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Senate Engrossed |
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State of Arizona Senate Fifty-fourth Legislature Second Regular Session 2020
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SENATE BILL 1409 |
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AN ACT
amending section 41‑1379, Arizona Revised Statutes; relating to the ombudsman‑citizens aide.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-1379, Arizona Revised Statutes, is amended to read:
41-1379. Procedures after an investigation
A. If an opinion or recommendation of the ombudsman‑citizens aide is critical of a person or agency, the ombudsman‑citizens aide shall first consult with the person or agency before rendering the opinion or recommendation. A preliminary opinion or preliminary recommendation is confidential and shall not be publicly disclosed by any party.
B. The ombudsman‑citizens aide shall report the ombudsman‑citizens aide's opinion and recommendations to an agency, if the ombudsman‑citizens aide finds, after investigation, that:
1. A matter should be further considered by that agency.
2. A matter should be referred to the presiding officers of both houses of the legislature for further investigation or legislative action.
3. A statute or rule on which an administrative act is based should be amended.
4. An administrative act should be modified or cancelled canceled.
5. Reasons should be given for an administrative act.
6. There are no grounds or there are insufficient grounds for action by the agency.
7. Any other action should be taken by the agency.
8. The agency's action was arbitrary or capricious, constituted an abuse of discretion or was not according to law.
C. The ombudsman‑citizens aide may request the agency to notify the office within a specified time of any action taken on his recommendations.
D. The ombudsman‑citizens aide shall notify the complainant of the ombudsman‑citizens aide's recommendations and the actions taken by the agency.
E. Pursuant to section 41‑1376, subsection B, if the ombudsman‑citizens aide believes there is a breach of duty or misconduct by an officer or employee of an agency in the conduct of the officer's or employee's duty, the ombudsman‑citizens aide shall submit a written statement of the essential facts to a prosecutor's office if the breach of duty or misconduct is within a prosecutor's jurisdiction and refer the matter to the chief executive officer of the agency, to the governor, to the presiding officer of both houses of the legislature, to a prosecutor's office or to another appropriate official or agency.