties enter into
				a settlement agreement, the settlement agreement shall be served upon
				represented and unrepresented affected employees in the manner set forth in
				R20-5-806. Proof of such service
				shall accompany the proposed settlement when submitted to the administrative
				law judge.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 8 - OCCUPATIONAL SAFETY AND HEALTH RULES OF PROCEDURE › Section R20-5-828 - Special Circumstances; Waiver of Rules

Current through Register Vol. 30, No. 28, July 12, 2024
In special circumstances, or for good cause shown, the
				  administrative law judge may, upon application by any interested party, or on
				  sua sponte, waive any rule or make such orders as justice or the administration
				  of the Act requires.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 8 - OCCUPATIONAL SAFETY AND HEALTH RULES OF PROCEDURE › Section R20-5-829 - Variances

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any hearing
				concerning variances shall be filed with the Commission and shall be heard by
				the Commission at a time set by the Commission.
B. Such proceeding shall be informal but
				shall be transcribed at the expense of the person seeking the variance if a
				written record of the proceeding is requested.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 9 - YOUTH EMPLOYMENT › Section R20-5-901 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In this Article, the definitions of A.R.S. §§
									23-230,
				  23-231,
				  23-232, and
				  23-233 apply. In addition, unless
				  the context otherwise requires, the following definitions shall apply to both
				  the Act and this Article:
"Act" means A.R.S. Title 23, Chapter 2, Article 3.
"Baking" means to cook food with dry heat, especially in an
				  oven.
"Cafeteria" means a restaurant in which the customers are
				  served at a counter and carry their meals on trays to tables.
"Cooking" means to prepare food for eating by applying
				  heat.
"Counter" means a flat surface on which food is prepared or
				  served.
"Department" means the Labor Department of the Industrial
				  Commission of Arizona.
"Director" means the Director of the Department.
"Employee" means every minor in receipt of or entitled to
				  compensation for labor performed for any employer.
"Lunch counter" means a long counter at which lunches are
				  sold.
"Snack bar" means a lunch counter or small restaurant where
				  light meals are served.
"Soda fountain" means a lunch counter in a commercial
				  establishment equipped for preparing and serving soft drinks, ice-cream dishes,
				  or sandwiches.
"Work about" means engage in labor in the area or
				  vicinity.
"Work in" means engage in labor in the occupation or
				  activity.
"Work in connection with" means engage in labor in relation
				  to the occupation or activity.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 9 - YOUTH EMPLOYMENT › Section R20-5-902 - Forms

Current through Register Vol. 30, No. 28, July 12, 2024
The following forms, available at
http://www.azica.gov
and upon request
				  from the Division, shall be used when applicable:
1. Application for variation;
2. Request for hearing on cease and desist
				order form;
3. Request for hearing
				on denied variation, modification, or renewal of variation form;
4. Youth labor complaint form.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 9 - YOUTH EMPLOYMENT › Section R20-5-903 - Recordkeeping Requirements for Youths Under the Age of 16

Current through Register Vol. 30, No. 28, July 12, 2024
An establishment employing youths under the age of 16 must
				  have the following information available:
1. Number of hours the youth is employed in
				each week,
2. Number of hours the
				youth is employed in each day,
3.
				The dates the youth is enrolled in a session of school,
4. The name of the school district in which
				the youth is enrolled,
5. The
				specific hours the youth works at the establishment.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 9 - YOUTH EMPLOYMENT › Section R20-5-904 - Findings and Order Issued by the Department

Current through Register Vol. 30, No. 28, July 12, 2024
A. Upon receipt of a complaint alleging a
				violation of the Act, the Department shall issue a Findings and Order of its
				determination.
B. If the Department
				determines that an employer has violated the Act, the Department shall:
1. Shall direct the employer or other person
				to cease and desist from the violation and may take action necessary to remedy
				the violation, and
2. Order the
				employer to pay a civil penalty to the general fund, consistent with A.R.S.
				§
										23-236.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 9 - YOUTH EMPLOYMENT › Section R20-5-905 - Conduct Hindering an Investigation

