reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 18 - Government Information Technology › Article 5 - ALTERNATIVE ACCESS TO ELECTRONIC OR INFORMATION TECHNOLOGY › Section R2-18-503 - Complaint Review Process

Current through Register Vol. 30, No. 28, July 12, 2024
A. If
				a complainant is not satisfied with the complaint response issued by a budget
				unit, the complaint and the budget unit response can be filed within 30 days of
				issuance with the Director of the Department.
B. The Director or the Department's
				representative or representatives shall evaluate the complaint and budget unit
				response and may gather additional information as necessary to render an
				independent decision within 60 days of receipt of the complaint.
1. If it is determined the technology does
				not comply with accessibility standards, a written notice shall be sent to the
				budget unit, with a copy to complainant, of such findings and a requirement for
				a plan of resolution to be sent within 60 days to the Department and the
				complainant.
2. If it is determined
				the technology does comply with accessibility standards or that an undue burden
				does exist and is therefore exempt from compliance, a written notice shall be
				sent to complainant, with a copy to the budget unit, of such
				findings.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 19 - Office of Administrative Hearings › Article 1 - PREHEARING AND HEARING PROCEDURES › Section R2-19-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
The following definitions apply unless otherwise
				  stated:
1. "Agency" means the department, board, or commission from
				  which a matter originates.
2. "Matter" means a contested case or appealable agency
				  action.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 19 - Office of Administrative Hearings › Article 1 - PREHEARING AND HEARING PROCEDURES › Section R2-19-102 - Applicability

Current through Register Vol. 30, No. 28, July 12, 2024
A. These rules
				apply to any matter heard by the Office of Administrative Hearings.
B. An administrative law judge may waive the
				application of any of these rules to further administrative convenience,
				expedition, and economy if:
1. The waiver
				does not conflict with law, and
2.
				The waiver does not cause undue prejudice to any party.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 19 - Office of Administrative Hearings › Article 1 - PREHEARING AND HEARING PROCEDURES › Section R2-19-103 - Request for Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				agency requesting the Office schedule an administrative hearing shall provide
				the following information on a form provided by the Office:
1. Caption of the matter, including the names
				of the parties;
2. Agency matter
				number;
3. Identification of the
				matter as a contested case or appealable agency action;
4. In an appealable agency action, the date
				the party appealed the agency action;
5. Estimated time for the hearing;
6. Proposed hearing dates;
7. Any request to expedite or consolidate the
				matter; and
8. Any agreement of the
				parties to waive applicable time limits to set the hearing.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 19 - Office of Administrative Hearings › Article 1 - PREHEARING AND HEARING PROCEDURES › Section R2-19-104 - Assignment of Administrative Law Judge: Setting the Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
Within 7 days of the Office's receipt of a request for
				  hearing, the Office shall provide the agency in writing with:
1. The name of the administrative law judge
				assigned to hear the matter;
2. The
				date, time, and location of the hearing; and
3. The docket number assigned by the Office.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 19 - Office of Administrative Hearings › Article 1 - PREHEARING AND HEARING PROCEDURES › Section R2-19-105 - Ex Parte Communications

Current through Register Vol. 30, No. 28, July 12, 2024
A party shall not communicate, either directly or indirectly,
				  with the administrative law judge about any substantive issue in a pending
				  matter unless:
1. All parties are
				present;
2. It is during a
				scheduled proceeding, where an absent party fails to appear after proper
				notice; or
3. It is by written
				motion with copies to all parties.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 19 - Office of Administrative Hearings › Article 1 - PREHEARING AND HEARING PROCEDURES › Section R2-19-106 - Motions

Current through Register Vol. 30, No. 28, July 12, 2024
A. Purpose. A party
				requesting a ruling from an administrative law judge shall file a motion.
				Motions may be made for rulings such as:
1.
				Consolidation or severance of matters pursuant to R2-19-109;
2. Continuing or expediting a hearing
				pursuant to R2-19-110;
3. Vacating
				a hearing pursuant to R2-19-111;
4.
				Prehearing conference pursuant to R2-19-112;
5. Quashing a subpoena pursuant to
				R2-19-113;
6. Telephonic testimony
				pursuant to R2-19-114; and
7.
				Reconsideration of a previous order pursuant to R2-19-115.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 19 - Office of Administrative Hearings › Article 1 - PREHEARING AND HEARING PROCEDURES › Section R2-19-107 - Computing Time

