reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 2 - COMPLIANCE AND ENFORCEMENT PROCEDURES › Section R2-20-214 - The Probable Cause to Believe Recommendation; Briefing Procedures

Current through Register Vol. 30, No. 28, July 12, 2024
A. Upon completion
				of the investigation conducted pursuant to R2-20-209, the Executive Director
				shall prepare a brief setting forth his or her position on the factual and
				legal issues of the case and containing a recommendation on whether the
				Commission should find probable cause 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 Executive Director
				shall notify each respondent of the recommendation and enclose a copy of his or
				her brief.
C. Within five days from
				receipt of the Executive Director's brief, the respondent may file a brief with
				the Commission setting forth the respondent's position on the factual and legal
				issues of the case.
D. After
				reviewing the respondent's brief, the Executive Director shall promptly advise
				the Commission in writing whether he or she intends to proceed with the
				recommendation or to withdraw the recommendation from Commission consideration.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 2 - COMPLIANCE AND ENFORCEMENT PROCEDURES › Section R2-20-215 - Probable Cause to Believe Finding

Current through Register Vol. 30, No. 28, July 12, 2024
A. If the Commission, after having found
				reason to believe and after following the procedures set forth in R2-20-214,
				determines by an affirmative vote of at least three of its members that there
				is probable cause to believe that a respondent has violated a statute or rule
				over which the Commission has jurisdiction, the Commission shall authorize the
				Executive Director to so notify the respondent by an order, that states the
				nature of the violation, pursuant to A.R.S. §
									16-957.
B. If the Commission finds no probable cause
				to believe that a violation of a statute or rule over which the Commission has
				jurisdiction has occurred or otherwise orders a termination of Commission
				proceedings, it shall authorize the Executive Director to notify both
				respondent and complainant by letter that the proceeding has ended. The
				Executive Director's letter also will inform the parties that the Commission is
				not precluded from taking action on this matter in the future if evidence is
				discovered which may alter the decision of the Commission.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 2 - COMPLIANCE AND ENFORCEMENT PROCEDURES › Section R2-20-216 - Conciliation

Current through Register Vol. 30, No. 28, July 12, 2024
A. Upon a
				Commission finding of probable cause to believe that the respondent has
				violated a statute or rule over which the Commission has jurisdiction, the
				Executive Director shall attempt to settle the matter as authorized by A.R.S. §
									16-957(A)
				 by informal methods of administrative
				settlement or conciliation, and shall attempt to reach a tentative conciliation
				agreement with the respondent.
B. A
				conciliation agreement pursuant to subsection (A) of this Section is not
				binding upon either party unless and until it is signed by the respondent and
				by the Executive Director upon approval by the affirmative vote of at least
				three members of the Commission.
C.
				If a conciliation agreement is reached between the Commission and the
				respondent, the Executive Director shall send a copy of the signed agreement to
				both complainant and respondent.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 2 - COMPLIANCE AND ENFORCEMENT PROCEDURES › Section R2-20-217 - Enforcement Proceedings

Current through Register Vol. 30, No. 28, July 12, 2024
A. Upon a
				finding of probable cause that the alleged violator remains out of compliance,
				the Executive Director may recommend to the Commission that the Commission
				authorize the issuance of an order and assessment of civil penalties pursuant
				to A.R.S. §
									16-957(B).
B. The Commission may, by an affirmative vote
				of at least three of its members, authorize the Executive Director to issue an
				order and assess civil penalties pursuant to A.R.S. §
									16-957(B).
C. Subsections (A) and (B) of this rule shall
				not preclude the Commission, upon request of a respondent, from entering into a
				conciliation agreement pursuant to R2-20-216 even after the Commission
				authorizes the Executive Director to issue an order and assess civil penalties
				pursuant to subsection (B). Any conciliation agreement reached under this
				subsection is subject to the provisions of R2-20-216(B) and shall have the same
				force and effect as a conciliation agreement reached under R2-20-216(D).
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 2 - COMPLIANCE AND ENFORCEMENT PROCEDURES › Section R2-20-220 - Ex Parte Communications