Current through Register Vol. 30, No. 28, July 12, 2024
An employer hinders an investigation under the Act if the
				  employer engages in conduct, or causes another person to engage in conduct,
				  that delays or otherwise interferes with the Department's investigation,
				  including:
1. Obstructing or refusing
				to admit the Department to any place of employment authorized under the
				Act;
2. Obstructing or refusing to
				permit interviews authorized under the Act;
3. Failing to make, keep, or preserve records
				required under the Act or this Article;
4. Failing to permit the review and copying
				of records required under the Act and this Article; and
5. Falsifying any record required under the
				Act or this Article.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 9 - YOUTH EMPLOYMENT › Section R20-5-906 - Hearing Procedure on Cease and Desist Order; Review

Current through Register Vol. 30, No. 28, July 12, 2024
A. A request for hearing on a cease and
				desist order form must be completed in writing and received by the Director no
				later than 20 days after the issuance of the cease and desist order.
B. The Department has the burden of proof to
				establish a violation of the Act.
C. An Administrative Law Judge shall preside
				over hearings held under this Section and shall apply the provisions of A.R.S.
				§
									41-1062 to hearings held under
				this Section and shall have the authority and power of a presiding officer as
				described in A.R.S §
									41-1062.
D. The Chief Counsel of the Commission, or a
				designee, shall represent the Division in hearings held under this
				Section.
E. Except as otherwise
				provided by law, a party to a hearing may appear on its own behalf or through
				an authorized legal representative. When an authorized legal representative
				appears or intends to appear before the Commission, the representative shall
				file a notice of appearance with the Commission.
F. Upon the completion of a hearing, the ALJ
				shall issue an order either affirming, modifying, or reversing the cease and
				desist order.
G. The order issued
				by the ALJ after the hearing is final unless within thirty days after the date
				of service of an order a party requests review.
H. A party may request review of the ALJ
				order by filing with the ALJ a written request for review.
I. Upon the completion of a review, the ALJ
				shall issue an order upon review either affirming, modifying, or reversing the
				ALJ order no later than 30 days after receiving a request for review.
J. The order upon review is final unless a
				party seeks judicial review as provided in A.R.S. §
									23-237(C).
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 9 - YOUTH EMPLOYMENT › Section R20-5-907 - Hearing Procedure on Denied Variation, Modification, or Renewal of Variation; Review

Current through Register Vol. 30, No. 28, July 12, 2024
A. A request
				for hearing on denied variation, modification, or renewal of variation form
				must be completed in writing and received by the Director no later than 30 days
				after the issuance of the denied variation request.
B. The Department has the burden of proof to
				establish the application, modification, or renewal for variation does not
				satisfy the requirements established in A.R.S. §
									23-241(A).
C. An Administrative Law Judge shall preside
				over hearings held under this Section and shall apply the provisions of A.R.S.
				§
									41-1062 to hearings held under
				this Section and shall have the authority and power of a presiding officer as
				described in A.R.S §
									41-1062.
D. The Chief Counsel of the Commission, or a
				designee, shall represent the Division in hearings held under this
				Section.
E. Except as otherwise
				provided by law, a party to a hearing may appear on its own behalf or through
				an authorized legal representative. When an authorized legal representative
				appears or intends to appear before the Commission, the representative shall
				file a notice of appearance with the Commission.
F. Upon the completion of a hearing, the ALJ
				shall issue an order either affirming, modifying, or reversing the denied
				variation, modification, or renewal of variation.
G. The order issued by the ALJ after the
				hearing is final unless within thirty days after the date of service of an
				order a party requests review.
H. A
				party may request review of the ALJ order by filing with the ALJ a written
				request for review.
I. Upon the
				completion of a review, the ALJ shall issue an order upon review either
				affirming, modifying, or reversing the ALJ order no later than 30 days after
				receiving a request for review.
J.
				The order upon review is final unless an action is commenced pursuant to A.R.S.
				§ 12-904.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 9 - YOUTH EMPLOYMENT › Section R20-5-908 - Service