Current through Register Vol. 30, No. 28, July 12, 2024
In computing any time period, the Office shall exclude the
				  day from which the designated time period begins to run. The Office shall
				  include the last day of the period unless it falls on a Saturday, Sunday, or
				  legal holiday. When the time period is 10 days or less, the Office shall
				  exclude Saturdays, Sundays, and legal holidays.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 19 - Office of Administrative Hearings › Article 1 - PREHEARING AND HEARING PROCEDURES › Section R2-19-108 - Filing Documents

Current through Register Vol. 30, No. 28, July 12, 2024
A. Docket.
				The Office shall open a docket for each matter upon receipt of a request for
				hearing. All documents filed in a matter with the Office shall be date stamped
				on the day received by the Office and entered in the docket.
B. Definition. "Documents" include papers
				such as complaints, answers, motions, responses, notices, and briefs.
C. Form. A party shall state on the document
				the name and address of each party served and how service was made pursuant to
				subsection (E). A document shall contain the agency's caption and the Office's
				docket number.
D. Signature. A
				document filed with the Office shall be signed by the party or the party's
				attorney. A signature constitutes a certification that the signer has read the
				document, has a good faith basis for submission of the document, and that it is
				not filed for the purpose of delay or harassment.
E. Filing and service. A copy of a document
				filed with the Office shall be served on all parties. Filing with the Office
				and service shall be completed by personal delivery; 1st-class, certified or
				express mail; or facsimile.
F. Date
				of filing and service. A document is filed with the Office on the date it is
				received by the Office, as established by the Office's date stamp on the face
				of the document. A copy of a document is served on a party as follows:
1. On the date it is personally
				served.
2. Five days after it is
				mailed by express or 1st class mail.
3. On the date of the return receipt if it is
				mailed by certified mail.
4. On the
				date indicated on the facsimile transmission
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 19 - Office of Administrative Hearings › Article 1 - PREHEARING AND HEARING PROCEDURES › Section R2-19-108 - Filing Documents

Current through Register Vol. 30, No. 28, July 12, 2024
A. Docket. The
				Office shall open a docket for each matter upon receipt of a request for
				hearing. All documents filed in a matter with the Office shall be date stamped
				on the day received by the Office and entered in the docket.
B. Definition. "Documents" include papers
				such as complaints, answers, motions, responses, notices, and briefs.
C. Form. A party shall state on the document
				the name and address of each party served and how service was made pursuant to
				subsection (E). A document shall contain the agency's caption and the Office's
				docket number.
D. Signature. A
				document filed with the Office shall be signed by the party or the party's
				attorney. A signature constitutes a certification that the signer has read the
				document, has a good faith basis for submission of the document, and that it is
				not filed for the purpose of delay or harassment.
E. Filing and service. A copy of a document
				filed with the Office shall be served on all parties. Filing with the Office
				and service shall be completed by personal delivery; 1st-class, certified or
				express mail; facsimile; electronically when filed through the Office's
				electronic submission system; or as ordered by an administrative law judge. A
				copy of a document filed with the Office shall be served on all
				parties.
F. Date of filing and
				service. A document is filed with the Office on the date it is received by the
				Office, as established by the Office's date stamp on the face of the document, or by the date and time shown on the electronically filed document or docket
				entry when filed through the Office's electronic filing system. A copy of a
				document is served on a party as follows:
1.
				On the date it is personally served.
2. Five days after it is mailed by express or
				1st class mail.
3. On the date of
				the return receipt if it is mailed by certified mail.
4. On the date indicated on the facsimile
				transmission or email.
5. On the
				date and time shown on the electronically filed document or docket entry when
				served electronically on a party through the Office's electronic submission
				system.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 19 - Office of Administrative Hearings › Article 1 - PREHEARING AND HEARING PROCEDURES › Section R2-19-109 - Consolidation or Severance of Matters

Current through Register Vol. 30, No. 28, July 12, 2024
A. Standards for consolidation. An
				administrative law judge may order consolidation of pending matters, if:
1. There are substantially similar factual or
				legal issues, or
2. All parties are
				the same.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 19 - Office of Administrative Hearings › Article 1 - PREHEARING AND HEARING PROCEDURES › Section R2-19-110 - Continuing or Expediting a Hearing; Reconvening a Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. Continuing or
				expediting a hearing. When ruling on a motion to continue or expedite, the
				administrative law judge shall consider such factors as:
1. The time remaining between the filing of
				the motion and the hearing date;
2.
				The position of other parties;
3.
				The reasons for expediting the hearing or for the unavailability of the party,
				representative, or counsel on the date of the scheduled hearing;
4. Whether testimony of an unavailable
				witness can be taken telephonically or by deposition; and
5. The status of settlement
				negotiations.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 19 - Office of Administrative Hearings › Article 1 - PREHEARING AND HEARING PROCEDURES › Section R2-19-111 - Vacating a Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
An administrative law judge shall vacate a calendared hearing
				  and return the matter to the agency for further action, if:
1. The parties agree to vacate the
				hearing;
2. The agency dismisses
				the matter;
3. The non-agency party
				withdraws the appeal; or
4. Facts
				demonstrate to the administrative law judge that it is appropriate to vacate
				the hearing for the purpose of informal disposition, or if the action will
				further administrative convenience, expedition and economy and does not
				conflict with law or cause undue prejudice to any party.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 19 - Office of Administrative Hearings › Article 1 - PREHEARING AND HEARING PROCEDURES › Section R2-19-112 - Prehearing Conference