Current through Register Vol. 30, No. 28, July 12, 2024
A. In order to
				avoid the possibility of prejudice, real or apparent, to the public interest in
				enforcement actions pending before the Commission pursuant to its compliance
				procedures, except to the extent required for the disposition of ex parte
				matters as required by law (for example, during the normal course of an
				investigation or a conciliation effort), no interested person outside the
				agency shall make or cause to be made to any Commissioner or any member of any
				Commission staff any ex parte communication relative to the factual or legal
				merits of any enforcement action, nor shall any Commissioner or member of the
				Commission's staff make or entertain any such ex parte
				communications.
B. This rule shall
				apply from the time a complaint is filed with the Commission or from the time
				that the Commission determines on the basis of information ascertained in the
				normal course of its statutory responsibilities that it has reason to believe
				that a violation of a statute or rule over which the Commission has
				jurisdiction has occurred or may occur, and remains in force until the
				Commission has finally concluded all action with respect to the matter in
				question.
C. Nothing in this
				Section shall be construed to prohibit contact between a respondent or
				respondent's attorney and any staff member or other authorized representative
				of the Commission or the Commission staff in the course of representing the
				Commission or the respondent with respect to an enforcement proceeding or civil
				action. No statement made by a Commission representative or staff member shall
				bind or estop the Commission.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 2 - COMPLIANCE AND ENFORCEMENT PROCEDURES › Section R2-20-221 - Representation by Counsel; Notification

Current through Register Vol. 30, No. 28, July 12, 2024
A. If a respondent wishes to be represented
				by counsel with regard to any matter pending before the Commission, respondent
				shall so advise the Commission by sending a letter of representation signed by
				the respondent, which letter shall state the following:
1. The name, address, and telephone number of
				the counsel; and
2. A statement
				authorizing such counsel to receive any and all notifications and other
				communications from the Commission on behalf of respondent.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 2 - COMPLIANCE AND ENFORCEMENT PROCEDURES › Section R2-20-222 - Civil Penalties

Current through Register Vol. 30, No. 28, July 12, 2024
AIf the
				Commission has reason to believe by a preponderance of the evidence that a
				participating cand idate is not in com- pliance with the Act or Commission
				rules, then in addition to other penalties under law, the Commiss ion may
				decertify a candidate, deny or suspend funding, order repayment of funds, or
				impose a penalty not to exceed $1,0 00 for a participat- ing candidate for the
				legislature and $5,000 for a participating candidate for statewide
				office.
BIf the Commission has
				reason to believe by a preponderance of the evidence that a person other than a
				participating candi- date is not in compliance with the Act or Commission
				rules, then in addition to other penalties unde r law, the Commission may
				impose a penalty not to exceed $1,000.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 2 - COMPLIANCE AND ENFORCEMENT PROCEDURES › Section R2-20-223 - Notice of Appealable Agency Action

Current through Register Vol. 30, No. 28, July 12, 2024
If the Commission makes a probable cause finding pursuant to
				  R2-20-215 or decides to initiate an
				  enforcement proceeding pursuant to
				  R2-20-217, any person authorized to
				  provide legal services on behalf of the Commission shall draft and serve notice
				  of an appealable agency action pursuant to A.R.S. §
									41-1092.03 and §
									41-1092.04 on the respondent. The
				  notice shall identify the following:
1. The statute or rule violated and specific
				facts constituting the violation;
2. A description of the respondent's right to
				request a hearing and to request an informal settlement conference;
				and
3. A description of what the
				respondent may do if the respondent wishes to remedy the situation without
				appealing the Commission's decision.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 2 - COMPLIANCE AND ENFORCEMENT PROCEDURES › Section R2-20-224 - Request for an Administrative Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. The respondent must be file a request for
				a hearing with the Commission within 30 days of receipt of the notice
				prescribed in R2-20-223.
B. If the
				respondent requests a hearing, the AAG shall notify the Office of
				Administrative Hearings (OAH) of the appeal and shall coordinate a hearing date
				with the Commission's AAG and Commission staff that may be called as witnesses
				and OAH. The hearing must be held within 60 days after the notice of appeal is
				filed with the Commission.
C. The
				AAG shall prepare and serve a notice of hearing on all parties to the appeal at
				least 30 days before the hearing date, unless and expedited hearing is
				requested and granted. The notice of hearing shall be drafted in accordance
				with A.R.S. § 41-1092.05(D).
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 2 - COMPLIANCE AND ENFORCEMENT PROCEDURES › Section R2-20-225 - Informal Settlement Conference

