Library index

Law links and verification status · Blank forms. Citation links are generated from extracted text; unverified links, image-only pages and incomplete citations require review. Reference-book links open publisher resources, not exact definitions.

2-16

What this file is for

A chapter or extract of an administrative code, setting out agency rules and procedures. Read it to understand the rule text, scope and numbered sections in this edition.

Introduction based on title and extracted source text.

PDF page numbers count from the first file page; printed labels may differ.

Open document online · Download source file

PDF page 1

Arizona Administrative Code Title 2, Ch. 16
Office of the Ombudsman - Citizens’ Aide
June 30, 2006 Page 1 Supp. 06-2
TITLE 2. ADMINISTRATION
CHAPTER 16. OFFICE OF THE OMBUDSMAN
CITIZENS’ AIDE
(Authority: A.R.S. § 41-1376 et seq.)
Editor’s Note: The Office of the Secretary of State publishes all Code Chapters on white paper (Supp. 02-1).
Editor’s Note: This Chapter contains rules which were adopted under an exemption from the provisions of the Administrative Pro-
cedure Act (A.R.S. Title 41, Chapter 6) pursuant to Laws 1995, Ch. 281, Section 5. Exemption from A.R.S. Title 41, Chapter 6 means that
the Office of the Ombudsman did not submit these rules to the Governor’s Regulatory Review Council for review; the Office did not sub-
mit notice of proposed rulemaking to the Secretary of State for publication in the Arizona Administrative Register; and the Office was not
required to hold public hearings on these rules. According to Laws 1995, Ch. 281, Section 5, the Office of Ombudsman-Citizens’ Aide is
exempt from the requiremen ts of A.R.S. Title 41, Chapter 6 until July 1, 1997. Beca use this Chapte r contains rules which are ex empt
from the regular rulemaking process, the Chapter is being printed on blue paper.
ARTICLE 1. GENERAL PROVISIONS
Article 1, consisting of Sec tion R2-16-101, adopted effective
October 30, 1996 (Supp. 96-4).
Section
R2-16-101. Definitions
ARTICLE 2. HANDLING CONFIDENTIAL MATERIAL
Article 2, consisting of Sect ions R2-16-201 through R2-16-
210, adopted effective October 30, 1996 (Supp. 96-4).
Section
R2-16-201. Protecting the Identity of a Complainant or Witness
R2-16-202. Expired
R2-16-203. Requirement to Close Case before Violating Confi-
dentiality
R2-16-204. Expired
R2-16-205. Protecting Confidential Agency Information
R2-16-206. Expired
R2-16-207. Expired
R2-16-208. Returning a Confidential Document to a
Complainant
R2-16-209. Prohibition against Discussing Open Complaint
Investigations
R2-16-210. Summaries of Closed Cases
ARTICLE 3. RECEIVING AND PROCESSING 
COMPLAINTS
Article 3, consisting of Sect ions R2-16-301 through R2-16-
306, amended by final rulemaking at 12 A.A.R. 1372, effective June
4, 2006 (Supp. 06-2).