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Procedure. The administrative law judge may hold a prehearing conference. The
				conference may be held telephonically. The administrative law judge may issue a
				prehearing order outlining the issues to be discussed.
B. Record. The administrative law judge may
				record any agreements reached during a prehearing conference by electronic or
				mechanical means, or memorialize them in an order.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 19 - Office of Administrative Hearings › Article 1 - PREHEARING AND HEARING PROCEDURES › Section R2-19-113 - Subpoenas

Current through Register Vol. 30, No. 28, July 12, 2024
A. Form. A party
				shall request a subpoena in writing from the administrative law judge and shall
				include:
1. The caption and docket number of
				the matter;
2. A list or
				description of any documents sought;
3. The full name and home or business address
				of the custodian of the documents sought or all persons to be
				subpoenaed;
4. The date, time, and
				place to appear or to produce documents pursuant to the subpoena; and
5. The name, address, and telephone number of
				the party, or the party's attorney, requesting the subpoena.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 19 - Office of Administrative Hearings › Article 1 - PREHEARING AND HEARING PROCEDURES › Section R2-19-114 - Telephonic Testimony

Current through Register Vol. 30, No. 28, July 12, 2024
The administrative law judge may grant a motion for
				  telephonic testimony if:
1. Personal
				attendance by a party or witness at the hearing will present an undue hardship
				for the party or witness;
2.
				Telephonic testimony will not cause undue prejudice to any party; and
3. The proponent of the telephonic testimony
				pays for any cost of obtaining the testimony telephonically.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 19 - Office of Administrative Hearings › Article 1 - PREHEARING AND HEARING PROCEDURES › Section R2-19-115 - Rights and Responsibilities of Parties

Current through Register Vol. 30, No. 28, July 12, 2024
A. Generally. A party may present testimony
				and documentary evidence and argument with respect to the issues and may
				examine and cross-examine witnesses.
B. Preparation. A party shall have all
				witnesses, documents and exhibits available on the date of the
				hearing.
C. Exhibits. A party shall
				provide a copy of each exhibit to all other parties at the time the exhibit is
				offered to the administrative law judge, unless it was previously provided
				through discovery.
D. Responding to
				Orders. A party shall comply with an order issued by the administrative law
				judge concerning the conduct of a hearing. Unless objection is made orally
				during a pre-hearing conference or hearing, a party shall file a motion
				requesting the administrative law judge to reconsider the order.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 19 - Office of Administrative Hearings › Article 1 - PREHEARING AND HEARING PROCEDURES › Section R2-19-116 - Conduct of Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. Public
				access. Unless otherwise provided by law, all hearings are open to the
				public.
B. Opening. The
				administrative law judge shall begin the hearing by reading the caption,
				stating the nature and scope of the hearing, and identifying the parties,
				counsel, and witnesses for the record.
C. Stipulations. The administrative law judge
				shall enter into the record any stipulation, settlement agreement, or consent
				order entered into by any of the parties before or during the
				hearing.
D. Opening statements. The
				party with the burden of proof may make an opening statement at the beginning
				of a hearing. All other parties may make statements in a sequence determined by
				the administrative law judge.
E.
				Order of presentation. After opening statements, the party with the burden of
				proof shall begin the presentation of evidence, unless the parties agree
				otherwise or the administrative law judge determines that requiring another
				party to proceed first would be more expeditious or appropriate, and would not
				prejudice any other party.
F.
				Examination. A party shall conduct direct and cross examination of witnesses in
				the order and manner determined by the administrative law judge to expedite and
				ensure a fair hearing. The administrative law judge shall make rulings
				necessary to prevent argumentative, repetitive, or irrelevant questioning and
				to expedite the examination to the extent consistent with the disclosure of all
				relevant testimony and information.
G. Closing argument. When all evidence has
				been received, parties shall have the opportunity to present closing oral
				argument, in a sequence determined by the administrative law judge. The
				administrative law judge may permit or require closing oral argument to be
				supplemented by written memoranda. The administrative law judge may permit or
				require written memoranda to be submitted simultaneously or sequentially,
				within time periods the administrative law judge may prescribe.
H. Conclusion of hearing. Unless otherwise
				provided by the administrative law judge, the hearing is concluded upon the
				submission of all evidence, the making of final argument, or the submission of
				all post hearing memoranda, whichever occurs last.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 19 - Office of Administrative Hearings › Article 1 - PREHEARING AND HEARING PROCEDURES › Section R2-19-117 - Failure of Party to Appear for Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
If a party fails to appear at a hearing, the administrative
				  law judge may proceed with the presentation of the evidence of the appearing
				  party, or vacate the hearing and return the matter to the agency for any
				  further action.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 19 - Office of Administrative Hearings › Article 1 - PREHEARING AND HEARING PROCEDURES › Section R2-19-118 - Witnesses; Exclusion from Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
All witnesses at the hearing shall testify under oath or
				  affirmation. At the request of a party, or at the discretion of the
				  administrative law judge, the administrative law judge may exclude witnesses
				  who are not parties from the hearing room so that they cannot hear the
				  testimony of other witnesses.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 19 - Office of Administrative Hearings › Article 1 - PREHEARING AND HEARING PROCEDURES › Section R2-19-119 - Proof