Current through Register Vol. 30, No. 28, July 12, 2024
A. If the respondent requests an informal
				settlement conference, the informal settlement conference shall be held within
				15 days after the Commission receives the request. A request for an informal
				settlement conference shall be in writing and must be filed with the Commission
				no later than 20 days before the hearing date. A person with the authority to
				act on behalf of the Commission must represent the Commission at the
				conference. The AAG shall attend the settlement conference, but shall not be
				the individual authorized to act on behalf of the Commission.
B. The Commission representative shall notify
				the appellant in writing that the statements, either written or oral, made by
				the appellant at the conference, including a written document, created or
				expressed solely for the purpose of settlement negotiations, are inadmissible
				in any subsequent administrative hearing. The parties participating in the
				settlement conference waive their right to object to the participation of the
				agency representative in the final administrative decision.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 2 - COMPLIANCE AND ENFORCEMENT PROCEDURES › Section R2-20-226 - Administrative Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. If the
				matter continues to a hearing, the hearing shall be held in accordance with
				A.R.S. §
									41-1092.07.
				The Administrative Law Judge (ALJ) must issue a written recommended decision
				within 20 days after the hearing is concluded.
B. If the enforcement action occurs within
				six months of the primary or general election, the Commission will request an
				expedited review of the matter
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 2 - COMPLIANCE AND ENFORCEMENT PROCEDURES › Section R2-20-227 - Review of Administrative Decision by Commission

Current through Register Vol. 30, No. 28, July 12, 2024
A. Within 30 days after the date OAH sends a
				copy of the ALJ's decision to the Commission, the Commission may review the
				ALJ's decision and accept, reject or modify the decision.
B. If the Commission declines to review the
				ALJ's decision, the Commission shall serve a copy of the decision on all
				parties. If the Commission modifies or rejects the decision, the Commission
				shall file with OAH and serve on all parties, a copy of the ALJ's decision with
				the rejection or modification and a written justification setting forth the
				reasons for the rejection or modification. If the Commission accepts, rejects
				or modifies the decision, the Commission's decision will be certified as
				final.
C. If the Commission does
				not accept, reject or modify the decision within 30 days after OAH sends the
				ALJ's decision to the Commission, the ALJ's decision will be certified as
				final.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 2 - COMPLIANCE AND ENFORCEMENT PROCEDURES › Section R2-20-228 - Judicial Review

Current through Register Vol. 30, No. 28, July 12, 2024
A party may appeal a final administrative decision pursuant
				  to A.R.S. §
									12-901 et
				  seq. (Judicial Review of Administrative Decisions). A party does not have the
				  right to judicial review unless that party first exhausts its administrative
				  remedies by going through the above steps. After a hearing has been held and a
				  final administrative decision has been entered pursuant to §
									41-1092.08,
				  a party is not required to file a motion for rehearing or review of the
				  decision in order to exhaust the party' s administrative remedies.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 3 - STANDARD OF CONDUCT FOR COMMISSIONERS AND EMPLOYEES › Section R2-20-301 - Purpose and Applicability

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Commission is committed to implementing the Act in an honest, independent, and
				impartial fashion and to seeking to uphold public confidence in the integrity
				of the electoral system. To ensure public trust in the fairness and integrity
				of the Arizona elections process, all Commissioners and employees must observe
				the highest standards of conduct. This Article prescribes standards of ethical
				conduct for Commissioners and employees of the Commission relating to conflicts
				of interest arising from outside employment, private businesses, professional
				activities, political activities, and financial interests. The avoidance of
				misconduct and conflicts of interest on the part of the Commissioners and the
				employees through informed judgment is indispensable to the maintenance of
				these prescribed ethical standards. Attainment of these goals necessitates
				strict and absolute fairness and impartiality in the administration of the
				law.
B. This Article applies to all
				persons included within the terms "employee" and "Commissioner" of the
				Commission.
C. These Standards of
				Conduct shall be construed in accordance with any applicable laws, regulations,
				and agreements between the Commission and a labor organization.
D. Pursuant to A.R.S. §
									16-955(I),
				for three years after a Commissioner completes his or her tenure, Commissioners
				shall not seek or hold any public office, serve as an officer of any political
				committee, or employ or be employed as a lobbyist.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 3 - STANDARD OF CONDUCT FOR COMMISSIONERS AND EMPLOYEES › Section R2-20-302 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
The following terms apply in all Citizens Clean Elections Act
				  matters:
1. "Commission" means the Citizens Clean Elections Commission
				  of Arizona.
2. "Commissioner" means a voting member of the Commission,
				  appointed pursuant to A.R.S. §
									16-955.
3. "Conflict of interest" means a situation in which a
				  Commissioner's or an employee's private interest is or appears to be
				  inconsistent with the efficient and impartial conduct of his or her official
				  duties and responsibilities.
4. "Employee" means an employee or staff member of the
				  Commission.
5. "Former employee" means one who was, and is no longer, an
				  employee of the Commission.
6. "Official responsibility" means the direct administrative
				  or operating authority, whether intermediate or final, to approve, disapprove,
				  or otherwise direct Commission action. Official responsibility may be exercised
				  alone or with others and either personally or through subordinates.
7. "Outside employment" or "outside activity" means any work,
				  service or other activity performed by a Commissioner or employee other than in
				  the performance of the Commissioner's or employee's official employment duties.
				  It includes such activities as writing and editing, publishing, teaching,
				  lecturing, consulting, self-employment, and other services or work performed,
				  with or without compensation.
8. "Person" means an individual, corporation, company,
				  association, firm, partnership, society, joint stock company, political
				  committee, or other group, organization, or institution.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 3 - STANDARD OF CONDUCT FOR COMMISSIONERS AND EMPLOYEES › Section R2-20-303 - Notification to Commissioners and Employees