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				determination, order, or other document required by this Article or other law
				to be served upon a party, shall be made upon the party, or, if represented by
				legal counsel, the party's legal counsel. Service upon legal counsel is
				considered service upon the party.
B. Service may be made and is deemed complete
				by:
1. Depositing the document in regular or
				certified mail, addressed to the party served at the address shown in the
				records of the Department, or by personal delivery upon the party.
2. With a party's consent, transmission by
				e-mail to the email address shown in the records of the Department.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 10 - WAGE CLAIMS › Section R20-5-1001 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In this Article, unless the context otherwise
				  requires:
1. "Claim" means a wage
				claim pursuant to A.R.S. §
									23-356.
2. "Claimant" means an individual who files a
				claim.
3. "Day" means calendar
				day.
4. "Department" means the
				Labor Department of the Industrial Commission of Arizona.
5. "Determination" means a finding by the
				Department under A.R.S. §
									23-357
				that a claim is either valid or invalid or that the Department cannot resolve
				the dispute.
6. "Director" means
				the Director of the Department.
7.
				"Dismissal" means an action by the Department in which the Department dismisses
				the claim and refers the claimant to other statutory remedies.
8. "Notice" or "notification" when made by
				the Department or the Director means a written communication served on the
				employer or claimant, or both.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 10 - WAGE CLAIMS › Section R20-5-1002 - Forms

Current through Register Vol. 30, No. 28, July 12, 2024
The following forms are available upon request from the
				  Department or from the Industrial Commission of Arizona's web site at
www.azica.gov
:
1. Wage claim. When making a claim, a
				claimant shall provide the following information to the Department:
a. Claimant's name, mailing address, e-mail
				address, telephone number, and date of birth;
b. Employer's name, address, telephone
				number, and description of business;
c. Claimant's dates of employment, position,
				and pay;
d. The amount of the wages
				owed and the time period worked related to the unpaid wages; and
e. Claimant's signature or electronic
				signature and signature date.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 10 - WAGE CLAIMS › Section R20-5-1003 - Filing Requirements; Time for Filing; Computation of Time

Current through Register Vol. 30, No. 28, July 12, 2024
A. A claimant shall
				file a claim with the Department within one year of the date of the accrual of
				the claim.
B. In computing any
				period of time prescribed or allowed by this Article, the day of the act or
				event from which the designated period of time begins to run is not included.
				The last day of the period and Saturdays, Sundays, and legal holidays are
				included in the computation of time.
C. The date of filing of the claim is the
				date the claimant's wage claim form is received by the Department.
D. The Department shall deem a form,
				document, instrument, or other written record filed at the Tucson office as
				filed at the Phoenix office for the purpose of computing time.
E. An individual filing a form or document
				related to a claim shall legibly fill out the form or document.
F. If the wage claim form received from a
				claimant does not include the information required by
				R20-5-1002(1),
				the Department shall return the wage claim form to the claimant with a request
				that the claimant provide the required information and return the completed
				wage claim form to the Department within 14 days of the date of service of the
				Department's request. If the Department does not receive the completed wage
				claim form within 14 days, the Department shall not initiate an investigation
				of the claim and the Department shall consider the claim withdrawn without
				prejudice. The claimant may re-file a withdrawn wage claim with the information
				required by
				R20-5-1002(1),
				if the claim is re-filed within one year of the date of the accrual of the
				claim.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 10 - WAGE CLAIMS › Section R20-5-1004 - Investigation of Claim

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Department shall serve a copy of a claimant's wage claim form on the employer
				listed on the wage claim, with a request that the employer complete and file
				the employer response form within 14 days of the date of service of the
				Department's request.
B. If the
				Department does not receive the employer response form under subsection (A),
				the Department shall serve written notice on the employer stating that the
				employer must pay the amount claimed or file a written response to the wage
				claim within 14 days of the date of service of the Department's written notice.
C. The Department shall serve a copy of the employer's
				response on the claimant and offer the claimant the opportunity to file a
				written reply to the employer's response within 14 days from the date of
				service. If the Department does not receive claimant's reply within 14 days,
				the Department shall make a determination of the claim based on the evidence in
				the file.
D. If the employer fails or refuses to pay the amount
				claimed or submit a written response to the claim in accordance with subsection
				(B), the Department shall make a determination of the claim based on the
				evidence in the file.
E. Upon request from the Department, and if necessary
				to complete the Department's investigation, the claimant, the employer, or
				both, shall submit further written information or meet with the Director or the
				Director's designee. Except for statements made during settlement, mediation,
				or an informal conference, the Director or the Director's designee may
				administer oaths for the purpose of taking affidavits and may record the
				meeting.
F. Upon completion of its investigation, the
				Department shall serve the Department's determination in writing on the
				parties.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 10 - WAGE CLAIMS › Section R20-5-1005 - Mediation of Disputes