Current through Register Vol. 30, No. 28, July 12, 2024
A. Standard of
				proof. Unless otherwise provided by law, the standard of proof is a
				preponderance of the evidence.
B.
				Burden of proof. Unless otherwise provided by law:
1. The party asserting a claim, right, or
				entitlement has the burden of proof;
2. A party asserting an affirmative defense
				has the burden of establishing the affirmative defense; and
3. The proponent of a motion shall establish
				the grounds to support the motion.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 19 - Office of Administrative Hearings › Article 1 - PREHEARING AND HEARING PROCEDURES › Section R2-19-120 - Disruptions

Current through Register Vol. 30, No. 28, July 12, 2024
A person shall not interfere with access to or from the
				  hearing room, or interfere, or threaten interference with the hearing. If a
				  person interferes, threatens interference, or disrupts the hearing, the
				  administrative law judge may order the disruptive person to leave or be
				  removed.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 19 - Office of Administrative Hearings › Article 1 - PREHEARING AND HEARING PROCEDURES › Section R2-19-121 - Hearing Record

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Maintenance. The Office shall maintain the official record of a
				matter.
B. Transfer of record.
				Before an agency takes final action, the agency may request that the record be
				available for its review or duplication. Any party requesting a copy of the
				record or any portion of the record shall make a request to the Office and
				shall pay the reasonable costs of duplication.
C. Release of exhibits. Exhibits shall be
				released:
1. Upon the order of a court of
				competent jurisdiction; or
2. Upon
				motion of the party who submitted the exhibits if the time for judicial appeal
				has expired and no appeal is pending.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 19 - Office of Administrative Hearings › Article 1 - PREHEARING AND HEARING PROCEDURES › Section R2-19-122 - Notice of Judicial Appeal; Transmitting the Transcript

Current through Register Vol. 30, No. 28, July 12, 2024
A. Notification to the Office. Within 10 days
				of filing a notice of appeal of an agency action resulting from an
				administrative hearing before the Office, the party shall file a copy of the
				notice of appeal with the Office. The Office shall then transmit the record to
				the Superior Court.
B.Transcript. A
				party requesting a transcript of an administrative hearing before the Office
				shall arrange for transcription at the party's expense. The Office shall make a
				copy of its audio taped record available to the transcriber. The party
				arranging for transcription shall deliver the transcript, certified by the
				transcriber under oath to be a true and accurate transcription of the audio
				taped record, to the Office, together with one unbound copy.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 1 - GENERAL PROVISIONS › Section R2-20-103 - Communications: Time and Method

