reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 3 - VOTING RIGHTS AND PUBLIC ACCOMMODATION DISCRIMINATION › Section R10-3-307 - Issuance of notice of hearing

Current through Register Vol. 30, No. 28, July 12, 2024
If, upon investigation, the Division determines that there is
				  reasonable cause to believe that the charge is true, it shall endeavor to
				  eliminate such alleged discriminatory practice through means of conference,
				  conciliation or persuasion. If the Division is unable to eliminate the
				  discriminatory practice or act through conference, conciliation or persuasion,
				  it shall issue and cause to be served upon the Respondent a copy of the charge
				  filed with the Division, as the same may have been amended or supplemented,
				  together with a notice of hearing before the Board or a subcommittee thereof.
				  The notice shall specify the date, time and place of the hearing and in no
				  event shall the date specified be less than 10 or more than 20 days from the
				  date of issuance thereof. The charge and notice shall be served on the
				  Respondent at least ten days before the date of the hearing. The notice shall
				  advise the Respondent that he may file a written, verified answer to the
				  charge.
Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 3 - VOTING RIGHTS AND PUBLIC ACCOMMODATION DISCRIMINATION › Section R10-3-308 - Hearings

Current through Register Vol. 30, No. 28, July 12, 2024
All hearings before the Board involving discrimination in
				  Voting and Public Accommodation shall be conducted pursuant to A.R.S. §
									41-1009
				  et seq., except as may be modified by A.R.S. §
									41-1471.
Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 3 - VOTING RIGHTS AND PUBLIC ACCOMMODATION DISCRIMINATION › Section R10-3-309 - Orders

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Board shall,
				within 30 days from the date the hearing is concluded, enter an order setting
				forth its finding of fact and serve a copy of such finding on all
				parties.
B. If the Respondent fails
				to correct a discriminatory practice or act found by the Board to exist, within
				60 days of such finding, the Charging Party or the Division may file, within 30
				days thereafter, a complaint in the Superior Court of the county where the
				discriminatory practice or act is alleged to have occurred.
C. If, upon all the evidence, the Division
				shall find that a Respondent has not engaged in an unlawful discriminatory
				practice or act, the Division shall state its finding of fact and shall enter
				and serve an order dismissing the charge and advising the Charging Party that
				he may within 30 days thereafter file a complaint in the Superior Court of the
				county where the alleged discriminatory practice or act occurred, as prescribed
				by the provisions of A.R.S. §
									41-1471.
D. If the Board fails to enter an order
				setting forth its finding within 30 days from the date of the hearing, the
				Charging Party may, within 30 days thereafter, file a complaint in the Superior
				Court of the county where the alleged discriminatory practice or act is alleged
				to have occurred.
Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 3 - VOTING RIGHTS AND PUBLIC ACCOMMODATION DISCRIMINATION › Section R10-3-310 - Record of hearings

Current through Register Vol. 30, No. 28, July 12, 2024
The record of the hearings before the Division shall consist
				  of the charge and any amendments or supplements thereto, written applications,
				  motions, orders, transcript of the record on the hearing, exhibits,
				  depositions, the final order, and any additional documents as the Division may
				  direct.
Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 4 - THE ARIZONANS WITH DISABILITIES ACT › Section R10-3-401 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
The following terms used in this Article or in the materials
				  incorporated by reference in this Article have the following meaning:
1. "2010 Standards" means for:
a. Public entities, appendices B and D to 36 CFR 1191(2009)
				  and
				  28 CFR
				  35.151(2011).
b. Places of public accommodation and commercial facilities,
				  appendices B and D to 36 CFR 1191(2009) and
				  28 CFR 36.401
				  through
				  36.406(2011).
2. "Act" or "the Act" means the "Arizonans with Disabilities
				  Act" or "AzDA," A.R.S. §
									41-1492 et
				  seq.
3. "Assistant Attorney General" means the "Arizona Assistant
				  Attorney General."
4. "Attorney General" means the "Arizona Attorney
				  General."
5. "National" means "State of Arizona."
6. "Respondent" means a person, public entity, commercial
				  facility, or public accommodation against whom a complaint has been filed
				  alleging a violation of the Arizonans with Disabilities Act.
Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 4 - THE ARIZONANS WITH DISABILITIES ACT › Section R10-3-402 - Nondiscrimination on the Basis of Disability by Specified Public Transportation

