reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 10 - LAW › Chapter 2 - ATTORNEY GENERAL - FAIR HOUSING › Article 1 - FAIR HOUSING › Section R10-2-106 - Interference, Coercion, or Intimidation

Current through Register Vol. 30, No. 28, July 12, 2024
Conduct prohibited by A.R.S. §
									41-1491.18
				  includes the following:
1. Coercing a
				person, either orally, in writing, or by other means, to deny or limit the
				benefits provided that person in connection with the sale or rental of a
				dwelling or in connection with a residential real estate-related transaction
				because of race, color, religion, sex, handicap, familial status, or national
				origin;
2. Threatening,
				intimidating, or interfering with a person in the enjoyment of a dwelling
				because of the race, color, religion, sex, handicap, familial status, or
				national origin of the person, or of visitors or associates of the
				person;
3. Threatening an employee
				or agent with dismissal or an adverse employment action, or taking such adverse
				employment action, for any effort to assist a person seeking access to the sale
				or rental of a dwelling or seeking access to any residential real
				estate-related transaction, because of the race, color, religion, sex,
				handicap, familial status, or national origin of that person or of any person
				associated with that person;
4.
				Intimidating or threatening any person because that person is engaging in
				activities designed to make other persons aware of, or encouraging other
				persons to exercise, rights granted or protected by the Act; and
5. Retaliating against any person because
				that person has made a complaint, testified, assisted, or participated in any
				manner in a proceeding under the Act.
Arizona Administrative Code › Title 10 - LAW › Chapter 2 - ATTORNEY GENERAL - FAIR HOUSING › Article 1 - FAIR HOUSING › Section R10-2-107 - General Prohibitions Against Discrimination Because of Handicap

Current through Register Vol. 30, No. 28, July 12, 2024
It is unlawful under A.R.S. §
									41-1491.19
				  to make an inquiry to determine whether an applicant for a dwelling, a person
				  intending to reside in a dwelling after it is sold, rented, or made available,
				  or any person associated with that person, has a handicap or to make inquiry as
				  to the nature or severity of a handicap of such a person. Neither the Act nor
				  this Article prohibits the following inquiries, provided these inquiries are
				  made of all applicants, whether or not they have handicaps:
1. Inquiry into an applicant's ability to
				meet the bona fide requirements of ownership or tenancy;
2. Inquiry to determine whether an applicant
				is qualified for a dwelling available only to persons with handicaps or to
				persons with a particular type of handicap;
3. Inquiry to determine whether an applicant
				for a dwelling is qualified for a priority available to persons with handicaps
				or to persons with a particular type of handicap;
4. Inquiring whether an applicant for a
				dwelling is a current illegal drug abuser or addict of a controlled substance;
				and
5. Inquiring whether an
				applicant has been convicted of the illegal manufacture or distribution of a
				controlled substance.
Arizona Administrative Code › Title 10 - LAW › Chapter 2 - ATTORNEY GENERAL - FAIR HOUSING › Article 1 - FAIR HOUSING › Section R10-2-108 - Reasonable Modifications of Existing Premises

Current through Register Vol. 30, No. 28, July 12, 2024
A. The landlord may not increase for
				handicapped persons the customarily required security deposit; however, to
				ensure that funds will be available to pay for the restorations at the end of
				the tenancy, the landlord may negotiate as part of such a restoration agreement
				a provision requiring that the tenant pay into an interest-bearing escrow
				account, over a reasonable period, an amount of money not to exceed the cost of
				the restorations. The interest in any such account shall accrue to the benefit
				of the tenant.
B. A landlord may
				condition permission for a modification on the renter providing a description
				of the proposed modifications as well as assurances that the work will be done
				in a workmanlike manner and that any required building permits will be
				obtained.
C. When an interior
				modification will not interfere with the landlord's, or a subsequent tenant's
				use and enjoyment of the premises, the landlord shall not require the tenant to
				remove the alteration at the end of the lease, or condition approval of a
				modification on the tenant paying for the restoration of the property at the
				conclusion of the lease.
Arizona Administrative Code › Title 10 - LAW › Chapter 2 - ATTORNEY GENERAL - FAIR HOUSING › Article 1 - FAIR HOUSING › Section R10-2-109 - Design and Construction Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
A. Covered multifamily dwellings for first
				occupancy after March 13, 1991, shall be designed and constructed to have at
				least one building entrance on an accessible route unless it is impractical to
				do so because of the terrain or unusual characteristics of the site. For
				purposes of this Section, a covered multifamily dwelling shall be deemed to be
				designed and constructed for first occupancy on or before March 13, 1991, if
				the dwelling is occupied by that date, or if the certificate of occupancy was
				issued, or a building permit or renewal for the dwelling was issued by a state,
				county, or local government before March 13, 1991. The burden of establishing
				impracticality because of terrain or unusual site characteristics is on the
				person or persons who owns or contracted for the construction of the housing
				facility.
B. All covered
				multifamily dwellings for first occupancy after March 13, 1991, with a building
				entrance on an accessible route shall have:
1.
				Public and common-use areas, if any, that are readily accessible to and usable
				by handicapped persons;
2. All
				doors into and throughout the premises that are sufficiently wide to allow
				passage of handicapped persons in wheelchairs; and
3. The following features of adaptable
				design:
a. An accessible route into and
				through the covered dwelling unit;
b. Light switches, electrical outlets,
				thermostats, and other environmental controls in accessible
				locations;
c. Reinforcements in
				bathroom walls to allow later installation of grab bars around the toilet, tub,
				shower stall, and shower seat where such facilities are provided; and
d. Kitchens and bathrooms that permit an
				individual in a wheelchair to maneuver about the space.
Arizona Administrative Code › Title 10 - LAW › Chapter 2 - ATTORNEY GENERAL - FAIR HOUSING › Article 1 - FAIR HOUSING › Section R10-2-110 - Discrimination in the Making of Loans and in the Provision of Other Financial Assistance