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				General rule: in computing any period of time prescribed or allowed by the Act
				or these rules, unless otherwise specified, days are calculated by calendar
				days, and the day of the act, event, or default from which the designated
				period of time begins to run shall not be included. The last day of the period
				so computed shall be included, unless it is a Saturday, a Sunday, or a legal
				holiday. The term "legal holiday" includes New Year's Day, Martin Luther King
				Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus
				Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day appointed
				as a holiday for employees of the state.
B. Special rule for periods less than seven
				days: when the period of time prescribed or allowed is less than seven days,
				intermediate Saturdays, Sundays, and legal holidays shall be excluded in the
				computation.
C. Whenever the
				Commission or any person has the right or is required to do some act within a
				prescribed period after the service of any paper by or upon the Commission by
				regular mail, three calendar days shall be added to the prescribed
				period.
D. Whenever the Commission
				or any person is required to do some act within a prescribed period after the
				service of paper by or upon the Commission by overnight delivery, the time
				period shall begin on the date the recipient signs for the overnight
				delivery.
E. The Commission shall
				use the address of the candidate that is provided on the application for
				certification filed pursuant to A.R.S. §
									16-947.
				A candidate may designate in writing for the Commission to send written
				correspondence to a person other than the candidate.
F. If possible, the Commission shall furnish
				a copy of all communications electronically.
G. Delivery of subpoenas, orders and
				notifications to a natural person may be made by handing a copy to the person,
				or leaving a copy at his or her office with the person in charge thereof, by
				leaving a copy at his or her dwelling place or usual place of abode with a
				person of suitable age and discretion residing therein, by mailing a copy by
				overnight delivery to his or her last known address, or by any other method
				whereby actual notice is given.
H.
				When the person to be served is not an individual, delivery of subpoenas,
				orders and notifications may be made by mailing a copy by overnight delivery to
				the person at its place of business or by handing a copy to a registered agent
				for service, or to any officer, director, or agent in charge of any office of
				such person, or by mailing a copy by overnight delivery to such representative
				at his or her last known address, or by any other method whereby actual notice
				is given.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 1 - GENERAL PROVISIONS › Section R2-20-104 - Certification as a Participating Candidate

Current through Register Vol. 30, No. 28, July 12, 2024
A. A nonparticipating candidate who accepts
				contributions up to the limits authorized by A.R.S. §
									16-941(B),
				but later chooses to run as a participating candidate, shall:
1. Make the change to participating candidate
				status during the exploratory and qualifying periods only;
2. Return the amount of each contribution in
				excess of the individual contribution limit for participating
				candidates;
3. Return all Political
				Action Committee (PAC) monies received;
4. Not have made expenditures exceeding the
				early contribution limit, or have spent any part of a contribution exceeding
				the early contribution limit;
5.
				Comply with all provisions of A.R.S. §
										16-941
				and Commission rules.
6. Return all
				contributions received from another candidate's candidate
				committee.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 1 - GENERAL PROVISIONS › Section R2-20-106 - Distribution of Funds to Certified Candidates

Current through Register Vol. 30, No. 28, July 12, 2024
A. Before the initial disbursement of funds,
				the Commission shall review the candidate's funding application and all
				relevant facts and circumstances and:
1.
				Verify that the number of signatures on the candidate's nominating petitions
				equals or exceeds the number required pursuant to A.R.S. §
										16-322
				as follows:
a. If the application is
				submitted before the March 1 voter registration list is determined, the
				Commission shall verify that the number of signatures on the candidate's
				nominating petitions equals or exceeds 115 percent of the number required
				pursuant to A.R.S. §
											16-322
				based on the prior election voter registration list as determined by the
				Secretary of State; or
b. If the
				application is submitted after the current year March 1 voter registration list
				is determined, the Commission shall verify that the number of signatures on the
				candidate's nominating petitions is equal to or greater than the number
				required pursuant to A.R.S. §
											16-322.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 1 - GENERAL PROVISIONS › Section R2-20-107 - Candidate Debates

Current through Register Vol. 30, No. 28, July 12, 2024
A The
				Commission shall sponsor debates among statewide and legislative office
				candidates prior to the primary and general elections. Except as set forth in
				subsection (D) below, the Commission shall not be required to sponsor a debate
				if there is no participating candidate in the election for a particular
				office.
B In the primary election
				period, the Commission shall sponsor political party primary election debates
				for every office in which:
1. There are more
				candidates appearing on the ballot than there are seats available for the
				political party's nomination for general election candidates, and
2 At least one of the candidates is a
				participating candidate.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 1 - GENERAL PROVISIONS › Section R2-20-108 - Termination of Participating Candidate Status