Current through Register Vol. 30, No. 28, July 12, 2024
Private entities that are owners and operators of specified
				  public transportation shall comply with the provisions of Appendices B and D to
				  36 CFR 1191(2009), as modified by Appendix F to 36 CFR 1191(2009), and no
				  further amendments, which are adopted and incorporated herein by reference.
				  Copies of the incorporated material are on file with the Office of the Arizona
				  Attorney General Civil Rights Division and the United States Department of
				  Justice Civil Rights Division, Disability Rights Section - NYA, 950
				  Pennsylvania Avenue, NW, Washington, D.C. 20530. Private entities that are
				  owners and operators of specified public transportation also shall comply with
				  the provisions of
				  49 CFR 37.5,
				  37.7(a),
				  37.9(a)
				  through (c),
				  37.21(a)(2) through
				  (3),
				  37.23(b) and
				  (d),
				  37.25(a),
				  37.27
				  through
				  37.29,
				  37.37(a) through (f) and
				  (h),
				  37.45,
				  37.49,
				  37.51(a)
				  through (b),
				  37.55
				  through
				  37.57,
				  37.101
				  through
				  37.107,
				  37.161,
				  37.165
				  through
				  37.173,
				  37.187 through
				  37.189,
				  37.197,
				  37.201
				  through
				  37.211
				  and Appendix A to Part 37 (2010), and
				  49 CFR
				  38.1, the first sentence of 38.2, 38.4, 38.21
				  through 38.161, 38.171(a) through (b), 38.173 through 38.175, 38.179, and the
				  Figures to Part 38 (2010), and no further amendments, which are adopted and
				  incorporated herein by reference. Copies of the incorporated material are on
				  file with the Office of the Arizona Attorney General Civil Rights Division and
				  the United States Department of Transportation, 1200 New Jersey Avenue, SE,
				  Washington, D.C. 20590.
Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 4 - THE ARIZONANS WITH DISABILITIES ACT › Section R10-3-403 - Nondiscrimination on the Basis of Disability by Public Entities

Current through Register Vol. 30, No. 28, July 12, 2024
Public entities shall comply with the 2010 Standards and the
				  provisions of
				  28 CFR
				  35.130(b)(4),
				  35.133,
				  35.135,
				  35.136,
				  35.137,
				  35.150, and
				  35.163(2011),
				  and no further amendments, which are adopted and incorporated herein by
				  reference. Copies of the incorporated material are on file with the Office of
				  the Attorney General Civil Rights Division and the United States Department of
				  Justice Civil Rights Division, Disability Rights Section - NYA, 950
				  Pennsylvania Avenue, NW, Washington, D.C. 20530.
Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 4 - THE ARIZONANS WITH DISABILITIES ACT › Section R10-3-404 - Nondiscrimination on the Basis of Disability by Places of Public Accommodation and in Commercial Facilities

Current through Register Vol. 30, No. 28, July 12, 2024
Places of public accommodations and commercial facilities
				  shall comply with the 2010 Standards and the provisions of
				  28 CFR
				  36.101 through
				  36.104,
				  36.201 through
				  36.206,
				  36.208,
				  36.211,
				  36.301
				  through
				  36.311, and
				  36.507(2011),
				  and no further amendments, which are adopted and incorporated herein by
				  reference. Copies of the incorporated material are on file with the Office of
				  the Attorney General Civil Rights Division and the United States Department of
				  Justice Civil Rights Division, Disability Rights Section - NYA, 950
				  Pennsylvania Avenue, NW, Washington, D.C. 20530.
Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 4 - THE ARIZONANS WITH DISABILITIES ACT › Section R10-3-405 - Complaints

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any person may
				file a complaint alleging discrimination on the basis of disability in
				accordance with the provisions of this Article. The complaint may be filed with
				the Attorney General no later than 180 days after an alleged discriminatory act
				or practice in violation of the Act or this Article. The complaint may be filed
				with the assistance of any person or organization authorized to act on behalf
				of the complaining person.
B. A
				complaint may be filed against any person alleged to be engaged, to have
				engaged, or about to be engaged, in a discriminatory act or practice in
				violation of the Act or this Article.
C. A complaint may also be filed against any
				person who directs or controls, or has the right to direct or control, the
				conduct of another person with respect to the accessibility of any public
				building, public accommodation, commercial facility, or public transportation
				service, if that person, acting within the scope of their authority as an
				employee or agent of the directing or controlling person, is engaged, has
				engaged, or is about to engage, in a violation of the Act or this
				Article.
D. A person may file a
				complaint in person with, or by mail to: Attorney General, Civil Rights
				Division, 1275 West Washington, Phoenix, Arizona 85007; or Attorney General,
				Tucson Office, Civil Rights Division, 402 Congress West, Tucson, Arizona 85701;
				or such alternate or additional offices as the Attorney General may
				establish.
E. A person may provide
				information stating a violation of the Arizonans with Disabilities Act by
				telephone to the Attorney General. The Attorney General shall reduce the
				information provided by telephone to writing on a complaint form and send the
				form to the complaining person to be signed and affirmed.
F. Each complaint must be in writing and
				shall be signed and affirmed by the complaining person filing the complaint.
				The affirmation shall state: "I declare under penalty of perjury that the
				foregoing is true and correct".
G.
				The Attorney General shall accept any written statement which substantially
				sets forth the allegations of a discriminatory act or practice under the
				Arizonans with Disabilities Act. Personnel in the Civil Rights Division shall
				provide appropriate assistance in filling out complaint forms and in filing a
				complaint.
H. Each complaint shall
				contain substantially the following information:
1. The name and address of the complaining
				person;
2. The name and address of
				the respondent, if available;
3. A
				description and the address of the public entity, commercial facility, public
				accommodation or specified public transportation which is involved, if
				available;
4. A concise statement
				of the facts, including pertinent dates, constituting the alleged
				discriminatory act or practice.
Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 4 - THE ARIZONANS WITH DISABILITIES ACT › Section R10-3-406 - Amendment of Complaints