Current through Register Vol. 30, No. 28, July 12, 2024
A. During
				the investigation of a claim, the Department may mediate and conciliate a
				dispute between the claimant and the employer.
B. If mediation results in an informal
				resolution of the claim, the Director or the Director's designee shall prepare
				and ensure execution of documents providing for the resolution of the
				claim.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 10 - WAGE CLAIMS › Section R20-5-1006 - Dismissal of Claim

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Department shall dismiss a claim if:
1. The
				claim is filed more than one year after the date of the accrual of the
				claim,
2. The claimant does not
				comply with R20-5-1003(F),
3. The
				amount of wages owed exceeds $5,000.00,
4. The Department's investigation of the
				claimant's evidence reveals no possible violation of A.R.S. §
										23-350 et
				seq.,
5. The claimant has filed a
				civil action regarding the same claim,
6. The employer listed on the claim is in
				bankruptcy,
7. The Department is
				unable to locate the employer based on the information provided by the
				claimant, or
8. The wages in
				question have been withheld from the claimant pursuant to the claimant's prior
				written authorization.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 10 - WAGE CLAIMS › Section R20-5-1007 - Notice of Right of Review

Current through Register Vol. 30, No. 28, July 12, 2024
A
				  determination issued under A.R.S. §
									23-357
				  shall include a notice informing the parties of their right to seek review
				  under A.R.S. §
									23-358
				  and §
									12-901 et
				  seq.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 10 - WAGE CLAIMS › Section R20-5-1008 - Payment of Claim

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Department shall send any payment of a wage claim received by the Department to
				the claimant by certified mail, return receipt requested, unless the claimant
				elects to pick up the check in person at the Department.
B. If the Department discovers that payment
				of a wage claim is alleged to have been made directly to the claimant, the
				Department shall verify the payment by serving the claimant with notice that
				payment of the wage claim is alleged to have been made directly to the claimant
				. If the claimant confirms that payment of the wage claim was made directly to
				the claimant or does not respond to the Department's notice within 14 days of
				the date of service of the Department's notice, the Department shall deem the
				claim to have been paid and shall dismiss the wage claim.
C. Payment of a partial amount of a wage
				claim does not preclude the Department from completing its investigation of the
				balance of the claim.
D. In the
				case of a determination and directive for payment issued by the Department
				under A.R.S. §
									23-357,
				the Department shall, if the employer agrees and with the written consent of
				the claimant, enter into a payment agreement with the employer for payment of
				the amount of wages found to be owed the claimant.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 10 - WAGE CLAIMS › Section R20-5-1009 - Service of Determinations, Notices, and Other Documents

Current through Register Vol. 30, No. 28, July 12, 2024
A. A determination, notice, or other document
				required by this Article or other law to be served upon a party, shall be made
				upon the party, or, if represented by legal counsel, the party's legal counsel.
				Service upon legal counsel is considered service upon the party.
B. Service may be made and is deemed complete
				by:
1. Depositing the document in regular or
				certified mail, addressed to the party served at the address shown in the
				records of the Department, or by personal delivery upon the party.
2. With a party's consent, transmission by
				e-mail to the e-mail address shown in the records of the Department.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 12 - ARIZONA MINIMUM WAGE AND EARNED PAID SICK TIME PRACTICE AND PROCEDURE › Section R20-5-1201 - Notice of Rules

Current through Register Vol. 30, No. 28, July 12, 2024
A. This Article
				applies to all actions and proceedings before the Industrial Commission of
				Arizona arising under A.R.S. Title 23, Articles 8 and 8.1.
B. The Industrial Commission of Arizona shall
				provide a copy of this Article upon request to any person free of
				charge.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 12 - ARIZONA MINIMUM WAGE AND EARNED PAID SICK TIME PRACTICE AND PROCEDURE › Section R20-5-1203 - Duty to Provide Current Address

Current through Register Vol. 30, No. 28, July 12, 2024
A. A complainant shall provide and keep the
				Labor Department advised of the complainant's current mailing address and
				telephone number.
B. An employer
				under investigation by the Department shall provide and keep the Labor
				Department advised of the employer's current mailing address and telephone
				number.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 12 - ARIZONA MINIMUM WAGE AND EARNED PAID SICK TIME PRACTICE AND PROCEDURE › Section R20-5-1204 - Forms Prescribed by the Department