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Conduct prohibited by A.R.S. §
									41-1491.20
				includes:
1. Failing or refusing to provide
				to any person in connection with a residential real estate-related transaction
				information regarding the availability of loans or other financial assistance,
				application requirements, procedures, or standards for the review and approval
				of loans or financial assistance, or providing information which is inaccurate
				or different from that provided others, because of race, color, religion, sex,
				handicap, familial status, or national origin;
2. Purchasing loans or other debts or
				securities which relate to, or which are secured by dwellings in certain
				communities or neighborhoods but not in others because of the race, color,
				religion, sex, handicap, familial status, or national origin of persons in such
				neighborhoods or communities;
3.
				Pooling or packaging loans or other debts or securities which relate to, or
				which are secured by, dwellings differently because of race, color, religion,
				sex, handicap, familial status, or national origin; and
4. Imposing or using different terms or
				conditions in the marketing or sale of securities issued on the basis of loans
				or other debts or securities which relate to, or which are secured by dwellings
				because of race, color, religion, sex, handicap, familial status, or national
				origin.
Arizona Administrative Code › Title 10 - LAW › Chapter 2 - ATTORNEY GENERAL - FAIR HOUSING › Article 1 - FAIR HOUSING › Section R10-2-111 - Discrimination in the Provision of Brokerage Services

Current through Register Vol. 30, No. 28, July 12, 2024
Conduct prohibited by A.R.S. §
									41-1491.21
				  includes:
1. Setting different fees
				for access to or membership in a multiple listing service because of race,
				color, religion, sex, handicap, familial status, or national origin;
2. Denying or limiting benefits accruing to
				members in a real estate brokers' organization because of race, color,
				religion, sex, handicap, familial status, or national origin;
3. Imposing different standards or criteria
				for membership in a real estate sales or rental organization because of race,
				color, religion, sex, handicap, familial status, or national origin;
				and
4. Establishing geographic
				boundaries or office location or residence requirements for access to or
				membership or participation in any multiple listing service, real estate
				brokers' organization or other service, organization or facility relating to
				the business of selling or renting dwellings, because of race, color, religion,
				sex, handicap, familial status, or national origin.
Arizona Administrative Code › Title 10 - LAW › Chapter 2 - ATTORNEY GENERAL - FAIR HOUSING › Article 1 - FAIR HOUSING › Section R10-2-112 - Discrimination in Advertising

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The prohibitions in this Section apply to all written or oral notices or
				statements by a person engaged in the sale or rental of a dwelling. Written
				notices and statements include any applications, flyers, brochures, deeds,
				signs, banners, posters, billboards, or any other documents used with respect
				to the sale or rental of a dwelling.
B. Discriminatory notices, statements, and
				advertisements include:
1. Using words,
				phrases, photographs, illustrations, symbols, or forms which convey that
				dwellings are available or not available to a particular group of persons
				because of race, color, religion, sex, handicap, familial status, or national
				origin;
2. Expressing to agents,
				brokers, employees, prospective sellers or renters, or any other persons a
				preference for or limitation on any purchaser or renter because of race, color,
				religion, sex, handicap, familial status, or national origin of such
				persons;
3. Selecting media or
				locations for advertising the sale or rental of dwellings which deny particular
				segments of the housing market information about housing opportunities because
				of race, color, religion, sex, handicap, familial status, or national
				origin;
4. Refusing to publish
				advertising for the sale or rental of dwellings or requiring different charges
				or terms for such advertising because of race, color, religion, sex, handicap,
				familial status, or national origin.
Arizona Administrative Code › Title 10 - LAW › Chapter 2 - ATTORNEY GENERAL - FAIR HOUSING › Article 1 - FAIR HOUSING › Section R10-2-113 - Selective Use of Advertising Media or Content