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Complaints may be amended at any time during the pendency of the investigation.
				Amendments may be used:
1. To cure technical
				defects or omissions, including failure to sign or affirm a
				complaint;
2. To clarify or add to
				the allegations in a complaint; or
3. To join additional or substitute
				respondents.
Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 4 - THE ARIZONANS WITH DISABILITIES ACT › Section R10-3-407 - Notification of the Complaining Person

Current through Register Vol. 30, No. 28, July 12, 2024
Upon the filing of a complaint, the Attorney General shall
				  serve a notice upon each complaining person on whose behalf the complaint was
				  filed. The notice shall:
1.
				Acknowledge the filing of the complaint and state the date that the complaint
				was accepted for filing;
2. Include
				a copy of the complaint;
3. Advise
				the complaining person of the time limits applicable to complaint processing
				and of the procedural rights and obligations of the complaining person under
				this Article;
4. Advise the
				complaining person of their right to commence a civil action under A.R.S.
				§
									41-1492.08
				in an appropriate court, not later than 2 years after the occurrence or
				termination of the alleged discriminatory act or practice or the breach of a
				conciliation agreement entered into under this Article; and
5. Advise the complaining person that
				retaliation against the complaining person or any other person because of the
				filing of a complaint or because the person testified, assisted, or
				participated in an investigation or conciliation under this Article, is a
				discriminatory act or practice that is prohibited by A.R.S. §
				41-1492.10.
Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 4 - THE ARIZONANS WITH DISABILITIES ACT › Section R10-3-408 - Notification of Respondent

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Within 20 days of the filing of a complaint or the filing of an amended
				complaint, the Attorney General shall serve a notice on each respondent. A
				person who is not named as a respondent in a complaint, but who is identified
				in the course of the investigation as a person who is alleged to be engaged, to
				have engaged, or about to engage in the discriminatory act or practice upon
				which the complaint is based may be joined as an additional or substitute
				respondent by service of a notice on the person.
B. The notice shall:
1. Identify the alleged discriminatory act or
				practice upon which the complaint is based, and include a copy of the
				complaint;
2. State the date that
				the complaint was accepted for filing;
3. Advise the respondent of the time limits
				to file a response and of the procedural rights and obligations of the
				respondent;
4. Advise the
				respondent of the complaining person's right to commence a civil action under
				the Act in an Arizona Superior Court at any time within 2 years after the
				occurrence or termination of the alleged discriminatory act or
				practice.
5. If the person is not
				named in the complaint, but is being joined as an additional or substitute
				respondent, explain the basis for the Attorney General's belief that the joined
				person is properly joined as a respondent.
6. Advise the respondent that retaliation
				against any person because the person made a complaint or testified, assisted,
				or participated in an investigation or conciliation under this Section, is a
				discriminatory act or practice that is prohibited under A.R.S. §
										41-1492.10.
Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 4 - THE ARIZONANS WITH DISABILITIES ACT › Section R10-3-409 - Answer to a Complaint

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				respondent may file an answer not later than 10 days after receipt of the
				notice described in
				R10-3-408.
				The answer shall be signed and affirmed by the respondent. The affirmation
				shall state: "I declare under penalty of perjury that the foregoing is true and
				correct."
B. An answer may be
				amended at any time during the pendency of the investigation.
Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 4 - THE ARIZONANS WITH DISABILITIES ACT › Section R10-3-410 - Investigations

Current through Register Vol. 30, No. 28, July 12, 2024
A. Upon the filing
				of a complaint, the Attorney General shall initiate an investigation to:
1. Obtain information concerning the events
				or transactions that relate to the alleged discriminatory act or practice
				identified in the complaint.
2.
				Document policies or practices of the respondent involved in the alleged
				discriminatory act or practice raised in the complaint.
3. Develop factual data necessary for the
				Attorney General to make a determination whether reasonable cause exists to
				believe that a discriminatory act or practice has occurred or is about to
				occur, and to take other actions provided by A.R.S. §
										41-1492.09.
Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 4 - THE ARIZONANS WITH DISABILITIES ACT › Section R10-3-412 - Conciliation

