Request for Exemptions

R2-20-804. Request for Exemptions A. An original source who has reason to believe their identity will Chap- or could be subject to disclosure under A.R.S. Title 16, ter 6.1 may file a request for exemption pursuant to A.R.S. § 16-973(F) at any time. An original source who has not opte d out of having their monies used for campaign media spendin g may file a request for an exemption with the Executive Director no later than 14 days after the notice to opt out is given. I n the event an original source did not receive a notice to opt out, the person may file a request for exemption with the Executiv e Director no later than 21 days after discovering their monie s may be or have been used for campaign media spending. B. In the event the request provides documentation of a court order requiring confidentiality, the Executive Director shall confirm the validity of the court order in five days. If the order is confirmed, the Executive Director shall issue a letter to th e requestor stating that their identity shall not be disclosed. I n Direc- the event that the order is not confirmed, the Executive tor shall issue a letter to the requestor stating their identity ma y be disclosed. C. In the event that the person making the request claims a statut e provides for such confidentiality, the request shall include a citation to the statute and argument why the statute applies t o require confidentiality. The Executive Director may make a recommendation to the Commission. The Executive Director shall place the item on an agenda no later than the next regular Commission meeting. The person and their counsel ma y appear. In order to protect the interests of the original sourc e pending a determination, the Commission may vote to go int o executive session to protect confidential information and if warranted for other reasons authorized by the Open Meetin g Law. For purposes of this Section, the person and their counsel nec- shall be deemed individuals whose presence is reasonably essary in order for the public body to carry out its executiv e session responsibilities if the Commission votes to go int o executive session pursuant to A.R.S. § 38-431.03(A)(2). N o vote may be taken in the executive session. If the Commissio n decides that the statute applies by a roll call vote in public ses- 26-1 Page 29 2 A.A.C. 20 Arizona CHAPTER 20. CITIZENS CLEAN sion in favor of the request, the Executive Director shall issu e a letter to the requestor within five days stating that their identity shall not be disclosed. If the Commission does not vot e that the statute applies by roll call vote in favor of the request, the Executive Director shall issue a letter to the requestor within five days stating that their identity may be disclosed. D. In the event the person making the request claims that there i s a reasonable probability that they or their family will experience threats of physical harm, the request shall provide suc h evidence. The request may also include argument in favor of the request. The Executive Director may make a recommendation to the Commission. The Executive Director shall place th e item on an agenda no later than the next regular commissio n meeting. The person and their legal representative may appear. In order to protect the interests of the original source pending a determination, the Commission may vote to go into executiv e session to protect confidential information and if warranted for pur- other reasons authorized by the Open Meeting Law. For poses of this rule, the person and their counsel shall be deeme d individuals whose presence is reasonably necessary in order responsi- for the public body to carry out its executive session bilities if the Commission votes to go into executive sessio n pursuant to A.R.S. § 38-431.03(A)(2). No vote may be take n in the executive session. If the Commission decides that th e request should be granted by a roll call in public session i n favor of the request, the Executive Director shall issue a letter to the requestor within five days stating that their identity shall not be disclosed. If the Commission does not approve th e request by a roll call vote the Executive Director shall issue a letter to the requestor within five days stating that their identit y may be disclosed. E. The agenda shall not identify the requestor. F. No records related to a request shall be subject to a publi c records request or any other type of request. The records shall not be produced absent a court order compelling disclosure. G. All records except the Executive Director’s letter shall b e destroyed within 30 days after the determination, unless timel y review of the Commission’s action is sought. The Executiv e Director’s letter shall not be made public except by a court order. Historical Note New Section made by final exempt rulemaking at 29 A.A.R. 3523 (November 10, 2023), effective August 24, 2023 (Supp. 23-4).