Current through Register Vol. 30, No. 28, July 12, 2024
The selective use of advertising media or content in
				  particular combinations used exclusively for a housing development or site
				  which leads to discriminatory results is a violation of the Act. In determining
				  whether a media advertising campaign is violative of the Fair Housing Act, the
				  Attorney General shall consider the following factors:
1. The use of English media alone or the
				exclusive use of media catering to the majority population in an area when, in
				the area, there are also available non-English or other minority media;
				and
2. The selective use of human
				models which primarily cater to one racial, sexual, or national origin segment
				of the population without a complementary advertising campaign that is directed
				at other groups.
Arizona Administrative Code › Title 10 - LAW › Chapter 2 - ATTORNEY GENERAL - FAIR HOUSING › Article 1 - FAIR HOUSING › Section R10-2-114 - Fair Housing Policy and Practices

Current through Register Vol. 30, No. 28, July 12, 2024
In the investigation of complaints, the Attorney General
				  shall consider the following as evidence of compliance with the prohibitions
				  against discrimination in advertising under the Act.
1. Use of Equal Housing Opportunity logotype,
				statement, or slogan. All advertising of residential real estate for sale,
				rent, or financing shall contain an equal housing opportunity logotype,
				statement, or slogan as a means of educating the home-seeking public that the
				property is available to all persons regardless of race, color, religion, sex,
				handicap, familial status, or national origin.
2. Use of human models. Human models in
				photographs, drawings, or other graphic techniques shall not be used to
				indicate exclusiveness because of race, color, religion, sex, handicap,
				familial status, or national origin. If models are used in display advertising
				campaigns, the models shall be clearly definable as reasonably representing
				majority and minority groups in the metropolitan area, both sexes, and, when
				appropriate, families with children. Models, if used, shall portray persons in
				an equal social setting and indicate to the general public that the housing is
				open to all without regard to race, color, religion, sex, handicap, familial
				status, or national origin, and is not for the exclusive use of one such
				group;
3. Coverage of local laws.
				Whether the advertisement includes a statement regarding the coverage of any
				local fair housing or human rights ordinance prohibiting discrimination in the
				sale, rental, or financing of dwellings; and
4. Notification of fair housing policy.
a. Employees. Whether the publisher of the
				advertisement, the advertising agency, and the firm engaged in the sale,
				rental, or financing of real estate provided a printed copy of their
				nondiscrimination policy to each employee and officer.
b. Clients. Whether the publishers of the
				advertisement and the advertising agency posted a copy of their
				nondiscrimination policy in a conspicuous location wherever persons place
				advertising and have copies available for all firms and persons using its
				advertising services.
c.
				Publishers' notice. Whether the publisher published at the beginning of the
				real estate advertising section a statement regarding the coverage of any local
				fair housing or human rights ordinance prohibiting discrimination in the sale,
				rental, or financing of dwellings.
Arizona Administrative Code › Title 10 - LAW › Chapter 2 - ATTORNEY GENERAL - FAIR HOUSING › Article 1 - FAIR HOUSING › Section R10-2-116 - Amendment of Complaints

Current through Register Vol. 30, No. 28, July 12, 2024
Complaints may be amended at any time. Amendments may be
				  used:
1. To cure technical defects or
				omissions, including failure to sign or affirm a complaint;
2. To clarify or amplify the allegations in a
				complaint; or
3. To join additional
				or substitute respondents or aggrieved persons as complainants. Except for the
				purpose of notifying new respondents under
				R10-2-118,
				amended complaints shall be considered as having been made as of the original
				filing date.
Arizona Administrative Code › Title 10 - LAW › Chapter 2 - ATTORNEY GENERAL - FAIR HOUSING › Article 1 - FAIR HOUSING › Section R10-2-117 - Notification to the Complainant

Current through Register Vol. 30, No. 28, July 12, 2024
Upon the filing of a complaint, the Attorney General shall
				  serve a notice upon each complainant on whose behalf the complaint was filed.
				  The notice shall:
1. Acknowledge the
				filing of the complaint and state the date that the complaint was accepted for
				filing;
2. Include a copy of the
				complaint;
3. Advise the
				complainant of the time limits applicable to complaint processing and of the
				procedural rights and obligations of the aggrieved person under this
				Article;
4. Advise the complainant
				of his or her right to commence a civil action under A.R.S. §
									41-1491.31 in an
				appropriate court, not later than two years after the occurrence or termination
				of the alleged discriminatory housing practice or the breach of a conciliation
				agreement entered into pursuant to A.R.S. §
									41-1491.26. The
				notice shall state that the computation of this two-year period excludes any
				time during which a subpoena enforcement procedure is pending under this
				Article; and
5. Advise the
				complainant that retaliation against the complainant or any other person
				because of the filing of a complaint or because the person testified, assisted,
				or participated in an investigation or conciliation under this Article is a
				discriminatory housing practice that is prohibited by A.R.S. §
				41-1491.18.
Arizona Administrative Code › Title 10 - LAW › Chapter 2 - ATTORNEY GENERAL - FAIR HOUSING › Article 1 - FAIR HOUSING › Section R10-2-118 - Notification of Respondent