Article 3, consisting of Sect ions R2-16-301 through R2-16-
306, adopted effective October 30, 1996 (Supp. 96-4).
Section
R2-16-301. Exhausting Reasonable Alternatives within the
Agency
R2-16-302. Inmate Complaints
R2-16-303. Resolution without Investigation
R2-16-304. Anonymous Complaints
R2-16-305. Filing Complaints
R2-16-306. Complaints Alleging Employee Misconduct
ARTICLE 4. CONDUCTING INVESTIGATIONS
Article 4, consisting of Sect ions R2-16-401 through R2-16-
405, adopted effective October 30, 1996 (Supp. 96-4).
Section
R2-16-401. Notice
R2-16-402. Expired
R2-16-403. Closing Cases
R2-16-404. Findings
R2-16-405. Recommendations
ARTICLE 5. INCORPORATING AGENCY RESPONSES 
INTO REPORTS AND RECOMMENDATIONS
Article 5, consisti ng of Sections R2-16-501 through R2-16-
503, amended by final rulemaking at 12 A.A.R. 1372, effective June
4, 2006 (Supp. 06-2).
Article 5, consisti ng of Sections R2-16-501 through R2-16-
503, adopted effective October 30, 1996 (Supp. 96-4).
Section
R2-16-501. Preliminary Report
R2-16-502. Final Report
R2-16-503. Advising the Complainant
ARTICLE 1. GENERAL PROVISIONS
R2-16-101. Definitions
In addition to the definitions provided in A.R.S. § 41-1371, the fol-
lowing apply in this Chapter:
1. “Complainant” means a pers on who files a complaint
with the Office.
2. “Confidential information” means oral or written infor-
mation, including a record, for which restricted access is
required by federal or Arizona law. Confidential informa-
tion also includes identifyi ng personal information a
complainant or witness requests not be disclosed.
3. “Document” means a paper or  electronic: record, memo-
randum, form, book, letter, file, drawing, map, or plat.
4. “Misconduct” means any act or omission by an employee
that constitutes a material or substantial breach of the
employee’s duties or obligations or that adversely affects
a material or substantial interest of the employer.
5. “Office” means the Office  of the Ombudsman-Citizens’
Aide.
6. “Ombudsman-citize ns’ aide” means the person appointed
to the position of ombudsman-citizens’ aide under the
provisions of A.R.S. § 41-1373.
7. “Photograph” means a paper or electronic photographic
representation, photographic file, motion pi cture, video
tape, microfilm, or microphotograph.
Historical Note
Adopted under an exemption from the Administrative 
Procedure Act pursuant to Laws 1995, Ch. 281, Section 
5; effective October 30, 1996 (Supp. 96-4). Amended by 
final rulemaking at 12 A.A.R. 1372, effective June 4, 
2006 (Supp. 06-2).
ARTICLE 2. HANDLING CONFIDENTIAL MATERIAL
R2-16-201. Protecting the Identity of a Complainant or
Witness
The Office shall not release to an agency, the public, or anyone else,
information that reveals the identity of a complainant or witness
without permission from the complainant or witness.