Current through Register Vol. 30, No. 28, July 12, 2024
A. In conciliating
				a complaint, the Attorney General shall attempt to achieve a just resolution of
				the complaint and to obtain assurances that the respondent will satisfactorily
				remedy any violation of the rights of the aggrieved person, and take action
				that will assure the elimination of discriminatory acts or practices, or their
				prevention or recurrence.
B. Where
				the rights of the complaining party and the respondent can be protected, the
				investigator may suspend fact finding and engage in efforts to resolve the
				complaint by conciliation.
C. The
				terms of a conciliation agreement shall be in writing. The conciliation
				agreement shall seek to protect the interest of the complaining person, other
				persons similarly situated, and the public interest. The types of relief that
				may be sought for the aggrieved person are described in A.R.S. §
									41-1492.09(B).
				The provisions that may be sought for the vindication of the public interest
				are described in A.R.S. §
									41-1492.09(C).
D. A conciliation agreement shall be executed
				by the respondent, the complaining person, and the Attorney General. The
				Attorney General shall approve a conciliation agreement and shall execute the
				agreement, only if:
1. The complaining person
				and the respondent agree to the relief accorded the aggrieved person;
				and
2. The provisions of the
				agreement will adequately vindicate the public interest.
Arizona Administrative Code › Title 10 - LAW › Chapter 4 - ARIZONA CRIMINAL JUSTICE COMMISSION › Article 1 - CRIME VICTIM COMPENSATION PROGRAM › Section R10-4-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In this Article:
1.
				"Board" means the Crime Victim Compensation Board of an operational
				unit.
2. "Claim" means an
				application for compensation submitted under this Article.
3. "Claimant" means a natural person who
				files a claim.
4. "Collateral
				source" means a source of compensation for economic loss that a claimant
				received or is accessible to and obtainable by the claimant or that is payable
				to or on behalf of the victim. Collateral source includes the following sources
				of compensation:
a. The perpetrator or a
				third party responsible for the perpetrator's actions;
b. The United States government or any of its
				agencies, a state or any of its political subdivisions, or an instrumentality
				of two or more states, unless:
i. The law
				providing for the compensation makes the compensation excess or secondary to
				benefits under this Article, or
ii.
				The compensation is made with federal funds granted under
				42 U.S.C.
				10602;
c. Social Security, Medicare, or Arizona
				Health Care Cost Containment System payments;
d. State-required, insurance for a temporary,
				non-occupational disability;
e.
				Worker's compensation insurance;
f.
				Wage continuation program of any employer;
g. Insurance proceeds payable to cover a
				specific compensable cost due to criminally injurious conduct;
h. A contract providing for prepaid hospital
				and other health care services or disability benefits; and
i. A gift, devise, or bequest to cover a
				specific compensable cost.
Arizona Administrative Code › Title 10 - LAW › Chapter 4 - ARIZONA CRIMINAL JUSTICE COMMISSION › Article 1 - CRIME VICTIM COMPENSATION PROGRAM › Section R10-4-102 - Administration of the Fund

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Commission shall include in the Fund all funds received for compensating a
				claimant under this Chapter.
B. The
				Commission shall designate one operational unit for a jurisdiction or
				jurisdictions to receive an allocation from the Fund each state fiscal
				year.
C. The Commission shall
				distribute a portion of the Fund to each operational unit for expenditure by
				the Board. The Commission shall distribute the funds using an allocation
				formula approved by the Commission.
D. The Commission shall reserve the lesser of
				$50,000 or 10 percent of the Fund to be used in the event of an unforeseen
				increase of victimization that causes an operational unit for a particular
				jurisdiction to lack the funds needed to provide compensation.
E. If there is an unforeseen increase in
				victimization in a particular jurisdiction, the Commission shall designate an
				additional operational unit to accept claims from that jurisdiction or make a
				compensation award based on the criteria established by
				R10-4-108.
F. If, at the end of a fiscal year, an
				operational unit has unexpended funds received from the Commission, the
				operational unit shall return the funds to the Commission within 90 days after
				the end of the fiscal year. The Commission shall deposit the returned funds in
				the Fund for use in the next fiscal year.
G. Funds collected by an operational unit
				through subrogation or restitution may be retained by the operational unit to
				the extent authorized by the Commission and shall be used to pay compensation
				awards based on the criteria established by R10-4-108.
H. An operational unit shall use funds to pay
				administrative costs only to the extent authorized by the Commission.
I. An operational unit shall pay approved
				compensation program benefit expenses using benefit category cost rate
				schedules approved by the Commission. If the Commission has not approved a cost
				rate schedule for a benefit category, or if an eligible benefit cost is not
				covered by the approved rate schedule, the operational unit may negotiate a
				reasonable and customary cost with the service provider for the approved
				benefit expense.
Arizona Administrative Code › Title 10 - LAW › Chapter 4 - ARIZONA CRIMINAL JUSTICE COMMISSION › Article 1 - CRIME VICTIM COMPENSATION PROGRAM › Section R10-4-103 - Statewide Operation

Current through Register Vol. 30, No. 28, July 12, 2024
For any jurisdiction not served by an operational unit, the
				  Commission shall operate a program in accordance with this Article, designate
				  another operational unit as described in
				  R10-4-104, or provide for a
				  program by contract.
Arizona Administrative Code › Title 10 - LAW › Chapter 4 - ARIZONA CRIMINAL JUSTICE COMMISSION › Article 1 - CRIME VICTIM COMPENSATION PROGRAM › Section R10-4-104 - Operational Unit Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
A. To be
				designated by the Commission as an operational unit for a jurisdiction, a
				public or private agency shall submit to the Commission a written request for
				designation.
B. The Commission
				shall designate a public or private agency as the operational unit for a
				jurisdiction or jurisdictions:
1. Only if the
				public or private agency agrees not to:
a. Use
				Commission funds or federal funds to supplant funds otherwise available to
				compensate a victim or claimant;
b.
				Make a distinction between a resident and a non-resident in evaluating a claim;
				and
c. Make a distinction in
				evaluating a claim relating to a federal crime that occurs in Arizona and one
				relating to a state crime; and
Arizona Administrative Code › Title 10 - LAW › Chapter 4 - ARIZONA CRIMINAL JUSTICE COMMISSION › Article 1 - CRIME VICTIM COMPENSATION PROGRAM › Section R10-4-105 - Crime Victim Compensation Board