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Within 20 days of the filing of a complaint under
				R10-2-115
				or the filing of an amended complaint under
				R10-2-116,
				the Attorney General shall serve a notice on each respondent. A person who is
				not named as a respondent in a complaint but who is identified in the course of
				the investigation as a person who is alleged to be engaged, to have engaged, or
				to be about to engage in the discriminatory housing practice upon which the
				complaint is based may be joined as an additional or substitute respondent by
				service of a notice on the person.
B. The notice shall:
1. Identify the alleged discriminatory
				housing practice upon which the complaint is based and include a copy of the
				complaint;
2. State the date that
				the complaint was accepted for filing;
3. Advise the respondent of the time limits
				to file a response, of the procedural rights and obligations of the respondent,
				and that the response shall be signed and affirmed by the respondent. The
				affirmation must state: "I declare under penalty of perjury that the foregoing
				is true and correct";
4. Advise the
				respondent of the complainant's right to commence a civil action under the Act
				in Arizona Superior Court at any time within two years after the occurrence or
				termination of the alleged discriminatory housing practice or the breach of a
				conciliation agreement entered into pursuant to A.R.S. §
										41-1491.26. The
				notice shall state that the computation of this two-year period excludes any
				time during which a subpoena enforcement procedure is pending under this
				Article with respect to a complaint based on the alleged discriminatory housing
				practice;
5. If the person is not
				named in the complaint but is being joined as an additional or substitute
				respondent, explain the basis for the Attorney General's determination that the
				joined person is properly joined as a respondent; and
6. Advise the respondent that retaliation
				against any person because the person made a complaint or testified, assisted,
				or participated in an investigation or conciliation involving the Act, is a
				discriminatory housing practice that is prohibited under A.R.S. §
										41-1491.18.
Arizona Administrative Code › Title 10 - LAW › Chapter 2 - ATTORNEY GENERAL - FAIR HOUSING › Article 1 - FAIR HOUSING › Section R10-2-119 - Answer to a Complaint

Current through Register Vol. 30, No. 28, July 12, 2024
The respondent may file an answer not later than ten days
				  after receipt of the notice and copy of the complaint described in
				  R10-2-118.
				  The answer shall be signed and affirmed by the respondent. The affirmation
				  shall state: "I declare under penalty of perjury that the foregoing is true and
				  correct".
Arizona Administrative Code › Title 10 - LAW › Chapter 2 - ATTORNEY GENERAL - FAIR HOUSING › Article 1 - FAIR HOUSING › Section R10-2-120 - Investigations

Current through Register Vol. 30, No. 28, July 12, 2024
A. Upon the filing
				of a complaint under R10-2-115, the Attorney General shall initiate an
				investigation to:
1. Obtain information
				concerning the events or transactions that relate to the alleged discriminatory
				housing practice identified in the complaint;
2. Document policies or practices of the
				respondent involved in the alleged discriminatory housing practice arising out
				of the complaint or the investigation of the complaint;
3. Obtain information concerning and document
				policies or practices of housing discrimination which suggest that the
				respondent is currently engaging in other housing practices or policies which
				are in violation of the Act; and
4.
				Develop factual data necessary for the Attorney General to make a determination
				under
				R10-2-124
				whether reasonable cause exists to believe that a discriminatory housing
				practice has occurred or is about to occur, and to take other actions provided
				for under this Act.
Arizona Administrative Code › Title 10 - LAW › Chapter 2 - ATTORNEY GENERAL - FAIR HOUSING › Article 1 - FAIR HOUSING › Section R10-2-122 - Dismissal of Complaints

Current through Register Vol. 30, No. 28, July 12, 2024
The Attorney General may dismiss a complaint alleging an
				  unlawful discriminatory housing practice under the following
				  circumstances:
1. A party or parties
				and the Attorney General have entered into a conciliation agreement relating to
				the complaint;
2. The Attorney
				General has determined that no reasonable cause exists to believe that a
				discriminatory housing practice has occurred or is about to occur;
3. The complainant has failed to cooperate
				with requests by the Attorney General for information necessary to investigate
				the complaint of discrimination, after having received notice that this failure
				to cooperate will result in dismissal of the complaint;
4. The complainant is no longer located at
				the address stated in the complaint of discrimination and the Attorney General
				is unable to locate the complainant, despite reasonable attempts to do
				so;
5. The Attorney General has
				determined that is lacks jurisdiction to investigate the complaint;
				and
6. The Attorney General has
				approved a complainant's request to withdraw the complaint.
Arizona Administrative Code › Title 10 - LAW › Chapter 2 - ATTORNEY GENERAL - FAIR HOUSING › Article 1 - FAIR HOUSING › Section R10-2-123 - Conciliation