PDF page 2

Supp. 06-2 Page 2 June 30, 2006
Title 2, Ch. 16 Arizona Administrative Code
Office of the Ombudsman - Citizens’ Aide
Historical Note
Adopted under an exemption from the Administrative 
Procedure Act pursuant to Laws 1995, Ch. 281, Section 
5; effective October 30, 1996 (Supp. 96-4). Amended by 
final rulemaking at 12 A.A.R. 1372, effective June 4, 
2006 (Supp. 06-2).
R2-16-202. Expired
Historical Note
Adopted under an exemption from the Administrative 
Procedure Act pursuant to Laws 1995, Ch. 281, Section 
5; effective October 30, 1996 (Supp. 96-4). Section 
expired under A.R.S. § 41-1056(E) at 8 A.A.R. 1834, 
effective February 28, 2002 (Supp. 02-1).
R2-16-203. Requirement to Close Case before Violating Con-
fidentiality
The Office shall stop an investigat ion and close a case if it cannot
proceed further without releasing identifying information about a
complainant who requested confid entiality. Before stopping the
investigation and closi ng the case for this reason, the Office shall
ask the complainant for permission to release identifying informa-
tion.
Historical Note
Adopted under an exemption from the Administrative 
Procedure Act pursuant to Laws 1995, Ch. 281, Section 
5; effective October 30, 1996 (Supp. 96-4). Amended by 
final rulemaking at 12 A.A.R. 1372, effective June 4, 
2006 (Supp. 06-2).
R2-16-204. Expired
Historical Note
Adopted under an exemption from the Administrative 
Procedure Act pursuant to Laws 1995, Ch. 281, Section 
5; effective October 30, 1996 (Supp. 96-4). Section 
expired under A.R.S. § 41-1056(E) at 8 A.A.R. 1834, 
effective February 28, 2002 (Supp. 02-1).
R2-16-205. Protecting Confidential Agency Information
The Office shall give confidential information received from an
agency the same degree of protection as provided by the agency.
The Office shall not release confidential agency information to the
complainant, or any other person, without the agency’s prior autho-
rization, unless ordered by a court or other lawful authority.
Historical Note
Adopted under an exemption from the Administrative 
Procedure Act pursuant to Laws 1995, Ch. 281, Section 
5; effective October 30, 1996 (Supp. 96-4). Amended by 
final rulemaking at 12 A.A.R. 1372, effective June 4, 
2006 (Supp. 06-2).
R2-16-206. Expired
Historical Note
Adopted under an exemption from the Administrative 
Procedure Act pursuant to Laws 1995, Ch. 281, Section 
5; effective October 30, 1996 (Supp. 96-4). Section 
expired under A.R.S. § 41-1056(E) at 8 A.A.R. 1834, 
effective February 28, 2002 (Supp. 02-1).
R2-16-207. Expired
Historical Note
Adopted under an exemption from the Administrative 
Procedure Act pursuant to Laws 1995, Ch. 281, Section 
5; effective October 30, 1996 (Supp. 96-4). Section 
expired under A.R.S. § 41-1056(E) at 8 A.A.R. 1834, 
effective February 28, 2002 (Supp. 02-1).
R2-16-208. Returning a Confidential Document to a
Complainant
When requested, the Office shall return a confidential document
received from a complainant to the complainant. The Office shall
not release a confidential document to anyone other than the com-
plainant unless the complainant provides written authorization for
release of the document to a thir d party or the Office determines
that the document was not lawfully  in the possession of the com-
plainant.
Historical Note
Adopted effective October 30, 1996 (Supp. 96-4). 
Amended by final rulemaking at 12 A.A.R. 1372, effec-
tive June 4, 2006 (Supp. 06-2).
R2-16-209. Prohibition against Discussing Open Complaint
Investigations
The Office shall not discuss an open complaint investigation with
the general public or the media.
Historical Note
Adopted under an exemption from the Administrative 
Procedure Act pursuant to Laws 1995, Ch. 281, Section 
5; effective October 30, 1996 (Supp. 96-4). Amended by 
final rulemaking at 12 A.A.R. 1372, effective June 4, 
2006 (Supp. 06-2).
R2-16-210. Summaries of Closed Cases
The Office shall make available to the public a summary of a closed
case if the Office determines that the summary will assist in the
management of a state government  program, respond to an inquiry
about the performance of a stat e program, or inform the public
about the activity and performance of the Office. The Office shall
ensure that the summary does not disclose identifying information
about a complainant or witness whos e identity is protected, confi-
dential investigator notes, or c onfidential information received
from an agency.
Historical Note
Adopted under an exemption from the Administrative 
Procedure Act pursuant to Laws 1995, Ch. 281, Section 
5; effective October 30, 1996 (Supp. 96-4). Amended by 
final rulemaking at 12 A.A.R. 1372, effective June 4, 
2006 (Supp. 06-2).
ARTICLE 3. RECEIVING AND PROCESSING 
COMPLAINTS
R2-16-301. Exhausting Reasonab le Alternatives  within the
Agency
A. The Office shall make inquiry of the complainant and the
agency to determine whether a complainant has exhausted all
reasonable alternatives to resolve a complaint within an
agency before initiating an investigation. 
B. If the complainant has not made a reasonable effort to resolve
the complaint within the agency, the Office shall refer the
complainant to the appropriate person or office within the
agency and provide the compla inant information about avail-
able steps to resolve the complaint.
C. The Office shall defer action in a matter that is being litigated
in the courts or is the subject of a current formal administrative
procedure unless the ombudsman- citizens’ aide  determines
that immediate action is necessary to protect the public health,
safety, or welfare.
Historical Note
Adopted under an exemption from the Administrative 
Procedure Act pursuant to Laws 1995, Ch. 281, Section 
5; effective October 30, 1996 (Supp. 96-4). Amended by 