Current through Register Vol. 30, No. 28, July 12, 2024
A. Each
				operational unit shall establish a Crime Victim Compensation Board that
				consists of an odd number of members with at least three members. Members of
				the Board shall not receive compensation for their services but are eligible
				for travel reimbursement under A.R.S. §
									38-621.
B. Board members serve a three-year term and
				are eligible for reappointment.
C.
				When a Board is first established, approximately one-third of the members shall
				be appointed for a three-year term, one-third for a two-year term, and
				one-third for a one-year term. If a Board member is unable to complete the term
				of the Board member's appointment, the Commission Chairman shall appoint a new
				Board member for the unexpired term only.
D. When a Board is first established and when
				a new member is appointed to an existing Board, the Commission Chairman shall
				choose the individual to be appointed from a list submitted by the operational
				unit.
E. A majority of the Board
				membership constitutes a quorum that may transact the business of the
				Board.
F. The Board shall elect
				from its membership a chairman and other necessary officers to serve terms
				determined by the Board.
G. The
				Board shall make a compensation award according to this Article and perform
				other acts necessary for operation of the program.
H. As required by A.R.S. Title 38, Chapter 3,
				Article 8, a Board member shall not participate in making any decision
				regarding a claim or compensation award if the Board member or a relative of
				the Board member, as defined at A.R.S. §
									38-502, has a substantial interest
				in the decision.
I. An employee of
				an operational unit shall not serve as a Board member.
J. A newly appointed Board member shall meet
				all training requirements established by the Commission for new Board members
				within six months of the Board member's date of appointment.
K. A Board member who is reappointed shall
				meet all training requirements established by the Commission for reappointed
				Board members within six months of the Board member's date of
				reappointment.
L. A Board member
				shall not miss more than one-third of Board meetings in a year due to unexcused
				absence.
Arizona Administrative Code › Title 10 - LAW › Chapter 4 - ARIZONA CRIMINAL JUSTICE COMMISSION › Article 1 - CRIME VICTIM COMPENSATION PROGRAM › Section R10-4-106 - Prerequisites for a Compensation Award

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Board
				shall make a compensation award only if it determines that:
1. Criminally injurious conduct:
a. Occurred in Arizona; or
b. Occurred outside of Arizona in an area
				without an accessible crime compensation program and affected a
				resident;
Arizona Administrative Code › Title 10 - LAW › Chapter 4 - ARIZONA CRIMINAL JUSTICE COMMISSION › Article 1 - CRIME VICTIM COMPENSATION PROGRAM › Section R10-4-107 - Submitting a Claim

Current through Register Vol. 30, No. 28, July 12, 2024
A. If the
				prerequisites in
				R10-4-106 are met, a natural
				person is eligible to submit a claim if the person is:
1. A victim;
2. A derivative victim;
3. A person authorized to act on behalf of a
				victim or a deceased victim's dependent; or
4. A person who assumed an obligation for or
				paid an expense directly related to a victim's economic loss.
Arizona Administrative Code › Title 10 - LAW › Chapter 4 - ARIZONA CRIMINAL JUSTICE COMMISSION › Article 1 - CRIME VICTIM COMPENSATION PROGRAM › Section R10-4-108 - Compensation Award Criteria