Current through Register Vol. 30, No. 28, July 12, 2024
A. A candidate may voluntarily request
				termination of his or her participating candidate status at any time prior to
				notification by the Commission that such candidate has qualified for Clean
				Elections funding. To withdraw from participating candidate status, a candidate
				shall send a letter to the Commission stating the candidate's intent to
				withdraw and the reason for the withdrawal. The candidate shall not accept any
				private monies until the withdrawal is approved by the Commission. The
				Commission shall act on the withdrawal request within seven days. If the
				Commission takes no action within the seven-day time period, the withdrawal is
				automatic.
B. A candidate's
				participating candidate status shall automatically terminate if:
1. The candidate fails to make such
				submissions to the Secretary of State as prescribed in R2-20-105(B) within
				seven days after the end of the qualifying period, or
2. The candidate is denied Clean Elections
				funding by the Secretary of State and the candidate is ineligible to make a
				supplemental filing with the Secretary of State in accordance with
				R2-20-105(G).
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 1 - GENERAL PROVISIONS › Section R2-20-109 - Independent Expenditure Reporting Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
A. In accordance with A.R.S. §
									16-958(E),
				all persons obligated to file any campaign finance report under any provisions
				of Chapter 6, Article 2 of the Arizona Revised Statutes shall file such reports
				using the Secretary of State's Internet-based finance-reporting system, except
				if:
1. Expressly provided otherwise by
				another Commission rule; or
2. That
				system, or the necessary function on the system, is unavailable, in which case
				the executive director shall implement a suitable process.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 1 - GENERAL PROVISIONS › Section R2-20-111 - Non-participating Candidate Reporting Requirements and Contribution Limits

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any person may
				file a complaint with the Commission alleging that any non-participating
				candidate or that candidate's campaign committee has failed to comply with or
				violated A.R.S. §
									16-941(B).
				Complaints shall be processed as prescribed in Article 2 of these rules. In
				addition to those penalties outlined in
				R2-20-222(B),
				a non-participating candidate or candidate's campaign committee violating
				A.R.S. §
									16-941(B)
				 shall be subject to penalties prescribed in
				A.R.S. §
									16-941(B)
				 and A.R.S. §
									16-942(B)
				and (C) as applicable.
B. Penalties under A.R.S. §
									16-942(B):
1. For an election involving a candidate for
				statewide office, the civil penalty shall be $300 per day.
2. For an election involving a legislative
				candidate, the civil penalty shall be $100 per day.
3. The penalties in (a) and (b) shall be
				doubled if the amount not reported for a particular election cycle exceeds ten
				percent (10%) of the applicable one of the adjusted primary election spending
				limit or adjusted general election spending limit.
4. The dollar amounts in items (a) and (b),
				and the spending limits in item (c) are subject to adjustment of A.R.S. §
										16-959.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 1 - GENERAL PROVISIONS › Section R2-20-112 - Political Party Exception

Current through Register Vol. 30, No. 28, July 12, 2024
The provisions of A.R.S. §
									16-911(B)(4)
				   shall apply to a candidate, whether
				  participating or nonparticipating, who becomes a nominee as defined in A.R.S. §
									16-901(38).
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 1 - GENERAL PROVISIONS › Section R2-20-113 - Candidate Statement Pamphlet

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The Commission shall publish a candidate statement pamphlet in both the primary
				and general elections as required by A.R.S. §
									16-956(A)(1).
				Commission staff shall send invitations for submission of a 200 word statement
				to every statewide and legislative candidate who has qualified for the ballot.
				Statements submitted for the primary candidate statement pamphlet shall be used
				for the general candidate statement pamphlet unless otherwise stated by the
				candidate.
B. The following
				candidates will not be invited to submit a statement for the candidate
				statement pamphlet:
1. In the primary
				election: write-in candidates for the primary election, independent candidates,
				no party affiliation or unrecognized party candidates.
2. In the general election: write in
				candidates
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 1 - GENERAL PROVISIONS › Section R2-20-114 - Candidate Campaign Bank Accounts

Current through Register Vol. 30, No. 28, July 12, 2024
A. Each participating candidate shall
				designate a single campaign bank account for conducting campaign financial
				activity. During an election cycle, each participating and nonparticipating
				candidate shall conduct all campaign financial activities through a single,
				current election campaign bank account and any petty cash accounts as are
				permitted by law.
B. A
				participating candidate may maintain a campaign bank account other than the
				current election campaign bank account described in subsection (A) if the other
				campaign bank account is for a campaign in a prior election cycle in which the
				candidate was not a participating candidate.
C. During the exploratory period, a candidate
				may receive debt-retirement contributions for a campaign during a prior
				election cycle if the funds are deposited in the bank account for that prior
				campaign. A candidate shall not deposit debt-retirement contributions into the
				current election campaign bank accounts.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 1 - GENERAL PROVISIONS › Section R2-20-115 - Books and Records Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
A. All candidates shall maintain, at a single
				location within the state, the books and records of financial transactions, and
				other information required by A.R.S. §
									16-904.
B. All candidates shall ensure that the books
				and records of accounts and transactions of the candidate are recorded and
				preserved as follows:
1. The treasurer of a
				candidate's campaign committee is the custodian of the candidate's books and
				records of accounts and transactions, and shall keep a record of all of the
				following:
a. All contributions or other
				monies received by or on behalf of the candidate.
b. The identification of any individual or
				political committee that makes any contribution together with the date and
				amount of each contribution and the date of deposit into the candidate's
				campaign bank account.
c.
				Cumulative totals contributed by each individual or political
				committee.
d. The name and address
				of every person to whom any expenditure is made, and the date, amount and
				purpose or reason for the expenditure.
e. All periodic bank statements or other
				statements for the candidate's campaign bank account.
f. In the event that the campaign committee
				uses a petty cash account the candidate's campaign finance report shall include
				the same detail for each petty cash expenditure as required in A.R.S. §
											16-948(C)
				 for each vendor.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 2 - COMPLIANCE AND ENFORCEMENT PROCEDURES › Section R2-20-202 - Initiation of Compliance Matters

