The Arizona Revised Statutes have been updated to include the revised sections from the 56th Legislature, 1st Regular Session. Please note that the next update of this compilation will not take place until after the conclusion of the 56th Legislature, 2nd Regular Session, which convenes in January 2024.
DISCLAIMER
This online version of the Arizona Revised Statutes is primarily maintained for legislative drafting purposes and reflects the version of law that is effective on January 1st of the year following the most recent legislative session. The official version of the Arizona Revised Statutes is published by Thomson Reuters.
49-1405 - Exception; disclosure required by court or administrative hearing official
49-1405. Exception; disclosure required by court or administrative hearing official
A. A court or administrative hearing official with competent jurisdiction may require disclosure of a portion of an audit report in a civil or administrative proceeding if the court or administrative hearing official determines after an in camera review consistent with the appropriate rules of procedure that any of the following applies:
1. The privilege is asserted for a fraudulent purpose.
2. The portion of the audit report is not subject to the privilege under section 49-1406.
3. The portion of the audit report shows evidence of noncompliance with an environmental law and appropriate efforts to achieve compliance with the law were not promptly initiated and pursued with reasonable diligence after the discovery of the noncompliance.
B. A party seeking disclosure under this section has the burden of proving that subsection A of this section applies.
C. Notwithstanding any other law, a disclosure decision of an administrative hearing official under subsection A of this section is directly appealable to a court of competent jurisdiction without disclosure of the audit report to any person unless so ordered by the court.
D. A person claiming the privilege to avoid the requested disclosure of materials is subject to sanctions as prescribed by the Arizona rules of civil procedure or to a fine not to exceed ten thousand dollars if the court finds, consistent with fundamental due process, that the person intentionally or knowingly claimed the privilege for nonprivileged materials as prescribed by section 49-1406.
E. A court determination under this section is subject to interlocutory appeal to an appropriate appellate court.