Current through Register Vol. 30, No. 28, July 12, 2024
The Executive Director shall provide to each Commissioner and
				  employee of the Commission, upon commencement of his or her term or employment
				  and at least annually thereafter, a copy of this Article and such other
				  information regarding standards of conduct as the Commission and/or applicable
				  law may prescribe.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 3 - STANDARD OF CONDUCT FOR COMMISSIONERS AND EMPLOYEES › Section R2-20-304 - Interpretation and Advisory Service

Current through Register Vol. 30, No. 28, July 12, 2024
Commissioners or employees seeking advice and guidance on
				  questions of conflict of interest and on other matters covered by this Article
				  shall consult with the Commission's Chair or Executive Director. The
				  Commission's Chair or Executive Director shall be consulted prior to the
				  undertaking of any action that might violate this Article governing the conduct
				  of Commissioners or employees.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 3 - STANDARD OF CONDUCT FOR COMMISSIONERS AND EMPLOYEES › Section R2-20-305 - Reporting Suspected Violations

Current through Register Vol. 30, No. 28, July 12, 2024
A. Persons who have
				information that causes them to believe that there has been a violation of a
				statute or a rule set forth in this Article or that a Commissioner should not
				participate in a Commission decision, shall report promptly, in writing, such
				information to the Commission's Chair or Executive Director.
B. When information made available to the
				Commission under subsection (A) indicates a conflict between the interests of a
				Commissioner or employee and the performance of his or her Commission duties,
				the Commissioner or employee shall be provided notice of the conflict issue and
				an opportunity to explain the conflict or appearance of conflict in writing. In
				the case of a Commissioner, the response shall be due five days from the
				issuance of the notice. The Commission's Chair or Executive Director may
				decline to require a response if the claim is clearly meritless and, in such
				event, no response is required. In such cases, the Commission's Chair or
				Executive Director shall state in writing why the claim is clearly meritless
				and provide the writing to the person who provided the information and the
				Commissioner.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 3 - STANDARD OF CONDUCT FOR COMMISSIONERS AND EMPLOYEES › Section R2-20-306 - Disciplinary and Other Remedial Action

Current through Register Vol. 30, No. 28, July 12, 2024
A. A violation of
				this Article by an employee or Commissioner may be cause for remedial action
				or, if the matter involves a Commission employee, disciplinary action, which
				may be in addition to any penalty or enforcement mechanism provided by
				law.
B. When the Commission's
				Executive Director determines that an employee may have or appears to have a
				conflict of interest, the Commission's Executive Director may question the
				employee in the matter and gather other information. The Commission's Executive
				Director and the employee's supervisor shall discuss with the employee possible
				ways of eliminating the conflict or appearance of conflict. If the Commission's
				Executive Director, after consultation with the employee's supervisor,
				concludes that remedial action should be taken, he or she shall refer a
				statement to the Commission containing his or her recommendation for such
				action. The Commission, after consideration of the employee's explanation and
				the results of any investigation, may direct appropriate remedial action as it
				deems necessary.
C. Remedial action
				pursuant to subsection (B) of this Section may include, but is not limited to:
1. Changes in assigned duties;
2. Divestment by the employee of his or her
				conflicting interest;
3.
				Disqualification for particular action; or
4. Disciplinary action.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 3 - STANDARD OF CONDUCT FOR COMMISSIONERS AND EMPLOYEES › Section R2-20-307 - General Prohibited Conduct