Current through Register Vol. 30, No. 28, July 12, 2024
A. During the
				period beginning with the filing of the administrative complaint and ending
				with the issuance of a complaint in superior court or the dismissal of the
				administrative complaint by the Attorney General, the Attorney General shall
				attempt to conciliate the administrative complaint.
B. In conciliating an administrative
				complaint, the Attorney General shall attempt to achieve a just resolution and
				obtain assurances that the respondent will remedy any violations of the rights
				of the aggrieved person and take such action as will assure the elimination of
				discriminatory housing practices, or the prevention of their
				recurrence.
C. Where the rights of
				the aggrieved person and the respondent can be protected, the Attorney General
				may suspend fact finding and engage in efforts to resolve the complaint by
				conciliation.
D. The terms of a
				settlement of an administrative complaint shall be reduced to a written
				conciliation agreement. The conciliation agreement shall seek to protect the
				interests of the aggrieved person, other persons similarly situated, and the
				public interest. The types of relief that may be sought for the aggrieved
				person are described in subsection (F). The provisions that may be sought for
				the vindication of the public interest are described in subsection
				(H).
E. The Attorney General may
				issue a determination under
				R10-2-124
				if the aggrieved person and the respondent have executed a conciliation
				agreement that has not been approved by the Attorney General or its
				agent.
F. The following types of
				relief may be sought (without limitation) for aggrieved persons in
				conciliation:
1. Monetary relief in the form
				of damages, including compensatory damages for out-of-pocket losses, emotional
				distress, humiliation, embarrassment, inconvenience, and lost housing
				opportunity, and punitive damages and attorney fees and costs;
2. Equitable relief, including access to the
				dwelling at issue or to a comparable dwelling, provision of services or
				facilities in connection with a dwelling, reasonable accommodation of handicap,
				or other specific relief; and
3.
				Affirmative relief, including fair housing training, and posting of approved
				fair housing notices or rules, and injunctive relief appropriate to the
				elimination of discriminatory housing practices.
Arizona Administrative Code › Title 10 - LAW › Chapter 2 - ATTORNEY GENERAL - FAIR HOUSING › Article 1 - FAIR HOUSING › Section R10-2-124 - Reasonable Cause Determinations

Current through Register Vol. 30, No. 28, July 12, 2024
If a conciliation agreement under
				  R10-2-123
				  has not been executed and approved by the Attorney General, or the complaint
				  has not otherwise been dismissed pursuant to
				  R10-2-122(C) -
				  (F), the Attorney General shall determine
				  whether reasonable cause exists to believe that a discriminatory housing
				  practice has occurred or is about to occur. Any determination shall be based
				  solely on the facts concerning the alleged discriminatory housing practice
				  provided by complainant and respondent or otherwise disclosed during the
				  investigation. In making this determination, the Attorney General shall
				  consider whether the facts concerning the alleged discriminatory housing
				  practice are sufficient to warrant the initiation of a civil action in Superior
				  Court.
1. If the Attorney General
				determines that reasonable cause exists, the Attorney General shall attempt to
				conciliate the administrative complaint for a period not to exceed 30 days. If
				no conciliation is reached within that period, the Attorney General shall file
				a civil action against the respondent.
2. Nothing in these rules shall prevent the
				Attorney General from filing a civil action prior to the expiration of the
				30-day conciliation period if it appears that conciliation is unlikely to occur
				within 30 days of the issuance of a finding of reasonable cause to believe that
				discrimination has occurred.
3.
				These requirements do not mandate the issuance of a reasonable cause
				determination prior to the filing of an action under A.R.S. §
				41-1491.35.
Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 1 - GENERAL PROVISIONS › Section R10-3-100 - Purpose

Current through Register Vol. 30, No. 28, July 12, 2024
These regulations set forth the procedures established by the
				  Arizona Civil Rights Division for carrying out its responsibilities in the
				  administration and enforcement of the Arizona Civil Rights Act of 1965, as
				  amended. Based upon its experience in the administration of the Arizona Civil
				  Rights Act, and upon its evaluation of suggestions for amendments submitted by
				  interested persons, the Division may from time to time amend and revise these
				  procedures.
Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 1 - GENERAL PROVISIONS › Section R10-3-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
A. The term "Act" shall mean the Arizona Civil Rights Act of
				  1965, as amended.
B. The term "Division" shall mean the Arizona Civil Rights
				  Division, Department of Law, or any of its designated agents.
C. The term "Board" shall mean the Arizona Civil Rights
				  Advisory Board as defined in A.R.S. §
									41-1401.
D. The terms "person", "employment agency", "labor
				  organization", "employer", "Charging Party", "Respondent", and "places of
				  public accommodation" shall have the same meanings as set forth in the
				  Act.
E. The term "Commission" shall mean the United States Equal
				  Employment Opportunity Commission.
Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 1 - GENERAL PROVISIONS › Section R10-3-103 - Confidentiality of charge