Current through Register Vol. 30, No. 28, July 12, 2024
Compliance matters may be initiated by a complaint or on the
				  basis of information ascertained by the Commission in the normal course of
				  carrying out its statutory responsibilities.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 2 - COMPLIANCE AND ENFORCEMENT PROCEDURES › Section R2-20-203 - Complaints

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any person who
				believes that a violation of any statute or rule over which the Commission has
				jurisdiction has occurred or is about to occur may file a complaint in writing
				to the Executive Director.
B. A
				complaint shall conform to the following:
1.
				Provide the full name and address of the complainant; and
2. Contents of the complaint shall be sworn
				to and signed in the presence of a notary public and shall be
				notarized.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 2 - COMPLIANCE AND ENFORCEMENT PROCEDURES › Section R2-20-204 - Initial Complaint Processing; Notification

Current through Register Vol. 30, No. 28, July 12, 2024
A. Upon receipt of a complaint, the Executive
				Director shall review the complaint for substantial compliance with the
				technical requirements of A.A.C.
				R2-20-203, and, if it
				complies with those requirements, shall within 5 days after receipt of the
				complaint notify each respondent that the complaint has been filed, advise each
				respondent of Commission compliance procedures, and provide each respondent a
				copy of the complaint.
B. If a
				complaint does not comply with the requirements of A.A.C.
				R2-20-203, the
				Executive Director shall so notify the complainant and any person or entity
				identified therein as respondent, within the 5 day period specified in
				subsection A, that no action should be taken on the basis of that complaint. A
				copy of the complaint shall be provided with the notification to each
				respondent.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 2 - COMPLIANCE AND ENFORCEMENT PROCEDURES › Section R2-20-205 - Opportunity for No Action on Complaint-generated Matters

Current through Register Vol. 30, No. 28, July 12, 2024
A. A respondent shall be afforded an
				opportunity to demonstrate that no action should be taken on the basis of a
				complaint by submitting, within 5 days from receipt of a written copy of the
				complaint, a letter or memorandum setting forth reasons why the Commission
				should take no action.
B. The
				Commission shall not take any action, or make any finding, against a respondent
				other than action dismissing the complaint, unless it has considered such
				response or unless no such response has been served upon the Commission within
				the 5 day period specified in subsection A.
C. The respondent's response shall be sworn
				to and signed in the presence of a notary public and shall be notarized. The
				respondent's failure to respond in accordance with subsection A within 5 days
				of receiving the written copy of the complaint may be viewed as an admission to
				the allegations made in the complaint for purposes of the reason to believe
				finding pursuant to A.A.C.
				R2-20-206.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 2 - COMPLIANCE AND ENFORCEMENT PROCEDURES › Section R2-20-206 - Executive Director's Recommendation on Complaint-generated Matters

Current through Register Vol. 30, No. 28, July 12, 2024
A. Following either
				the expiration of the 5 day period specified by A.A.C.
				R2-20-205
				or the receipt of a response as specified by A.A.C.
				R2-20-205(A),
				whichever occurs first, the Executive Director:
1. may recommend to the Commission whether it
				should find reason to believe that a respondent has committed or is about to
				commit a violation of a statute or rule over which the Commission has
				jurisdiction;
2. may recommend that
				the Commission find that there is no reason to believe that a violation of a
				statute or rule over which the Commission has jurisdiction has been committed
				or is about to be committed, or that the Commission otherwise dismiss a
				complaint without regard to the provisions of A.A.C.
				R2-20-205(A);
				or
3. may close the complaint
				generated matter without a reason to believe recommendation from the Executive
				Director based upon Respondent complying with the statute or rule on which the
				complaint is founded and in such case shall notify the Commission.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 2 - COMPLIANCE AND ENFORCEMENT PROCEDURES › Section R2-20-207 - Internally Generated Matters; Referrals