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				A Commissioner or employee shall avoid any action whether or not specifically
				prohibited by this Section that might result in, or create the appearance of:
1. Using public office for unlawful private
				gain;
2. Giving favorable or
				unfavorable treatment to any person or organization due to any partisan or
				political consideration;
3.
				Impeding Commission efficiency or economy;
4. Losing impartiality.
5. Making a Commission decision without
				Commission approval; or
6.
				Adversely affecting the confidence of the public in the integrity of the
				Commission.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 3 - STANDARD OF CONDUCT FOR COMMISSIONERS AND EMPLOYEES › Section R2-20-308 - Outside Employment or Activities

Current through Register Vol. 30, No. 28, July 12, 2024
A. A Commissioner or employee shall not
				engage in outside employment that is incompatible with the full discharge of
				his or her duties as a Commissioner or employee.
B. Incompatible outside employment or other
				activities by Commissioners or employees include, but are not limited to:
1. Outside employment or other activities
				that involve illegal activities;
2.
				Outside employment or other activities that would give rise to a real or
				apparent conflict of interest situation even though no violation of a specific
				statutory provision was involved;
3. Acceptance of a fee, compensation, gift,
				payment of expense, or any other thing of monetary value in circumstances where
				acceptance may result in, or create the appearance of, a conflict of
				interest;
4. Outside employment or
				other activities that might bring discredit upon the state or
				Commission;
5. Outside employment
				or other activities that establish relationships or property interests that may
				result in a conflict between the Commissioner's or the employee's private
				interests and official duties;
6.
				Outside employment or other activities which would involve any contractor or
				subcontractor connected with any work performed for the Commission or would
				involve any person or organization in a position to gain advantage in its
				dealings with the state through the Commissioner's or employee's exercise of
				his or her official duties;
7.
				Outside employment or other activities that may be construed by the public to
				be the official acts of the Commission. In any permissible outside employment,
				care shall be taken to ensure that names and titles of Commissioners and
				employees are not used to give the impression that the activity is officially
				endorsed or approved by the Commission or is part of the Commission's
				activities;
8. Outside employment
				or other activities which would involve use by a Commissioner or employee of
				his or her official duty time; use of official facilities, including office
				space, machines, or supplies, at any time; or use of the services of other
				employees during their official duty hours;
9. Outside employment or other activities
				which impair the Commissioner's or employee's mental or physical capacities to
				perform Commission duties and responsibilities in an acceptable manner;
				or
10. Use of information obtained
				as a result of state employment that is not freely available to the general
				public or would not be made available upon request. However, written
				authorization for the use of any such information may be given when the
				Commission determines that such use would be in the public interest.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 3 - STANDARD OF CONDUCT FOR COMMISSIONERS AND EMPLOYEES › Section R2-20-309 - Financial Interests

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Commissioners and employees shall not engage in, directly or indirectly, a
				financial transaction as a result of, or primarily relying on, information
				obtained through the Commissioner's or employee's duties or
				employment.
B. Commissioners and
				employees shall not have a direct or indirect financial interest that conflicts
				substantially, or appears to conflict substantially, with the Commissioner's or
				employee's official duties and responsibilities, except in cases where the
				Commissioner or employee makes full disclosure, and disqualifies himself or
				herself from participating in any decisions, approval, disapproval,
				recommendation, the rendering of advice, investigation, or in any proceeding of
				the Commission in which the financial interest is or appears to be affected.
				Full disclosure by a Commissioner or employee will require that individual to
				submit a written statement to the Executive Director or Chair disclosing the
				particular financial interest which conflicts substantially, or appears to
				conflict substantially, with the Commissioner's or employee's duties and
				responsibilities.
C. Commissioners
				and employees shall disqualify themselves from a proceeding in which the
				Commissioner's or employee's impartiality might reasonably be questioned, such
				as in a situation where the Commissioner or employee knows that he or she, or
				his or her family member, has an interest in the subject matter in controversy
				or is a party to the proceeding, or has any other interest that could be
				substantially affected by the outcome of the proceeding.
D. This Section does not preclude a
				Commissioner or employee from having a financial interest or engaging in
				financial transactions to the same extent as a private citizen not employed by
				the Commission, as long as the Commissioner's or employee's financial interest
				does not conflict with official Commission duties.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 3 - STANDARD OF CONDUCT FOR COMMISSIONERS AND EMPLOYEES › Section R2-20-310 - Political and Organization Activity