Current through Register Vol. 30, No. 28, July 12, 2024
Neither a charge, nor information obtained pursuant to the
				  Act, nor information obtained from records required to be kept or reports
				  required to be filed pursuant to the Act shall be made matters of public
				  information by the Division, prior to the institution of any proceedings in any
				  federal or state court resulting from the charge. This provision does not apply
				  to such earlier disclosures to the Charging Party, Respondent, witnesses and
				  representatives of interested federal and local agencies as may be appropriate
				  or necessary for the carrying out of the Division's functions under the Act,
				  nor to the publication of data derived from such information in the form which
				  does not reveal the identity of the Charging Party, Respondent, or persons
				  supplying the information.
Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 1 - GENERAL PROVISIONS › Section R10-3-104 - Withdrawal of charge

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Prior to the execution of a conciliation agreement, a charge filed by a
				Charging Party may be withdrawn only with the consent of the
				Division.
B. The request for
				withdrawal shall be in writing and shall set forth the reasons for such
				request. The request must be signed by the Charging Party.
Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 1 - GENERAL PROVISIONS › Section R10-3-105 - Pre-determination settlement procedure

Current through Register Vol. 30, No. 28, July 12, 2024
A. At any time subsequent to a preliminary
				investigation and prior to the issuance of findings of fact, the Division or
				its designated agent may engage in pre-determination settlement discussions.
				The Executive Director or an assistant attorney general designated by the
				Director may make and approve settlements, on behalf of the Division.
B. In the alternative, the Division may
				facilitate a settlement between the Charging Party and the Respondent by
				permitting withdrawal of the charge pursuant to R10-3-104.
Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 1 - GENERAL PROVISIONS › Section R10-3-106 - Application for reconsideration; reopening of proceedings

Current through Register Vol. 30, No. 28, July 12, 2024
The Charging Party may apply for reconsideration of dismissal
				  of the charge. The application shall be in writing, under oath, stating
				  specifically the grounds upon which it is based, and shall be filed within 20
				  days from the date of the Charging Party's receipt of the Division's decision.
				  Such application may be granted or denied at the discretion of the Division.
				  The Division, may on its motion, reconsider a dismissal of a charge or any
				  findings of fact it has issued.
Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 1 - GENERAL PROVISIONS › Section R10-3-107 - Posting of Act

Current through Register Vol. 30, No. 28, July 12, 2024
A. Every place
				of public accommodation, employer, employment agency and labor organization or
				person subject to the Act shall post and keep posted in conspicuous places upon
				its premises where notices to patrons, employees, applicants for employment and
				members are customarily posted a notice to be prepared and distributed by the
				Division, which shall set forth excerpts from, or summaries of, the Act and
				such relevant information which the Division deems necessary to explain the
				Act. Such notices may be obtained from the office of the Division.
B. Willful failure to post such notices after
				having been furnished such notices by the Division shall be punishable by a
				fine of not more than $100.
Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 1 - GENERAL PROVISIONS › Section R10-3-108 - Certification of documents or records

Current through Register Vol. 30, No. 28, July 12, 2024
The Executive Director of the Division, or any other employee
				  of the Division as may be designated by the Director, is authorized and
				  empowered to certify all documents or records which are a part of the files and
				  records of the Division.
Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 1 - GENERAL PROVISIONS › Section R10-3-109 - Construction of rules, availability

Current through Register Vol. 30, No. 28, July 12, 2024
A. These rules and regulations shall be
				liberally construed to secure a just, speedy and inexpensive determination of
				the issues presented. The Division does not intend that a failure to comply
				with these rules should constitute a jurisdictional or other bar to
				administrative or legal action unless otherwise required by statute.
B. The rules and regulations of the Division
				shall be available to the public at the offices of the Division.
Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 2 - EMPLOYMENT DISCRIMINATION › Section R10-3-200 - Charges filed by or on behalf of aggrieved persons or by a member of the Division; submission of information

Current through Register Vol. 30, No. 28, July 12, 2024
A. A charge that any person has engaged in or
				is engaging in an unlawful employment practice within the meaning of the Act
				may be filed by or on behalf of a person claiming to be aggrieved. A charge on
				behalf of a person claiming to be aggrieved may be filed by any person, agency,
				or organization. A charge shall be deemed to have been filed by or on behalf of
				a person claiming to be aggrieved if received from the Commission. The charge
				need not identify by name the person on whose behalf it is filed. The person
				filing the charge, however, must provide the Division with the name and address
				of the named person on whose behalf the charge is filed. During the Division's
				investigation, Division personnel shall verify the authorization of such charge
				by any named person on whose behalf such charge is filed. The Division shall
				keep such information confidential and, in transmitting information to the
				Commission in regards to such charge, shall not disclose such information to
				the Commission except on condition that the identity of the person on whose
				behalf the charge is filed be kept confidential, pursuant to the Commission's
				regulations governing confidentiality. If this condition is violated by the
				Commission, the Division may decline to honor subsequent requests for such
				information. A person filing a charge on behalf of an aggrieved person shall be
				considered a party to the Division's proceedings with respect to receiving
				notice at each stage in which notice is sent to parties.
B. The Division may receive information
				concerning alleged violations of the Act from any person. Where the information
				discloses that a person is entitled to file a charge with the Division,
				assistance will be rendered in the filing of the charge. A member of the
				Division in accordance with these rules, may file a charge.
Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 2 - EMPLOYMENT DISCRIMINATION › Section R10-3-202 - Forms