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Board
				shall meet at least every 60 days to decide, based on the findings made by the
				operational unit, the eligibility of the claimant, whether to make a
				compensation award, and the terms and amount of any compensation award. The
				Board shall make a decision within 60 days after the operational unit receives
				a complete and actionable claim under
				R10-4-107 unless good cause for
				delay exists. The Board shall inform the claimant in writing within 10 business
				days of the Board's decision.
B.
				The Board shall not make a compensation award unless it determines that the
				prerequisites in
				R10-4-106 are met.
C. The Board shall make a compensation award
				only for the following:
1. Reasonable and
				customary medical expenses due to the victim's physical injury, medical
				condition, mental health condition, or death.
a. The Board shall include the following as a
				medical expense:
i. Repair of damage to a
				victim's prosthetic device, eyeglasses or other corrective lenses, or a dental
				device; and
ii. Durable medical
				equipment required for treatment of the victim.
Arizona Administrative Code › Title 10 - LAW › Chapter 4 - ARIZONA CRIMINAL JUSTICE COMMISSION › Article 1 - CRIME VICTIM COMPENSATION PROGRAM › Section R10-4-109 - Hearing; Request for Rehearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. If the
				prerequisites in
				R10-4-106 are met, the Board shall
				conduct a hearing regarding a claim submitted under this Article.
B. The Board shall provide a claimant with at
				least 10 business days' notice of a hearing or rehearing.
C. The Board shall provide written notice of
				its decision to the claimant within 10 business days after a hearing or
				rehearing.
D. The Board shall serve
				notice of a compensation-award denial or reduction by personal delivery or
				certified mail to the last known residence or place of business of the person
				being served. Service is complete upon personal delivery or five days after
				mailing by certified mail.
E. The
				operational unit may request a rehearing of a decision by the Board at any time
				and for any reason under this Article.
F. A claimant who is aggrieved by a decision
				of the Board made at a hearing may request a rehearing of the decision within
				30 days after the Board serves notice of the decision. A claimant shall request
				a rehearing in writing and specify the grounds for the request.
G. A claimant may amend a request for a
				rehearing of a Board decision at any time before it is ruled on by the
				Board.
H. The Board may require
				additional written explanation of an issue raised in a request for rehearing of
				a Board decision and may provide for oral argument.
I. The Board shall grant a rehearing for any
				of the following reasons materially affecting a claimant's rights:
1. Irregularity in the proceedings of the
				Board or its operational unit or any order or abuse of discretion that deprived
				the claimant of a fair Board decision;
2. Misconduct of the Board, the operational
				unit, or staff of the operational unit;
3. Newly discovered material evidence that
				could not, with reasonable diligence, have been discovered and produced at the
				original Board meeting;
4. Error in
				the admission or rejection of evidence or other error of law occurring at the
				Board meeting; and
5. The decision
				is not justified by the evidence or is contrary to law.
Arizona Administrative Code › Title 10 - LAW › Chapter 4 - ARIZONA CRIMINAL JUSTICE COMMISSION › Article 1 - CRIME VICTIM COMPENSATION PROGRAM › Section R10-4-110 - State-level Claim Review

Current through Register Vol. 30, No. 28, July 12, 2024
A. A claimant
				who is aggrieved by a decision of a Board made at a rehearing under
				R10-4-109 may request a
				state-level claim review of the decision within 30 calendar days after the
				Board serves notice of the decision. The claimant shall request a state-level
				claim review in writing, specify the grounds for the request, and submit the
				request directly to the Commission.
B. The State Claim Review Panel shall serve
				as the decision-making body for state-level claim reviews. The State Claim
				Review Panel shall consist of the following members:
1. The Arizona Criminal Justice Commission
				Crime Victim Services Program Manager,
2. A representative of the Office of the
				Attorney General, and
3. A Board
				chair from an operational unit that is not the operational unit that originally
				heard the claim being reviewed.
Arizona Administrative Code › Title 10 - LAW › Chapter 4 - ARIZONA CRIMINAL JUSTICE COMMISSION › Article 1 - CRIME VICTIM COMPENSATION PROGRAM › Section R10-4-111 - Emergency Compensation Award

Current through Register Vol. 30, No. 28, July 12, 2024
A. After
				receiving a claim submitted under
				R10-4-107, an operational unit may
				grant one emergency compensation award for a claim if the operational unit
				determines there is a reasonable likelihood that:
1. The person to whom the emergency
				compensation award is made is or will be an eligible claimant, and
2. Serious hardship will result to the person
				if an immediate compensation award is not made.
Arizona Administrative Code › Title 10 - LAW › Chapter 4 - ARIZONA CRIMINAL JUSTICE COMMISSION › Article 2 - CRIME VICTIM ASSISTANCE PROGRAM › Section R10-4-201 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In this Article:
1.
				"Commission" means the Arizona Criminal Justice Commission, established by
				A.R.S. §
									41-2404.
2. "Crime" means conduct, completed or
				preparatory, committed in Arizona that is a misdemeanor or felony under state
				law regardless of whether the perpetrator of the conduct is convicted. Conduct
				arising out of owning, maintaining, or operating a motor vehicle, aircraft, or
				water vehicle is not a crime unless the person engaged in the conduct acts
				intentionally, knowingly, recklessly, or with criminal negligence, to cause
				physical injury, threat of physical injury, or death.
3. "Financial support from other sources"
				means that at least one-fifth of the budget for a victim assistance program is
				from sources, including in-kind contributions, other than the Fund.
4. "Fund" means the Victim Compensation and
				Assistance Fund established by A.R.S. §
									41-2407.
5. "Immediate family" means spouse, child,
				stepchild, parent, stepparent, sibling, stepbrother, stepsister, grandparent,
				grandchild, or guardian.
6.
				"In-kind contribution" means a non-cash source of program support to which a
				cash value can be given.
7.
				"Subrogation" means the substitution of the state or a victim assistance
				program in the place of a victim to enforce a lawful claim against a third
				party to recover the cost of services to the victim paid for with financial
				support from the Fund or other sources.
8. "Victim" means a natural person against
				whom a crime is perpetrated and the victim's immediate family.
Arizona Administrative Code › Title 10 - LAW › Chapter 4 - ARIZONA CRIMINAL JUSTICE COMMISSION › Article 2 - CRIME VICTIM ASSISTANCE PROGRAM › Section R10-4-202 - Administration of the Fund