Current through Register Vol. 30, No. 28, July 12, 2024
A. Due to the Commission's role in the
				political process, the following restrictions on political activities are
				required:
1. Commissioners and employees
				shall not advocate for the election or defeat of a candidate, nor make
				contributions to a candidate, political party, or political committee subject
				to the jurisdiction of the Commission. Commissioners and employees, however,
				are not prohibited from signing candidate nomination petitions;
2. Commissioners and employees shall not
				provide volunteer or paid services for a candidate, political party, or
				political committee subject to the jurisdiction of the Commission;
				and
3. Commissioners and employees
				not shall display partisan buttons, badges, or other insignia on Commission
				premises.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 3 - STANDARD OF CONDUCT FOR COMMISSIONERS AND EMPLOYEES › Section R2-20-311 - Membership in Associations

Current through Register Vol. 30, No. 28, July 12, 2024
Commissioners or employees who are members of nongovernmental
				  associations or organizations shall avoid activities on behalf of those
				  associations or organizations that are incompatible with their official
				  positions.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 3 - STANDARD OF CONDUCT FOR COMMISSIONERS AND EMPLOYEES › Section R2-20-312 - Use of State Property

Current through Register Vol. 30, No. 28, July 12, 2024
A Commissioner or employee shall not directly or indirectly
				  use, or allow the use of, state property of any kind, including property leased
				  to the state, for other than officially approved activities. Commissioners and
				  employees have a positive duty to protect and conserve state property including
				  equipment, supplies, and other property entrusted or issued to him or her.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 4 - AUDITS › Section R2-20-402 - General

Current through Register Vol. 30, No. 28, July 12, 2024
The Commission may conduct an examination and audit of the
				  receipts, disbursements, debts and obligations of each candidate. In addition,
				  the Commission may conduct other examinations and audits as it deems necessary
				  to carry out the provisions of the Act and regulations. Information obtained
				  pursuant to any audit and examination may be used by the Commission as the
				  basis, or partial basis, for its repayment determinations.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 4 - AUDITS › Section R2-20-402.01 - Audits of Participating Legislative Candidates

Current through Register Vol. 30, No. 28, July 12, 2024
To ensure compliance with the Act and Commission rules, the
				  Commission shall conduct audits of all participating legislative candidates
				  after each election. Candidates who win their primary election will not be
				  subject to an audit until after the general election. Audits shall include the
				  review of campaign finance reports for the entire election cycle and related
				  documentation in accordance with procedures established by the Commission. The
				  Commission may hire independent accounting firms to carry out the
				  audits.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 4 - AUDITS › Section R2-20-402.02 - Audits of Participating Statewide Candidates

Current through Register Vol. 30, No. 28, July 12, 2024
All participating statewide candidates shall be audited after
				  each primary election period and each general election period.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 4 - AUDITS › Section R2-20-403 - Conduct of Fieldwork

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Commission will provide the candidate two days notice of the Commission's
				intention to commence fieldwork on the audit and examination. The Commission
				will conduct fieldwork at a site provided by the candidate. During or after
				fieldwork, the Commission may request additional or updated information, which
				expands the coverage dates of information previously provided. During or after
				fieldwork, the Commission may also request additional information that was
				created by or becomes available to the candidate that is of assistance in the
				Commission's audit. The candidate shall produce the additional or updated
				information no later than two days after service of the Commission's
				request.
B. On the date scheduled
				for the commencement of fieldwork, the candidate shall facilitate the
				examination or audit by making records available in one central location, such
				as the Commission's office space, or shall provide the Commission with office
				space and records. The candidate shall be present at the site of the fieldwork.
				The candidate shall be familiar with the candidate's records and shall be
				available to the Commission to answer questions and to aid in locating
				records.
C. If the candidate fails
				to provide adequate office space, personnel or records, the Commission may seek
				judicial intervention to enforce the request or assess other
				penalties.
D. If, in the course of
				the examination or audit process, a dispute arises over the documentation
				sought, the candidate may seek review by the Commission of the issues raised.
				To seek review, the candidate shall submit a written statement within five days
				after the disputed Commission request is made, describing the dispute and
				indicating the candidate's proposed alternatives.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 4 - AUDITS › Section R2-20-404 - Preliminary Audit Report