PDF page 3

Arizona Administrative Code Title 2, Ch. 16
Office of the Ombudsman - Citizens’ Aide
June 30, 2006 Page 3 Supp. 06-2
final rulemaking at 12 A.A.R. 1372, effective June 4, 
2006 (Supp. 06-2).
R2-16-302. Inmate Complaints
In accordance with A.R.S. § 41- 1377, the Office shall refuse to
investigate a complaint filed by a person in the custody of the
Department of Corrections, filed by another person on behalf of an
inmate, or concerning a rule or substantive policy statement about
inmates.
Historical Note
Adopted under an exemption from the Administrative 
Procedure Act pursuant to Laws 1995, Ch. 281, Section 
5; effective October 30, 1996 (Supp. 96-4). Amended by 
final rulemaking at 12 A.A.R. 1372, effective June 4, 
2006 (Supp. 06-2).
R2-16-303. Resolution without Investigation
If a complaint can be resolved quickly by mutual agreement, the
Office shall attempt to resolve the complaint informally, without
resorting to an investigation.
Historical Note
Adopted under an exemption from the Administrative 
Procedure Act pursuant to Laws 1995, Ch. 281, Section 
5; effective October 30, 1996 (Supp. 96-4). Amended by 
final rulemaking at 12 A.A.R. 1372, effective June 4, 
2006 (Supp. 06-2).
R2-16-304. Anonymous Complaints
The Office shall not investigate an anonymous complaint. If the
Office receives facts from an anonymous source that are compel-
ling and can be reasonably indepe ndently verified, the Office may
investigate the matter if it is within the scope of A.R.S. § 41-1377.
Historical Note
Adopted under an exemption from the Administrative 
Procedure Act pursuant to Laws 1995, Ch. 281, Section 
5; effective October 30, 1996 (Supp. 96-4). Amended by 
final rulemaking at 12 A.A.R. 1372, effective June 4, 
2006 (Supp. 06-2).
R2-16-305. Filing Complaints
A. A complaint against an agency shall be filed with the Office in
person or by the U.S. Postal Service, telephone, electronic fac-
simile, or electronic mail.
B. A complaint that alleges misconduct by a state employee shall
be in writing, signed by the complainant, and filed with the
Office in person or by the U. S.  Postal Service or electronic
facsimile.
Historical Note
Adopted under an exemption from the Administrative 
Procedure Act pursuant to Laws 1995, Ch. 281, Section 
5; effective October 30, 1996 (Supp. 96-4). Amended by 
final rulemaking at 12 A.A.R. 1372, effective June 4, 
2006 (Supp. 06-2).
R2-16-306. Complaints Alle ging Employee Misconduct
A. Before investigating an allega tion of misconduct by a state
employee, the Office shall provide written notice of the pend-
ing investigation to the empl oyee and the chief executive
officer of the employee’s agency.
B. If an investigation of an alle gation of misconduct by a state
employee results in a prelimin ary report that contains an
adverse opinion or recommendati on, the Office shall consult
with the employee about the preliminary report before submit-
ting the preliminary report to the agency and shall include the
employee’s written response, if  any, with the preliminary
report that is forwarded to the agency.
1. This consultation with the employee shall be confidential
and shall not be publicly disclosed.
2. The employee shall have 15 working days to respond to
the preliminary report, unle ss the ombudsman - citizens’
aide believes a 15-day delay will cause significant harm.
3. An employee may request an extension of time in which
to respond to the preliminary report for a compelling rea-
son. The Office shall grant the request unless the ombuds-
man-citizens’ aide believes an exte nsion will cause
significant harm.
C. If an investigation of an al legation of misc onduct by a state
employee results in a final re port that contai ns an adverse
opinion or recommendation, the Of fice shall consult with the
employee about the final repor t before submitting the final
report to the agency and shall include the employee’s written
response, if any, with the final report that is forwarded to the
agency.
1. The employee shall have 15 working days to respond to
the final report, unless the ombudsman - citizens’ aide
believes a 15-day delay will cause significant harm.
2. An employee may request an extension of time in which
to respond to the final report for a compelling reason. The
Office shall grant the request unless the ombudsman-citi-
zens’ aide believes an exte nsion will cause significant
harm.
Historical Note
Adopted under an exemption from the Administrative 
Procedure Act pursuant to Laws 1995, Ch. 281, Section 
5; effective October 30, 1996 (Supp. 96-4). Amended by 
final rulemaking at 12 A.A.R. 1372, effective June 4, 
2006 (Supp. 06-2).
ARTICLE 4. CONDUCTING INVESTIGATIONS
R2-16-401. Notice
When it will not compromise the effectiveness of an investigation,
the Office shall exercise the right of access under A.R.S. § 41-1378
by giving the agency at least 10 days notice before conducting
interviews, examining necessary records, or requiring the produc-
tion of information. An agency may request an extension to this
period for a compelling reason.  The ombudsman-citizens’ aide
shall grant a request for extens ion unless the ombudsman-citizens’
aide believes a delay will cause significant harm or damage.
Historical Note
Adopted under an exemption from the Administrative 
Procedure Act pursuant to Laws 1995, Ch. 281, Section 
5; effective October 30, 1996 (Supp. 96-4). Amended by 
final rulemaking at 12 A.A.R. 1372, effective June 4, 
2006 (Supp. 06-2).
R2-16-402. Expired
Historical Note
Adopted under an exemption from the Administrative 
Procedure Act pursuant to Laws 1995, Ch. 281, Section 
5; effective October 30, 1996 (Supp. 96-4). Section 
expired under A.R.S. § 41-1056(E) at 8 A.A.R. 1834, 
effective February 28, 2002 (Supp. 02-1).
R2-16-403. Closing Cases
The Office may close a case for any of the following reasons:
1. Discontinued. The ombudsman-citizens’ aide determines
that an investigation should be terminated before the
investigation is completed because: 
a. Disclosure of the complainant’s identity is necessary
to enable full investigation and the complainant
refuses to allow the disclosure;

