1. A. The Department shall dismiss a claim if:

   1. 1. The claim is filed more than one year after the date of the accrual of the claim,
   2. 2. The claimant does not comply with R20-5-1003(F),
   3. 3. The amount of wages owed exceeds $5,000.00,
   4. 4. The Department’s investigation of the claimant’s evidence reveals no possible violation of A.R.S. § 23-350 et seq.,
   5. 5. The claimant has filed a civil action regarding the same claim,
   6. 6. The employer listed on the claim is in bankruptcy,
   7. 7. The Department is unable to locate the employer based on the information provided by the claimant, or
   8. 8. The wages in question have been withheld from the claimant pursuant to the claimant’s prior written authorization.
2. B. The Department shall send a notice of dismissal to the claimant and, except as provided in subsections (A)(1) through (A)(3) and (7), the Department shall send a notice of dismissal to the employer. Notices of dismissal shall notify the claimant of the availability of other remedies.

Historical Note

Adopted effective January 26, 1988 (Supp. 88-1). R20-5-1006 recodified from R4-13-1006 (Supp. 95-1). Former R20-5-1006 renumbered to R20-5-1007; new R20-5-1006 renumbered from R20-5-1005 and amended by final rulemaking at 12 A.A.R. 1416, effective June 4, 2006 (Supp. 06-2). Amended by final rulemaking 27 A.A.R. 515, effective May 14, 2021 (Supp. 21-1).