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				After the completion of fieldwork, the auditors may prepare a written
				preliminary audit report, which will be provided to the candidate after it is
				reviewed by the Executive Director. The preliminary audit report may include:
1. An evaluation of procedures and systems
				employed by the candidate to comply with applicable provisions of the Act and
				Commission rules,
2. The accuracy
				of statements and campaign finance reports filed with the Secretary of State by
				the candidate, and
3. Preliminary
				findings.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 4 - AUDITS › Section R2-20-405 - Final Audit Report

Current through Register Vol. 30, No. 28, July 12, 2024
A. Before
				voting on whether to approve and issue a final audit report, the Commission
				will consider any written legal and factual materials timely submitted by the
				candidate in accordance with R2-20-404. The Commission-approved final audit
				report may address issues other than those contained in the preliminary audit
				report.
B. The final audit report
				may identify issues that warrant referral for possible enforcement
				proceedings.
C. Addenda to the
				final audit report may be approved and issued by the Commission from time to
				time as circumstances warrant and as additional information becomes available.
				Such addenda may be based on follow-up fieldwork conducted, or information
				ascertained by the Commission in the normal course of carrying out its
				responsibilities. The procedures set forth in R2-20-404 and subsections (A) and
				(B) will be followed in preparing such addenda.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 4 - AUDITS › Section R2-20-406 - Release of Audit Report

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Commission will consider the final audit report specified in R2-20-405 in an
				open meeting. The Commission will provide the candidate with copies of the
				final audit report to be considered in an open meeting 24 hours prior to the
				public meeting.
B. Following
				Commission approval of the final audit report, the report will be forwarded to
				the candidate within five days after the public meeting.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 5 - RULEMAKING › Section R2-20-501 - Purpose and Scope

Current through Register Vol. 30, No. 28, July 12, 2024
This Article prescribes the procedures for the submission,
				  consideration, and disposition of rulemaking petitions filed with the
				  Commission, establishes the conditions under which the Commission may identify
				  and respond to petitions for rulemaking, and informs the public of the
				  procedures the agency follows in response to such petitions.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 5 - RULEMAKING › Section R2-20-502 - Procedural Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any
				interested person may file with the Commission a written petition for the
				issuance, amendment, or repeal of an administrative rule implementing any of
				the Citizens Clean Elections Act.
B. The petition shall:
1. Include the name and address of the
				petitioner or agent. An authorized agent of the petitioner may submit the
				petition, but the agent shall disclose the identity of his or her
				principal;
2. Identify itself as a
				petition for the issuance, amendment, or repeal of a rule;
3. Identify the specific Section of the
				regulations to be affected;
4. Set
				forth the factual and legal grounds on which the petitioner relies, in support
				of the proposed action; and
5. Be
				addressed and submitted to the Commission.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 5 - RULEMAKING › Section R2-20-503 - Processing of Petitions

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Within 10 days of receiving a petition, the Commission shall send a letter to
				the petitioner acknowledging the receipt of the petition and informing the
				petitioner that the Commission will review and decide whether to deny or accept
				the petition. To assist in determining whether a rulemaking proceeding should
				be initiated, the Commission may publish a Notice of Availability on the
				Commission web site or otherwise post notice, stating that the petition is
				available for public inspection in the Commission's Office and that statements
				in support of or in opposition to the petition may be filed within a stated
				period after publication of the Notice of Availability.
B. If the Commission decides a public hearing
				on the petition would help determine whether to commence a rulemaking
				proceeding, it will publish an appropriate notice of the hearing on the
				Commission web site or otherwise post notice, to notify interested persons and
				to invite their participation in the hearing.
C. The Commission will consider all comments
				regarding whether rulemaking proceedings should be initiated.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 5 - RULEMAKING › Section R2-20-504 - Disposition of Petitions

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				After considering the comments and any other information relevant to the
				subject matter of the petition, the Commission will decide whether to initiate
				rulemaking based on the filed petition.
B. If the Commission decides to initiate
				rulemaking proceedings, it shall file a Notice of Proposed Rulemaking and the
				pro-posed rule, in the format prescribed in A.R.S. §
									41-1022,
				with the Secretary of State's office for publication in the Arizona
				Administrative Register. After the Commission approves the proposed rule, the
				Commission will accept public comments on the proposed rule for 60 days. After
				consideration of the comments received in the 60-day comment period, the
				Commission may adopt the rule in open meeting.
C. If the Commission decides not to initiate
				rulemaking, it will give notice of this action by publishing a Notice of
				Disposition on the Commission web site, or otherwise post notice, and by
				sending a letter to the petitioner. The Notice of Disposition will include a
				brief statement of the grounds for the Commission's decision.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 5 - RULEMAKING › Section R2-20-505 - Commission Considerations

