technical correction; workers' compensation; investigation

57th Legislature - Second Regular Session Introduced by David Marshall

Clarifies how the Industrial Commission appoints investigative agents for workers’ comp investigations and makes their advisory recommendations non-binding.

House First Reading.

Summary of HB 2329 (57th-2nd Regular Session, Arizona)

Purpose and intent

The bill makes a technical correction to the Arizona workers’ compensation framework by formalizing and clarifying the investigative process used by the Industrial Commission (the commission) related to employment or workplaces.

It does not appear to create new investigative powers or substantive changes in workers’ compensation authority, but it specifies how investigations can be conducted and how advisory recommendations from investigators function within the process.

Key provisions and changes

Section amended: Arizona Revised Statutes, § 23-928, “Investigation by agents.”

Provisions in essence:

The commission may appoint, by a written order, either:
A member of the commission, or
Any other competent resident of the state,
to serve as an agent for purposes of an investigation concerning any employment or place of employment.
The appointed agent’s duties are defined in the order.

Powers of the agent:

The agent has inquisitorial powers as granted to the commission, and the agent has the same authority to take testimony as a referee or master appointed by the superior court.
Any recommendations issued by the agent are advisory only.
The advisory recommendation does not prevent the commission or others from taking additional evidence or conducting further investigations.

Overall impact of the change:

Clarifies and codifies the mechanism for appointing investigative agents and their authority.
Ensures that advisory recommendations from agents are non-binding, preserving the ability to pursue further evidence or investigation.

Who/what is affected

The Arizona Workers’ Compensation system, specifically the Industrial Commission and its investigative processes.

Employers, employees, and workplaces under investigation may be indirectly affected through clarified procedures and the role of appointed agents.

Individuals appointed as agents (commission members or other competent state residents) who perform investigations.

Procedural and timeline aspects

Action history notes a House First Reading on 2026-06-13.

The bill designates the appointment process (written order) and clarifies that agent recommendations are advisory.

There is no indication of a mandated timeline for investigations within the text provided, other than the standard statutory framework for investigation powers and proceedings.

Additional notes

The bill’s title describes it as a “technical correction” for workers’ compensation investigations, aligning statutory language with administrative practice and ensuring clarity in the powers and advisory nature of agent recommendations.

Co-sponsor: David Marshall.

If you’d like, I can compare this bill to current statute § 23-928 to highlight exact textual differences and implications.