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Commission shall deposit in the Fund all funds received for victim assistance
				under this Chapter.
B. The
				Commission shall make distributions from the Fund through a competitive grant
				process that complies with A.R.S. §
									41-2701 et seq. and ensures
				statewide distribution when possible and effective and efficient use of the
				funds.
C. At least six weeks before
				an application for a grant from the Fund is due, the Commission shall make a
				grant application form and instructions available on its web site, which is
www.azcjc.gov
.
D. To apply for a grant from the Fund, an
				authorized official of a public agency or private nonprofit organization that
				operates a program that meets the standards in
				R10-4-203 shall complete and
				submit to the Commission the application form referenced in subsection
				(C).
E. The Commission's grant
				period coincides with the state's fiscal year. If funds received from the
				Commission are unexpended at the end of the grant period, the public agency or
				private nonprofit organization that received the funds shall return them to the
				Commission within 30 days after receiving a written request from the
				Commission. The Commission shall redeposit the unexpended funds in the Fund for
				use in the next fiscal year.
Arizona Administrative Code › Title 10 - LAW › Chapter 4 - ARIZONA CRIMINAL JUSTICE COMMISSION › Article 2 - CRIME VICTIM ASSISTANCE PROGRAM › Section R10-4-203 - Grant Eligibility Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
A. A public
				agency or private nonprofit organization may apply for and receive a grant from
				the Commission if, in addition to the other requirements in this Section, the
				public agency or private nonprofit organization operates a project that:
1. Provides services described in
				R10-4-204 benefiting victims or
				addressing victimization;
2. Does
				not use Commission funds or federal funds to supplant funds otherwise available
				to the project for victim assistance;
3. Uses volunteers effectively and
				efficiently to provide services;
4.
				Promotes coordinated public and private efforts to assist victims or address
				victimization within the community served;
5. Increases awareness of, and facilitates
				access to, available victim compensation benefits; and
6. Complies with all applicable civil rights
				laws.
Arizona Administrative Code › Title 10 - LAW › Chapter 4 - ARIZONA CRIMINAL JUSTICE COMMISSION › Article 2 - CRIME VICTIM ASSISTANCE PROGRAM › Section R10-4-204 - Services

Current through Register Vol. 30, No. 28, July 12, 2024
A. A public
				agency or private nonprofit organization that receives a grant from the
				Commission shall ensure that the funds are used to provide only the following
				victim services or services addressing victimization:
1. Crisis intervention services to meet the
				urgent emotional or physical needs of a victim;
2. Emergency services such as:
a. Temporary shelter or relocation for a
				victim who cannot safely remain in current lodgings;
b. Emergency financial assistance for
				immediate needs related to transportation, food, shelter, and other
				necessities; and
c. Temporary
				repairs to doors, locks, and windows damaged as a result of a crime to prevent
				further victimization;
3.
				Support services, such as:
a. Assistance
				dealing with the effects of victimization;
b. Assistance dealing with other social
				services and criminal justice agencies;
c. Assistance in replacing, or obtaining the
				return of property kept as evidence;
d. Assistance in dealing with the victim's
				landlord or employer; and
e.
				Referral to other sources of assistance as needed;
4. Court-related services, such as:
a. Direct services or financial assistance
				that helps a victim participate in criminal justice proceedings, such as child
				care, meals, and parking expenses; and
b. Advocate services such as escorting a
				victim to criminal justice-related interviews, court proceedings, and
				assistance in accessing temporary protection services; and
5. Notification services, such as those found
				in A.R.S Title 13, Chapter 40, Crime Victims' Rights.
Arizona Administrative Code › Title 10 - LAW › Chapter 4 - ARIZONA CRIMINAL JUSTICE COMMISSION › Article 3 - CRIMINAL JUSTICE ENHANCEMENT FUND › Section R10-4-301 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In this Article:
1. "Commission" means the Arizona Criminal Justice
				  Commission.
2. "Contact" means the individual representative of a
				  recipient or the Arizona Sheriffs' Association, on behalf of the various county
				  sheriffs' offices, who communicates with the Commission regarding the
				  Fund.
3. "Enhance" or "enhancing," as used in A.R.S. §
									41-2401(D),
				  means to supplement rather than replace monies from other sources.
4. "Fund" means the Criminal Justice Enhancement Fund
				  established by A.R.S. §
									41-2401(A).
5. "Head" means:
a. The Director of the Arizona Department of Public
				  Safety,
b. The Arizona Attorney General,
c. The Director of the Administrative Office of the Courts,
				  and
d. The sheriff of each Arizona county.
6. "Recipient" means the Arizona Department of Public Safety,
				  Arizona Department of Law, the Supreme Court, and each Arizona county sheriff's
				  office.
Arizona Administrative Code › Title 10 - LAW › Chapter 4 - ARIZONA CRIMINAL JUSTICE COMMISSION › Article 3 - CRIMINAL JUSTICE ENHANCEMENT FUND › Section R10-4-302 - Contact Information Required

Current through Register Vol. 30, No. 28, July 12, 2024
A. Within 60 days after this Article takes
				effect, each Head and the President of the Arizona Sheriffs' Association shall
				submit to the Commission the name, address, telephone and fax numbers, and
				e-mail of the contact.
B. If any of
				the information submitted under subsection (A) changes, the Head or the
				President of the Arizona Sheriffs' Association shall provide immediate notice
				of the change to the Commission.
Arizona Administrative Code › Title 10 - LAW › Chapter 4 - ARIZONA CRIMINAL JUSTICE COMMISSION › Article 3 - CRIMINAL JUSTICE ENHANCEMENT FUND › Section R10-4-303 - Fund Guidelines Required