PDF page 4

Supp. 06-2 Page 4 June 30, 2006
Title 2, Ch. 16 Arizona Administrative Code
Office of the Ombudsman - Citizens’ Aide
b. Information or a record is requested from the com-
plainant and the complainant fails to produce the
information or record within the time specified by
the Office;
c. The complainant withdraws the complaint;
d. The complaint relates to a matter that has become
the subject of an administr ative or judicial proceed-
ing;
e. The Office forwards the complaint to an appropriate
prosecutor because it in volves possible criminal
activity; or
f. The ombudsman-citizens’ ai de determines there is
other good cause not to proc eed with an investiga-
tion;
2. Closed - not substantiated . Following an investigation,
the ombudsman-citizens’ aide  makes a finding that the
allegations in the complaint are not substantiated;
3. Closed - complaint resolved  (before preliminary report).
Following an investigation,  the ombudsman-citizens’
aide determines that the complaint has merit, either
wholly or in part, and, be fore a preliminary report is
issued, the agency agrees to provide a remedy that is
acceptable to the agency and the ombudsman-citizens’
aide;
4. Closed - complaint resolved (after preliminary report).
Following an investigation,  the ombudsman - citizens’
aide determines that the complaint has merit, either
wholly or in part, and, after a preliminary report is issued,
the agency agrees to provide a remedy that is acceptable
to the ombudsman-citizens’ aide;
5. Closed - complaint unresolved . Following an investiga-
tion, the ombudsman - citizens’ aide determines that the
complaint has merit, either wholly or in part, and the
agency does not accept the recommendations of the
ombudsman - citizens’ aide; or
6. Other. Any other reason the Offi ce determines requires
that a complaint be closed.
Historical Note
Adopted under an exemption from the Administrative 
Procedure Act pursuant to Laws 1995, Ch. 281, Section 
5; effective October 30, 1996 (Supp. 96-4). Amended by 
final rulemaking at 12 A.A.R. 1372, effective June 4, 
2006 (Supp. 06-2).
R2-16-404. Findings
The Office shall make one of the following findings in an investiga-
tive report:
1. Substantiated. The investigation es tablishes that the
administrative act did occur and the complainant’s criti-
cism of the administrative act is valid.
2. Partially substantiated.
a. In a complaint having multiple allegations, the
investigation establishes th at at least one allegation
is substantiated and at least one allegation is not sub-
stantiated or indeterminate; or
b. The investigation establis hes there is shared fault
between the complainant and agency.
3. Not substantiated. The investigation establishes that:
a. The administrative act did not occur; or
b. The administrative act occurred, but the complain-
ant’s criticism of the administrative act is not valid.
4. Indeterminate. The investigation does not provide suffi-
cient evidence for the Office to determine conclusively:
a. Whether the administra tive act occurred; or
b. If the administrative act occurred, whether the com-
plainant’s criticism of the administrative act is valid.
Historical Note
Adopted under an exemption from the Administrative 
Procedure Act pursuant to Laws 1995, Ch. 281, Section 
5; effective October 30, 1996 (Supp. 96-4). Amended by 
final rulemaking at 12 A.A.R. 1372, effective June 4, 
2006 (Supp. 06-2).
R2-16-405. Recommendations
A. In accordance with A.R.S. §§ 41-1376 and 41-1379, the Office
shall recommend a resolution to a complaint when a com-
pleted investigation results in  a finding of “substantiated” or
“partially substantiated.”
B. The Office shall not recommend that a specific employee dis-
ciplinary action be imposed.
Historical Note
Adopted under an exemption from the Administrative 
Procedure Act pursuant to Laws 1995, Ch. 281, Section 
5; effective October 30, 1996 (Supp. 96-4). Amended by 
final rulemaking at 12 A.A.R. 1372, effective June 4, 
2006 (Supp. 06-2).
ARTICLE 5. INCORPORATING AGENCY RESPONSES 
INTO REPORTS AND RECOMMENDATIONS
R2-16-501. Preliminary Report
A. Before issuing an opinion or recommendation, the Office shall
consult with the agency and se nd a confidential preliminary
report to the agency. 
B. In accordance with A.R.S. § 41-1379, the Office or agency
may share a preliminary report with other state officials only if
it is necessary to resolve the complaint, but shall not publicly
disclose the contents of the preliminary report.
C. An agency may seek modification of an opinion or recommen-
dation presented in the preliminary report by including a
request for modification in a written response submitted within
15 working days of receiving the preliminary report.
D. An agency may request, for a compelling reason, an extension
to the time in which to res pond. The Office shall grant an
agency’s request for extensi on, unless the ombudsman-citi-
zens’ aide believes an extension will cause significant harm or
damage.
E. The Office shall consider an agency’s request for modification
of an opinion or recommendation before it prepares the final
report and shall notify the agency  of the acceptance or rejec-
tion of the request within 15 working days of receiving the
request.
F. If an agency does not request modification, the preliminary
report becomes the final repor t 15 working days after the
agency receives the preliminary report.
Historical Note
Adopted under an exemption from the Administrative 
Procedure Act pursuant to Laws 1995, Ch. 281, Section 
5; effective October 30, 1996 (Supp. 96-4). Amended by 
final rulemaking at 12 A.A.R. 1372, effective June 4, 
2006 (Supp. 06-2).
R2-16-502. Final Report
A. After the Office receives an agency’s response, if any, to a pre-
liminary report and makes acce pted modifications to the pre-
liminary report, or if no timely  response is filed, the Office
shall send the final report to the chief executive officer of the
agency.
B. If the Office requests that an agency respond to a final report,
the agency shall respond to the Office, in writing, within 20
working days after receiving the final report. The agency shall
include in the response the agency’s decision to accept or
reject a recommendation. If the agency accepts a recommen-