Current through Register Vol. 30, No. 28, July 12, 2024
The Commission's decision on the petition for rulemaking may
				  include, but will not be limited to, the following considerations:
1. The Commission's statutory
				authority;
2. Policy
				considerations;
3. The desirability
				of proceeding on a case-by-case basis;
4. The necessity or desirability of statutory
				revision;
5. Available agency
				resources; and
6. Substantive
				policy statements.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 5 - RULEMAKING › Section R2-20-506 - Administrative Record

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Commission record for the petition process consists of the following:
1. The petition, including all attachments on
				which it relies, filed by the petitioner;
2. Written comments on the petition that have
				been circulated to and considered by the Commission, including attachments
				submitted as a part of the comments;
3. Agenda documents, in the form they are
				circulated to and considered by the Commission in the course of the petition
				process;
4. All notices published
				on the Commission web site and in the Arizona Administrative Register,
				including the Notice of Availability and Notice of Disposition;
5. The transcripts or audiotapes of any
				public hearing on the petition;
6.
				All correspondence between the Commission and the petitioner, other
				commentators and state agencies pertaining to Commission consideration of the
				petition; and
7. The Commission's
				decision on the petition, including all documents identified or filed by the
				Commission as part of the record relied on in reaching its final
				decision.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 6 - EX PARTE COMMUNICATIONS › Section R2-20-601 - Purpose and Scope

Current through Register Vol. 30, No. 28, July 12, 2024
This Article prescribes procedures for handling ex parte
				  communications made regarding Commission audits, investigations, and
				  litigation. Rules governing such communications made in connection with
				  Commission enforcement actions are found at
				  R2-20-220.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 6 - EX PARTE COMMUNICATIONS › Section R2-20-602 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
A. "Ex parte communication" means any written or oral
				  communication, by any person outside the agency to any Commissioner or any
				  employee, which imparts information or argument regarding prospective
				  Commission action or potential action concerning:
1. Any ongoing audit;
2. Any pending investigation; or
3. Any litigation matter.
B. "Ex parte communication" does not include the following
				  communications:
1. Public statements by any person in a public forum;
				  or
2. Statements or inquiries by any person limited to the
				  procedural status of an open proceeding involving a Commission audit,
				  investigation, or litigation matter.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 6 - EX PARTE COMMUNICATIONS › Section R2-20-603 - Audits, Investigations, and Litigation

Current through Register Vol. 30, No. 28, July 12, 2024
A. In order to avoid the possibility of
				prejudice, real or apparent, in Commission decision making, no person outside
				the Commission shall make, or cause to be made, to any Commissioner or
				employee, any ex parte communication regarding any audit undertaken by the
				Commission or any pending or prospective Commission decision regarding any
				investigation or litigation, including whether to initiate, settle, appeal, or
				any other decision concerning an investigation or litigation matter.
B. A Commissioner or employee who receives an
				oral ex parte communication concerning any matters addressed in subsection (A)
				of this Section shall attempt to prevent the communication. If unsuccessful in
				preventing the communication, the Commissioner or employee shall advise the
				person making the communication that he or she will not consider the
				communication and shall, as soon after the communication as is reasonably
				possible, but no later than three business days after the communication, or
				prior to the next Commission discussion of the matter, whichever is earlier,
				prepare a statement setting forth the substance and circumstances of the
				communication, and deliver the statement to the Executive Director for
				placement in the applicable case file.
C. A Commissioner or employee who receives a
				written ex parte communication concerning any matters addressed in subsection
				(A) of this Section shall, as soon after the communication as is reasonably
				possible but no later than three business days after the communication, or
				prior to the next Commission discussion of the matter, whichever is earlier,
				deliver a copy of the communication to the Executive Director for placement in
				the applicable case file.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 20 - CITIZENS CLEAN ELECTIONS COMMISSION › Article 6 - EX PARTE COMMUNICATIONS › Section R2-20-604 - Sanctions

Current through Register Vol. 30, No. 28, July 12, 2024
Any person who becomes aware of a possible violation of this
				  Article shall notify the Executive Director in writing of the facts and
				  circumstances of the alleged violation. The Executive Director shall recommend
				  to the Commission the appropriate action to be taken. The Commission shall
				  determine the appropriate action by at least three votes.