1. A. Following the meeting at which the Board determines a complaint is within the Board’s jurisdiction, as described under R13-14-201, the Board shall send notice to the respondent and:

   1. 1. A copy of the complaint received, including any documents or other evidence included with the complaint form; and
   2. 2. A request that the respondent submit a written response to the allegations in the complaint within 45 days after the date on the notice.

2. B. Following receipt of the written response requested under subsection (A)(2) or 45 days after providing notice under subsection (A), the Board shall complete an investigative review of the written response within 10 business days. At the monthly Board meeting following completion of the investigative review of the written response, the Board may:

   1. 1. Determine additional investigation is needed,
   2. 2. Dismiss the complaint, or

   3. 3. Determine just cause exists for one of the following actions:

      1. a. Discipline specified under A.R.S. § 22-137(A)(5).
      2. b. Referral to the presiding judge of the county the respondent is serving, as authorized under A.R.S. § 22-131(A), or
      3. c. Referral to the county attorney of the county the respondent is serving, as authorized under A.R.S. § 22-137(C).

3. C. Notice of action.

   1. 1. If the Board determines there is just cause to take action as described under subsection (B)(3), the Board shall notify the respondent of the Board’s determination. The Board shall ensure the notice specifies the cause for the action and serve the notice as required by A.R.S. § 41-1092.04.
   2. 2. If the Board determines the complaint is without merit and dismisses it under subsection (B)(2), the Board shall notify the respondent the complaint did not indicate the respondent failed to comply fully with A.R.S. Title 22, Chapter 1, Article 3 or R13-14-103, as required under R13-14-201(A), and will not be disclosed by the Board as a complaint against the respondent.
4. D. A respondent may contest the Board’s determination of just cause within 30 days after receiving the notice of action provided under subsection (C)(1). To contest the determination of just cause, the respondent shall advise the Board in writing and request a hearing. If the respondent fails to file a written request for hearing within 30 days after receiving the notice of action, the respondent waives the right to a hearing and the Board may consider the case based on available information.

Historical Note

New Section made by final rulemaking at 24 A.A.R. 1518, effective June 30, 2018 (Supp. 18-2). Amended by final rulemaking at 31 A.A.R. 3058 (September 26, 2025), effective November 2, 2025 (Supp. 25-3).