PDF page 5

Arizona Administrative Code Title 2, Ch. 16
Office of the Ombudsman - Citizens’ Aide
June 30, 2006 Page 5 Supp. 06-2
dation, the agency shall spec ify a date by which the recom-
mendation will be implemented.
C. If the ombudsman-citizens’ aide determines that an early
response to a final report is necessary to protect the public
health, safety, or welfare, the Office shall require an agency to
respond on a date sooner than 20 working days. Additionally,
the ombudsman - citizens’ aide may extend a response period
for good cause at the request of an agency.
Historical Note
Adopted under an exemption from the Administrative 
Procedure Act pursuant to Laws 1995, Ch. 281, Section 
5; effective October 30, 1996 (Supp. 96-4). Amended by 
final rulemaking at 12 A.A.R. 1372, effective June 4, 
2006 (Supp. 06-2).
R2-16-503. Advising the Complainant
A. The Office shall provide a fina l response to a complainant. If
requested by the complainant, the Office shall provide the final
response in writing.
B. Before releasing a final report to any person not authorized to
receive confidential information, the Office shall purge the
final report of any confidential information.
Historical Note
Adopted under an exemption from the Administrative 
Procedure Act pursuant to Laws 1995, Ch. 281, Section 
5; effective October 30, 1996 (Supp. 96-4). Amended by 
final rulemaking at 12 A.A.R. 1372, effective June 4, 
2006 (Supp. 06-2).