Current through Register Vol. 30, No. 28, July 12, 2024
A. On the basis of information ascertained by
				the Commission in the normal course of carrying out its statutory
				responsibilities, or on the basis of a referral from an agency of the state,
				the Executive Director may recommend in writing that the Commission find reason
				to believe that a person or entity has committed or is about to commit a
				violation of a statute or rule over which the Commission has
				jurisdiction.
B. If the Commission
				finds reason to believe that a violation of a statute or rule over which the
				Commission has jurisdiction has occurred or is about to occur, the Executive
				Director shall notify the respondent of the Commission's decision and shall
				include a copy of a staff report setting forth the legal basis and the alleged
				facts which support the Commission's action.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 2 - COMPLIANCE AND ENFORCEMENT PROCEDURES › Section R2-20-208 - Complaint Processing; Notification

Current through Register Vol. 30, No. 28, July 12, 2024
A. If the Commission, either after reviewing
				a complaint-generated recommendation as described in R2-20-206 and any response
				of a respondent submitted pursuant to R2-20-205, or after reviewing an
				internally-generated recommendation as described in R2-20-207, determines by an
				affirmative vote of at least three of its members that it has reason to believe
				that a respondent has violated a statute or rule over which the Commission has
				jurisdiction, the Commission shall notify such respondent of the Commission's
				finding, setting forth the sections of the statute or rule alleged to have been
				violated and the alleged factual basis supporting the finding. In accordance
				with A.R.S. §
									16-957(A),
				the Commission shall serve on the respondent an order requiring compliance
				within 14 days. During that period, the respondent may provide any explanation
				to the Commission, comply with the order, or enter into a public administrative
				settlement with the Commission.
B.
				If the Commission finds no reason to believe that a violation of a statute or
				rule over which the Commission has jurisdiction has occurred, or otherwise
				terminates its proceedings, the Executive Director shall so notify both the
				complainant and respondent.
C. The
				complainant may bring an action in Superior Court in accordance with A.R.S. §
									16-957(C)
				 if the Commission finds there is no reason
				to believe a violation of a statute or rule over which the Commission has
				jurisdiction has occurred or otherwise terminates its proceedings.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 2 - COMPLIANCE AND ENFORCEMENT PROCEDURES › Section R2-20-209 - Investigation

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Executive
				Director or any other person designated by the Executive Director shall conduct
				an investigation in any case in which the Commission finds reason to believe
				that a violation of a statute or rule over which the Commission has
				jurisdiction has occurred or is about to occur.
B. The investigation may include, but is not
				limited to, field investigations, audits, and other methods of information
				gathering.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 2 - COMPLIANCE AND ENFORCEMENT PROCEDURES › Section R2-20-210 - Written Questions under Order

Current through Register Vol. 30, No. 28, July 12, 2024
The Commission may issue an order requiring any person to
				  submit sworn, written answers to written questions and may specify a date by
				  which such answers must be submitted to the Commission.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 2 - COMPLIANCE AND ENFORCEMENT PROCEDURES › Section R2-20-211 - Subpoenas and Subpoenas Duces Tecum; Depositions

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Commission may authorize its Executive
				Director or Assistant Attorney General to issue subpoenas requiring the
				attendance and testimony of any person by deposition and to issue subpoenas
				duces tecum for the production of documentary or other tangible evidence in
				connection with a deposition or otherwise.
B. If the Commission orders oral testimony to
				be taken by deposition or for documents to be produced, the subpoena shall so
				state and shall advise the deponent or person subpoenaed that all testimony
				will be under oath. The Commission may authorize its Executive Director to take
				a deposition and have the power to administer oaths.
C. The deponent shall have the opportunity to
				review and sign depositions taken pursuant to this rule.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 2 - COMPLIANCE AND ENFORCEMENT PROCEDURES › Section R2-20-213 - Motions to Quash or Modify a Subpoena

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any person to whom a subpoena is directed
				may, prior to the time specified therein for compliance, but in no event more
				than five days after the date of receipt of such subpoena, apply to the
				Commission to quash or modify such subpoena, accompanying such application with
				a brief statement of the reasons therefore.
B. The Commission may deny the application,
				quash the subpoena or modify the subpoena.
C. The person subpoenaed and the Executive
				Director may agree to change the date, time, or place of a deposition or for
				the production of documents without affecting the force and effect of the
				subpoena, but such agreements shall be confirmed in writing.