1. A. Fraud Unit Investigators may request the submission of papers, documents, reports, or other evidence relating to a formal  investigation  under A.R.S. § 23-934 and this Section.
2. B. Fraud Unit Investigators may take depositions, subpoena witnesses or documentary evidence, administer oaths and examine under oath any individual relative to the subject of any formal Fraud Unit investigation.
3. C. A subpoena issued under this Section shall be served in the same manner as if issued from a superior court. If a person fails to obey a subpoena lawfully served, the Fraud Unit shall forthwith forward a report of such disobedience, together with a copy of the subpoena and proof of service thereof, to the superior court for the county in which the person was required to appear. The court shall forthwith cause such person to be produced and shall impose penalties as though they had disobeyed a subpoena issued out of such court.
4. D. If the documents, materials or other information the Fraud Unit seeks to obtain by request are located outside Arizona, the person requested to provide the documents, materials or other information shall arrange for the Fraud Unit or a representative, including an official of the state in which the documents, materials or other information is located, to examine the documents, materials or other information where it is located.
5. E. A person who being under oath testifies falsely or makes any false affidavit during the course of any examination or as part of the Fraud Unit investigation, may be prosecuted for perjury.
6. F. The materials collected by the Fraud Unit during its investigation are privileged and confidential until the Fraud Unit completes its formal investigation. Any documents, materials or other information that is provided to the Fraud Unit pursuant to this section is not subject to discovery or subpoena until opened for public inspection by the Fraud Unit or, after notice and a hearing, a court determines that the Fraud Unit would not be unduly burdened by compliance with the subpoena. The Fraud Unit shall keep the identity of an informant confidential, including any information that might identify the informant, unless the request for information is made by a law enforcement agency, the Department of Insurance Fraud Unit, the attorney general or a county attorney for purposes of a criminal investigation or prosecution. The Fraud Unit may use the documents, materials or other information in the furtherance of any regulatory or legal action brought as a part of the Fraud Unit’s official duties.
7. G. Where a Fraud Unit Investigator deems it necessary the Fraud Unit Investigator may verify a claimant’s annual earnings reported pursuant to A.R.S. § 23-1047 with the department of economic security unemployment insurance information.

Historical Note

Adopted effective September 9, 1998 (Supp. 98-3). Section repealed by final rulemaking at 28 A.A.R. 3435 (October 28, 2022), with an immediate effective date of October 5, 2022 (Supp. 22-4). New Section R20-5-705 made by final rulemaking at 31 A.A.R. 4199 (October 31, 2025), effective December 6, 2025 (Supp. 25-4).