Current through Register Vol. 30, No. 28, July 12, 2024
Forms prescribed by the Department, including the poster
				  required under
				  R20-5-1208,
				  shall not be changed, amended, or otherwise altered without the prior written
				  approval of the Department.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 12 - ARIZONA MINIMUM WAGE AND EARNED PAID SICK TIME PRACTICE AND PROCEDURE › Section R20-5-1205 - Determination of Employment Relationship

Current through Register Vol. 30, No. 28, July 12, 2024
A. Determination of an employment
				relationship under the Act, which includes whether an individual is an
				independent contractor, shall be based upon the economic realities of the
				relationship. Consideration of whether an individual is economically dependent
				on the employer for which the individual performs work shall be determined by
				factors showing dependence, which non-exclusive factors shall include those
				factors identified in A.R.S. §§
									23-902(D)
				 and
				23-1601(B).
B. An individual who works for another person
				without any express or implied compensation agreement is not an employee under
				the Act. This may include an individual that volunteers to work for civic,
				charitable, or humanitarian reasons that are offered freely and without direct
				or implied pressure or coercion from an employer, provided that the volunteer
				is not otherwise employed by the employer to perform the same type of services
				as those which the individual proposes to volunteer
C. An individual who works for another
				individual as a babysitter on a casual basis and whose vocation is not
				babysitting, is not an employee under the Act even if the individual performs
				other household work not related to caring for the children, provided the
				household work does not exceed
20%
of the total hours worked
				on the particular babysitting assignment.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 12 - ARIZONA MINIMUM WAGE AND EARNED PAID SICK TIME PRACTICE AND PROCEDURE › Section R20-5-1206 - Payment of Minimum Wage; Commissions; Tips; Front Loading Earned Paid Sick Time; Limitation on Carry Over of Unused Earned Paid Sick Time

Current through Register Vol. 30, No. 28, July 12, 2024
A. Subject to the
				requirements of the Act and this Article, no less than the minimum wage shall
				be paid for all hours worked, regardless of the frequency of payment and
				regardless of whether the wage is paid on an hourly, salaried, commissioned,
				piece rate, or any other basis.
B.
				If the combined wages of an employee are less than the applicable minimum wage
				for a work week, the employer shall pay monetary compensation already earned,
				and no less than the difference between the amounts earned and the minimum wage
				as required under the Act.
C. The
				workweek is the basis for determining an employee's hourly wage. Upon hire, an
				employer shall advise the employee of the employee's designated workweek. Once
				established, an employer shall not change or manipulate an employee's workweek
				to evade the requirements of the Act.
D. In computing the minimum wage, an employer
				shall consider only monetary compensation and shall count tips and commissions
				in the workweek in which the tip or commission is earned.
E. An employer is allowed to:
1. Require or permit employees to pool,
				share, or split tips; and
2.
				Require an employee to report tips to the employer in order to meet reporting
				requirements of this Article and federal law
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 12 - ARIZONA MINIMUM WAGE AND EARNED PAID SICK TIME PRACTICE AND PROCEDURE › Section R20-5-1207 - Tip Credit toward Minimum Wage

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				In this Section, unless the context otherwise requires, "customarily and
				regularly" means receiving tips on a consistent and recurrent basis, the
				frequency of which may be greater than occasional, but less than constant, and
				includes the occupations of waiter, waitress, bellhop, busboy, car wash
				attendant, hairdresser, barber, valet, and service bartender.
B. For purposes of calculating the
				permissible credit for tips under A.R.S. §
									23-363(C),
				the following applies:
1. Tips are customarily
				and regularly received in the occupation in which the employee is
				engaged;
2. Except as provided in
				R20-5-1206(E), the employee actually receives the tip free of employer control
				as to how the employee uses the tip and the tip becomes the employee's
				property;
3. Employees who
				customarily and regularly receive tips may pool, share, or split tips between
				them, and the amount each employee actually retains is considered the tip of
				the employee who retains it;
4.
				Employer-required sharing of tips with employees who do not customarily and
				regularly receive tips in the occupation in which the employee is engaged,
				including management or food preparers, are not credited toward that employee's
				minimum wage; and
5. A compulsory
				charge for service imposed on a customer by an employer's establishment are not
				credited toward an employee's minimum wage unless the employer actually
				distributes the charge to the employee in the pay period in which the charge is
				earned.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 12 - ARIZONA MINIMUM WAGE AND EARNED PAID SICK TIME PRACTICE AND PROCEDURE › Section R20-5-1208 - Posting Requirements; Small Employer Exemption