Current through Register Vol. 30, No. 28, July 12, 2024
The charge shall be in writing and signed, and shall be sworn
				  to before a notary public, a member of the Division, a designated agent of the
				  Division, or other persons duly authorized by law to administer oaths and take
				  acknowledgments. Charge forms are available to all persons at the Division.
				  Appropriate assistance in filling out forms may be rendered to Charging Parties
				  by the Division.
Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 2 - EMPLOYMENT DISCRIMINATION › Section R10-3-203 - Contents: amendment

Current through Register Vol. 30, No. 28, July 12, 2024
A. Each
				charge shall contain the following:
1. The
				full name and address of the Charging Party.
2. The full name and address of the
				Respondent.
3. A clear and concise
				statement of the facts including pertinent dates constituting the alleged
				unlawful employment practice.
4. If
				known, the approximate number of employees of the Respondent
				employer.
Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 2 - EMPLOYMENT DISCRIMINATION › Section R10-3-204 - Time of filing charge

Current through Register Vol. 30, No. 28, July 12, 2024
A charge of discrimination in employment shall be filed
				  within 180 days from the date upon which the alleged discriminatory practice or
				  act occurred. If the alleged discriminatory practice or act is of a continuing
				  nature, the date of the occurrence of the alleged discriminatory practice or
				  act shall be deemed to be any date subsequent to the commencement of the
				  alleged discriminatory practice or act up to and including the date upon which
				  the lawful practice has ceased.
Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 2 - EMPLOYMENT DISCRIMINATION › Section R10-3-205 - Service of charge, orders and other process

Current through Register Vol. 30, No. 28, July 12, 2024
A. Notice of charge: A charge alleging an act
				or practice of discrimination in employment shall be served upon the Respondent
				within ten days of the date that the charge is filed with the
				Division.
B. Service of process:
				Charges, orders and other process and papers of the Division may be served
				personally or by registered or certified mail, return receipt requested. The
				verified return of the individual serving the same, setting forth the manner of
				service, and the return Post Office receipt when the service is by registered
				or certified mail, shall be proof of service.
C. Service upon duly authorized
				representatives: If a party appears by duly authorized representative, all
				papers other than the charge, notice of hearing, and final decisions and orders
				may be served, as herein provided, upon such duly authorized representative
				with the same force and effect as those served upon the party.
Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 2 - EMPLOYMENT DISCRIMINATION › Section R10-3-207 - Reasonable cause, conference, conciliation and persuasion

Current through Register Vol. 30, No. 28, July 12, 2024
A. If the Division determines that a charge
				fails to state a valid claim for relief under the Act or that there is not
				reasonable cause to believe that a charge is true, the Division shall dismiss
				the charge. Where, however, it determines that there is reasonable cause to
				believe that an unlawful employment practice has occurred or is occurring, it
				shall endeavor to eliminate such practice by informal methods of conference,
				conciliation, and persuasion.
B.
				The Division shall promptly notify the Charging Party and the Respondent, or in
				the case of a charge filed by the Division, the Respondent of its determination
				under subsection (A) of
				R10-3-207.
C. Conciliation agreement: In conciliating a
				charge in which a determination of reasonable cause has been made, the Division
				shall attempt to achieve a just resolution and to obtain assurances that the
				Respondent will eliminate the unlawful employment practices and take
				appropriate affirmative action. Conciliation agreements shall be in writing,
				and copies shall be sent to the parties. Proof of compliance with the
				conciliation agreement shall be obtained by the Division before the charge is
				closed.
D. Refusal of Respondent to
				cooperate: Should a Respondent fail or refuse to confer with the Division or
				its representatives, or fail to refuse to make a good faith effort to resolve
				the dispute, the Division may terminate its efforts to conciliate the dispute.
				In such event, the Respondent shall be notified promptly, in writing, that such
				efforts have been unsuccessful and will not be resumed except upon the
				Respondent's written request within the time specified in such
				notice.
E. Confidentiality of
				conciliation discussions: Nothing that is said or done during and as a part of
				the endeavors of the Division to eliminate unlawful employment practices by
				informal methods of conference, conciliation and persuasion may be made a
				matter of public information by the Division, or used as evidence in a
				subsequent proceeding without the written consent of the parties
				concerned.
Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 2 - EMPLOYMENT DISCRIMINATION › Section R10-3-208 - Notice to Charging Party of failure of conciliation

