Bill Text: AZ HB2620 | 2020 | Fifty-fourth Legislature 2nd Regular | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Law clinic; stream adjudications; appropriation

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2020-03-10 - Senate APPROP Committee action: Do Pass, voting: (7-0-2-0) [HB2620 Detail]

Download: Arizona-2020-HB2620-Introduced.html

 

 

 

REFERENCE TITLE: ombudsman; assistance; surface water adjudications

 

 

 

 

State of Arizona

House of Representatives

Fifty-fourth Legislature

Second Regular Session

2020

 

 

HB 2620

 

Introduced by

Representative Bowers

 

 

AN ACT

 

amending section 41-1376, 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 41-1376, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1376.  Powers and duties

A.  The ombudsman‑citizens aide shall:

1.  Investigate the administrative acts of agencies pursuant to section 41‑1377, subsections A and B except as provided in section 41‑1377, subsections C, D and E.  The ombudsman‑citizens aide shall investigate the administrative acts of an agency without regard to the finality of the administrative act.

2.  Annually before January 1 prepare a written report to the governor, the legislature and the public that contains a summary of the ombudsman‑citizens aide's activities during the previous fiscal year.  The ombudsman‑citizens aide shall semiannually present this report before the legislative council and distribute copies of the report to the director of the governor's office of strategic planning and budgeting, the chairperson of the joint legislative budget committee and the cochairpersons of the administrative rules oversight committee.  This report shall include:

(a)  The ombudsman‑citizens aide's mission statement.

(b)  The number of matters that were within each of the categories specified in section 41‑1379, subsection B.

(c)  Legislative issues affecting the ombudsman‑citizens aide.

(d)  Selected case studies that illustrate the ombudsman‑citizens aide's work and reasons for complaints.

(e)  Ombudsman‑citizens aide's contact statistics.

(f)  A description of the public awareness and outreach activities conducted by the ombudsman‑citizens aide.

(g)  Ombudsman‑citizens aide's staff.

3.  Before conducting the first investigation, adopt rules that ensure that confidential information that is gathered will not be disclosed.

4.  Appoint a deputy ombudsman and prescribe the duties of employees or, subject to appropriation, contract for the services of independent contractors necessary to administer the duties of the office of ombudsman‑citizens aide.  All staff serves at the pleasure of the ombudsman‑citizens aide, and they are exempt from chapter 4, articles 5 and 6 of this title.  All staff shall be is subject to the conflict of interest provisions of title 38, chapter 3, article 8.

5.  Before conducting the first investigation, adopt rules that establish procedures for receiving and processing complaints, including guidelines to ensure each complainant has exhausted all reasonable alternatives within the agency, conducting investigations, incorporating agency responses into recommendations and reporting findings.

6.  Notify the chief executive or administrative officer of the agency in writing of the intention to investigate unless notification would unduly hinder the investigation or make the investigation ineffectual.

7.  Appoint an assistant to help the ombudsman‑citizens aide investigate complaints relating to the department of child safety.  The assistant shall have expertise in the department of child safety procedures and laws.  Notwithstanding any law to the contrary, the ombudsman‑citizens aide and the assistant have access to the department of child safety records and to any automated case management system used by the department of child safety.

8.  Appoint an assistant to help the ombudsman-citizens aide assist claimants in the general adjudication of water rights filed pursuant to title 45, chapter 1, article 9 who are not represented by counsel.  The ombudsman-citizens aide's assistance is limited to procedural matters and may not include legal advice regarding the validity of claims or defenses or the investigation of any agency.  The ombudsman-citizens aide shall cooperate and coordinate with any law school in this state to provide for law school students under the supervision of the law school's clinical instructors to assist parties in the adjudication who have fewer legal resources available to them when compared to other parties in the adjudication.

B.  After the conclusion of an investigation and notice to the head of the agency pursuant to section 41‑1379, the ombudsman‑citizens aide may present the ombudsman‑citizens aide's opinion and recommendations to the governor, the legislature, the office of the appropriate prosecutor or the public, or any combination of these persons.  The ombudsman‑citizens aide shall include in the opinion the reply of the agency, including those issues that were resolved as a result of the ombudsman‑citizens aide's preliminary opinion or recommendation. END_STATUTE

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