Current through Register Vol. 30, No. 28, July 12, 2024
A. With the exception of small employers
				every employer subject to the Act shall place the posters prescribed by the
				Department informing employees of their rights under the Act in a conspicuous
				place in every establishment where employees are employed and where notices to
				employees are customarily placed. The employer shall ensure that the notices
				are not removed, altered, defaced, or covered by other material.
B. In this Section, unless context otherwise
				requires, "small employer" means a corporation, proprietorship, partnership,
				joint venture, limited liability company, trust, or association that has less
				than $500,000 in gross annual revenue.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 12 - ARIZONA MINIMUM WAGE AND EARNED PAID SICK TIME PRACTICE AND PROCEDURE › Section R20-5-1209 - Records Availability

Current through Register Vol. 30, No. 28, July 12, 2024
A. Each
				employer shall keep the records required under the Act and this Article safe
				and accessible at the place or places of employment, or at one or more
				established central recordkeeping offices where the records are customarily
				maintained. When the employer maintains the records at a central recordkeeping
				office other than in the place or places of employment, the employer shall make
				the records available to the Department within 72 hours following notice from
				the Department.
B. Employers shall
				make available to the Department any equipment or technology that is is
				necessary to facilitate inspection and copying of the records.
C. Each employer required to maintain records
				under the Act shall make enlargement, recomputation, or transcription of the
				records and shall submit to the Department the records or reports in a readable
				format upon the Department's written request.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 12 - ARIZONA MINIMUM WAGE AND EARNED PAID SICK TIME PRACTICE AND PROCEDURE › Section R20-5-1210 - General Recordkeeping Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
A. Payroll records required to be kept under
				the Act include:
1. All time and earning cards
				or sheets on which are entered the daily starting and stopping time of
				individual employees, or of separate work forces, or the amounts of work
				accomplished by individual employees on a daily, weekly, or pay period basis
				(for example, units produced) when those amounts determine in whole or in part
				those employees' pay period wages and earned paid sick time or equivalent paid
				time off;
2. From their last
				effective date, all wage-rate tables or schedules of the employer that provide
				the piece rates or other rates used in computing wages; and
3. Records of additions to or deductions from
				wages paid and records that support or corroborate the additions or
				deductions.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 12 - ARIZONA MINIMUM WAGE AND EARNED PAID SICK TIME PRACTICE AND PROCEDURE › Section R20-5-1211 - Administrative Complaints

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				person or organization alleging a minimum wage, earned paid sick time, or
				equivalent paid time off violation shall file a complaint with the Labor
				Department within one year from the date the wages, earned paid sick time, or
				equivalent paid time off were due.
B. A person or organization alleging
				retaliation, discrimination, or a violation of A.R.S. § 23-377 shall file
				a complaint with the Labor Department within one year from the date the alleged
				violation occurred or when the employee knew or should have known of the
				alleged violation.
C. The person or
				organization filing a complaint with the Labor Department shall sign the
				complaint.
D. Any person or
				organization other than an affected employee who files a complaint shall
				include the names of affected employees.
E. Upon its own complaint, the Department may
				investigate violations under the Act.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 12 - ARIZONA MINIMUM WAGE AND EARNED PAID SICK TIME PRACTICE AND PROCEDURE › Section R20-5-1212 - Conduct That Hinders Investigation

Current through Register Vol. 30, No. 28, July 12, 2024
An employer hinders an investigation under the Act if the
				  employer engages in conduct, or causes another person to engage in conduct,
				  that delays or otherwise interferes with the Department's investigation,
				  including:
1. Obstructing or refusing
				to admit the Department to any place of employment authorized under the
				Act;
2. Obstructing or refusing to
				permit interviews authorized under the Act;
3. Failing to make, keep, or preserve records
				required under the Act or this Article;
4. Failing to permit the review and copying
				of records required under the Act and this Article; and
5. Falsifying any record required under the
				Act or this Article.