a Commencement of action. The county attorney may bring an action under A.R.S. § 23-212 or § 23-212.01 by filing a verified complaint with the clerk. The attorney signing the complaint must verify that he or she believes the assertions in the complaint to be true based on a reasonably diligent inquiry.
Rule 65.2.Action under A.R.S. § 23-212 or § 23-212.01.
Last verified July 1, 2026
In one sentenceRule 65.2 sets out the special, expedited civil procedure for a county attorney's action alleging that an employer knowingly employed unauthorized aliens.
Full Text of Rule 65.2
b Contents of complaint. The complaint must include the following:
1 The employer’s name and address(es);
2 The employer’s business licenses subject to suspension or revocation, and the licensing agency(ies)’ identity and address, including the identity(ies) and mailing address(es) of the agency official(s) authorized to accept service;
3 A statement of specific facts alleged to show that one or more employees are unauthorized aliens;
4 A statement of specific facts alleged to show that the employer intentionally or knowingly employed one or more unauthorized aliens; and
5 If the action is for a second violation, the first action’s case number and the date of the order or judgment. The complaint must also attach a copy of the court’s order or judgment finding a first violation.
d Venue. Venue is proper in any county in which the employee is or was employed by the employer.
e Expedited proceedings. The court must expedite the proceedings.
f Scheduling conference. At the same time the complaint is filed, the county attorney must file an application and submit a form of order requiring the court to set a date for a scheduling conference to determine the schedule for expedited proceedings. A copy of the signed order must be served on the employer and may be served with the complaint. At the scheduling conference, the court may address Rule 16(d) matters and may set such additional hearings as it deems necessary. On or before the date of the scheduling conference, the employer must file and serve a written disclosure identifying all business licenses that it holds in Arizona.
h Standard of proof. The court must determine all required factual issues by a preponderance of the evidence.
i Applicability of rules of evidence. Except as provided in A.R.S. § 23-212(H) and § 23-212.01 (H), the Arizona Rules of Evidence apply to these proceedings.
j Enforcement of court orders.
1 Application for order to show cause. After an order finding a first violation under A.R.S. § 23-212(F)(1) or § 23-212.01 (F)(1), if the employer fails to file a timely sworn affidavit required by A.R.S. § 23-212(F)(1)(c) or § 23-212.01 (F)(1)(d), the county attorney must file an application for an order to show cause why the employer’s licenses with the appropriate licensing agencies should not be suspended beyond any period prescribed in any prior court order. The application must be accompanied by an affidavit or other proof demonstrating that the employer failed to file the required sworn affidavit and must set forth the appropriate licensing agency’s identity and address, including the identity and mailing address of the agency official authorized to accept service under this rule.
2 Opposition. Within 5 days after service of an order to show cause application, the employer may file an opposition to the relief sought in the application and to any further license suspension on the ground that it has filed an affidavit meeting the requirements of A.R.S. § 23-212(F)(1)(c) or § 23-212.01 (F)(1)(d). If an opposition is timely filed, the court must hold a hearing and may not order any further license suspension until it renders its decision on whether to grant the relief sought in the application. If no opposition is timely filed or if the court grants the relief sought in the application, the court must order the appropriate licensing agencies to suspend indefinitely all applicable licenses held by the employer.
3 Relief from license suspension. After the entry of an order suspending a license for a first violation for failure to file a required sworn affidavit, the employer may, on motion or stipulation, seek relief from the order on the ground that the employer has filed a sworn affidavit required by A.R.S § 23-212(F)(1)(c) or § 23-212.01 (F)(1)(d). If such a showing is made and subject to the completion of any term of license suspension ordered under A.R.S. § 23-212(F)(1)(d) or § 23-212.01 (F)(1)(c), the court must enter an order terminating any further license suspension.
4 Distribution of order. The clerk must distribute by any method authorized by Rule 80(e) a certified copy of any order suspending or revoking a license, or terminating a license suspension to the parties, the Arizona Attorney General, and any licensing agency ordered to suspend an employer’s license.
k Action for second violation. An action alleging a second violation under A.R.S. § 23-212(F)(2) or § 23-212.01 (F)(2) must be filed and served as a new action.
l Requirement of electronic or facsimile service. After a party has appeared in a proceeding brought under this rule, any papers served on that party by mail under Rule 5(c) also must be served at the same time by electronic mail or facsimile, or as agreed to by the parties, or ordered by the court. If the party on whom service is to be made does not have access to electronic mail or facsimile, then service must be made as otherwise provided in Rule 5(c).
m Fees. The court must assess such fees as may be prescribed under A.R.S. §§ 12-284, 12-284.01, and 12-284.02.
Amendment History
Promulgated by R-16-0010, effective January 1, 2017.
Plain-English Summary
A county attorney bringing this kind of action files a verified complaint identifying the employer, listing the business licenses that could be suspended or revoked and the agencies that issued them, and stating specific facts showing that one or more employees are unauthorized aliens and that the employer knowingly or intentionally employed them. A second-violation action must also identify the earlier case and attach the prior order or judgment. The case is heard by the court without a jury unless the parties otherwise agree, proceeds on an expedited schedule set at an early scheduling conference, and requires the employer to disclose all of its Arizona business licenses. The court must determine the facts by a preponderance of the evidence, and generally may not suspend or revoke a license without first giving the parties an evidentiary hearing — summary judgment isn't available in these proceedings unless everyone agrees to use it.
Once a court finds a first violation, if the employer doesn't file the required sworn affidavit on time, the county attorney can seek an order to show cause why the employer's licenses shouldn't remain suspended, and the employer has five days to oppose that request by showing it has since complied. If the employer later files the required affidavit, it can ask the court for relief from an existing suspension. Every order suspending, revoking, or lifting a suspension on a license goes to the parties, the Arizona Attorney General, and the relevant licensing agency, and after a party has appeared, papers normally served by mail must also go out by electronic mail or fax.
Frequently Asked Questions
Who can bring an action under Rule 65.2?
A county attorney, by filing a verified complaint alleging that an employer knowingly or intentionally employed one or more unauthorized aliens.
Is there a jury trial in these proceedings?
No, except as otherwise permitted under Rule 39(c). The court sits without a jury.
Can a court suspend an employer's business license without a hearing?
Generally no. The court must give the parties an opportunity for an evidentiary hearing before suspending or revoking a license, unless everyone waives it.
What can an employer do if it later files the affidavit it was missing?
It can move or stipulate for relief from an existing license suspension by showing it has since filed the required sworn affidavit.
Source & verification. The rule text and History are reproduced verbatim from the
official Arizona Rules of Civil Procedure (Ariz. R. Civ. P. 65.2). Prescribed by the Supreme Court of Arizona (Ariz. Const. art. 6, § 5). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source
Also known as: employer sanctions act ruleunauthorized alien employment rule