Current through Register Vol. 30, No. 28, July 12, 2024
A. Within 60 days after this Article takes
				effect, the contact within the Arizona Department of Public Safety, Arizona
				Department of Law, and the Administrative Office of the Courts shall submit to
				the Commission the recipient's guidelines regarding the following:
1. The procedure for handling Fund monies
				until they are allocated for expenditure,
2. The procedure used to allocate Fund
				monies,
3. The procedure used to
				ensure that Fund monies are expended as specified in A.R.S. §
										41-2401(D),
				and
4. The procedure used to assess
				the impact of the Fund monies on enhancing criminal justice in the manner
				specified in A.R.S. §
										41-2401(D).
Arizona Administrative Code › Title 10 - LAW › Chapter 4 - ARIZONA CRIMINAL JUSTICE COMMISSION › Article 3 - CRIMINAL JUSTICE ENHANCEMENT FUND › Section R10-4-304 - Records Required

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				Head shall ensure that the following records are maintained for the recipient:
1. The amount of Fund monies available to the
				recipient,
2. To whom Fund monies
				were disbursed and the amount of Fund monies disbursed,
3. A detailed description of the manner in
				which the Fund monies are expended, and
4. An assessment of the impact of the Fund
				monies on enhancing criminal justice.
Arizona Administrative Code › Title 10 - LAW › Chapter 4 - ARIZONA CRIMINAL JUSTICE COMMISSION › Article 3 - CRIMINAL JUSTICE ENHANCEMENT FUND › Section R10-4-305 - Complaints

Current through Register Vol. 30, No. 28, July 12, 2024
A. An individual
				who believes that Fund monies are being expended in a manner that is
				inconsistent with A.R.S. §
									41-2401(D)
				 may:
1.
				Submit a written complaint to the Commission; and
2. If the complaint relates to an expenditure
				by a court, shall submit the complaint to the Director of the Administrative
				Office of the Courts.
Arizona Administrative Code › Title 10 - LAW › Chapter 4 - ARIZONA CRIMINAL JUSTICE COMMISSION › Article 4 - DRUG AND GANG ENFORCEMENT ACCOUNT GRANTS › Section R10-4-401 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In this Article:
"A-133 audit report" means a report on an audit conducted in
				  accordance with the standards for obtaining consistency and uniformity among
				  federal agencies for the audit of non-federal entities expending federal awards
				  established by the Office of Management and Budget in Circular A-133.
"Account" means the Drug and Gang Enforcement Account
				  established by A.R.S. §
									41-2402.
"Applicant" means an approved agency or task force that
				  submits an application for a grant from the Account.
"Approved agency" means a unit of state, county, local, or
				  tribal government working to accomplish one or more of the goals established at
				  A.R.S. §
									41-2402(A).
"Approved project" means a planned endeavor to accomplish one
				  or more of the goals established at A.R.S. §
									41-2402(A)
				   for which a grant is made from the
				  Account.
"Commission" means the Arizona Criminal Justice Commission
				  established by A.R.S. §
									41-2404.
"Committee" means the Drug, Gang, and Violent Crime Committee
				  of the Commission.
"Host agency" means an approved agency that submits a grant
				  application and required reports on behalf of a task force.
"Matching funds" means non-federal and non-Account money or
				  program income that a grant recipient adds to a grant from the Account and
				  spends to accomplish the goals of an approved project.
"Program income" means funds generated as a result of the
				  activities funded by a grant from the Account.
"Task force" means multiple approved agencies from different
				  jurisdictions that collaborate to accomplish multiple goals established at
				  A.R.S. § 41-2402(A).
Arizona Administrative Code › Title 10 - LAW › Chapter 4 - ARIZONA CRIMINAL JUSTICE COMMISSION › Article 4 - DRUG AND GANG ENFORCEMENT ACCOUNT GRANTS › Section R10-4-402 - General Information Regarding Grants

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Commission may annually request grant
				applications and make grant awards of Account funds.
B. The Commission's ability to make grant
				awards is contingent upon the availability of Account funds.
C. The Commission shall publish its
				priorities for grant awards in a report of the state's strategy for combating
				drugs, gangs, and violent crime.
D.
				The Commission shall make all information regarding grants, including the
				request for grant applications and application and report forms, available on
				its web site.
E. The Commission
				shall ensure that training regarding grant application procedures and grant
				management are made available to interested approved agencies.
F. The Commission shall provide oversight of
				all grants awarded, which may include conducting a financial review or audit of
				a grant recipient, to ensure that Account funds are expended in compliance with
				all terms of the grant agreement and all applicable state and federal
				laws.
G. The Commission may require
				that a grant recipient provide matching funds in the amount specified in the
				request for grant applications.
H.
				The Commission shall not require a grant recipient to provide matching funds
				that exceed 25% of the total project budget.