Current through Register Vol. 30, No. 28, July 12, 2024
When the Division is unable to obtain a conciliation
				  agreement after it has made a determination of reasonable cause, it shall so
				  notify the Charging Party, and any federal, or local agencies to which the
				  charge has been previously referred. Notification to the Charging Party shall
				  include
1. A notice of failure of
				conciliation, and
2. Advice
				concerning his or her rights to proceed in court under the Act.
Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 2 - EMPLOYMENT DISCRIMINATION › Section R10-3-209 - Recordkeeping, preservation of records, and reports to the Division

Current through Register Vol. 30, No. 28, July 12, 2024
Every employer, employment agency, labor organization, or
				  joint labor management committee controlling apprenticeship or other training
				  or retraining including on the job training programs subject to this Act shall
				  make and keep such records relevant to the determination of whether unlawful
				  employment practices have been or are being committed, preserve such records
				  for such periods, and make such reports therefrom, as the Division deems
				  reasonable, necessary or appropriate for the enforcement of this Act; provided,
				  however, that no employer, employment agency, labor organization, or joint
				  labor management committee controlling apprenticeship or other training or
				  retraining including on the job training programs required to file an EEO-1,
				  -2, -3, or -4 Report with the Equal Employment Opportunity Commission shall be
				  required to file a similar report with the Division unless specifically
				  requested to do so by the Division.
Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 3 - VOTING RIGHTS AND PUBLIC ACCOMMODATION DISCRIMINATION › Section R10-3-300 - Filing of charge

Current through Register Vol. 30, No. 28, July 12, 2024
A charge of discrimination under the voting or public
				  accommodation sections of the Act shall be filed with the Division only by a
				  person, referred to as the Charging Party, claiming to be aggrieved by the
				  alleged discriminatory practice or act.
Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 3 - VOTING RIGHTS AND PUBLIC ACCOMMODATION DISCRIMINATION › Section R10-3-301 - Form of charge

Current through Register Vol. 30, No. 28, July 12, 2024
The charge shall be in writing and signed and shall be sworn
				  to before a notary public, a member of the Division, a designated agent of the
				  Division, or other persons duly authorized by law to administer oaths or take
				  acknowledgments. Charge forms will be supplied by the Division upon request.
				  Appropriate assistance in filling out forms may be rendered to Charging Parties
				  by the Division.
Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 3 - VOTING RIGHTS AND PUBLIC ACCOMMODATION DISCRIMINATION › Section R10-3-302 - Contents of charge

Current through Register Vol. 30, No. 28, July 12, 2024
Each charge shall contain the following:
1. The full name and address of the Charging
				Party.
2. The full name and address
				of the Respondent.
3. A plain and
				concise statement of the facts constituting the alleged unlawful discriminatory
				practice or act.
4. The date or
				dates of the alleged unlawful discriminatory practice or act.
Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 3 - VOTING RIGHTS AND PUBLIC ACCOMMODATION DISCRIMINATION › Section R10-3-303 - Amendment of charge

Current through Register Vol. 30, No. 28, July 12, 2024
Notwithstanding the provisions of
				  R10-3-302, a
				  charge is deemed filed when the Division receives from the Charging Party, a
				  written statement sufficiently precise to identify the parties and to describe
				  generally the unlawful action or practice. A charge may be amended:
1. To cure technical defects or omissions,
				including but not limited to failure to swear to the charge, or
2. To clarify and amplify allegations.
The amendments alleging acts occurring before the filing of
				  the charge which constitute unlawful practices directly related to or growing
				  out of the subject matter of the original charge shall be deemed to relate back
				  to the original filing date.
Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 3 - VOTING RIGHTS AND PUBLIC ACCOMMODATION DISCRIMINATION › Section R10-3-304 - Time of filing charge

Current through Register Vol. 30, No. 28, July 12, 2024
A charge of discrimination under the voting and public
				  accommodation sections of the Act shall be filed within 60 days from the date
				  upon which alleged discriminatory practice or act occurred.
Arizona Administrative Code › Title 10 - LAW › Chapter 3 - DEPARTMENT OF LAW - CIVIL RIGHTS DIVISION › Article 3 - VOTING RIGHTS AND PUBLIC ACCOMMODATION DISCRIMINATION › Section R10-3-305 - Service of charge, orders and other process

Current through Register Vol. 30, No. 28, July 12, 2024
A. A charge alleging an act or practice of
				discrimination in voting or public accommodation shall be served upon the
				Respondent within ten days of the date that the charge is filed with the
				Division.
B. Service of process:
				Charges, orders and other process and papers of the Division may be served
				personally or by registered or certified mail, return receipt requested. The
				verified return of the individual serving the same, setting forth the manner of
				service, and the return Post Office receipt when the service is by registered
				or certified mail shall be proof of service.
C. Service upon duly authorized
				representatives: If a party appears by duly authorized representative, all
				papers other than the charge, notice of hearing, and final decisions and orders
				may be served, as herein provided, upon such duly authorized representative
				with the same force and effect as those served upon the party.