41-192

41-192. Powers and duties of attorney general;
restrictions on state agencies as to legal counsel;
exceptions

A. The attorney general shall have charge of and direct the department of law and
shall serve as chief legal officer of the state. The attorney general shall:

1. Be the legal advisor of the departments of this state and render such legal
services as the departments require.

2. Establish administrative and operational policies and procedures within his
department.

3. Approve long-range plans for developing departmental programs therein, and
coordinate the legal services required by other departments of this state or other state
agencies.

4. Represent school districts and governing boards of school districts in any
lawsuit involving a conflict of interest with other county offices.

5. Represent political subdivisions, school districts and municipalities in suits
to enforce state or federal statutes pertaining to antitrust, restraint of trade or
price-fixing activities or conspiracies, if the attorney general notifies in writing the
political subdivisions, school districts and municipalities of the attorney general's
intention to bring any such action on its behalf. At any time within thirty days after
the notification, the political subdivisions, school districts and municipalities, by
formal resolution of its governing body, may withdraw the authority of the attorney
general to bring the intended action on its behalf.

6. In any action brought by the attorney general pursuant to state or federal
statutes pertaining to antitrust, restraint of trade, or price-fixing activities or
conspiracies for the recovery of damages by this state or any of its political
subdivisions, school districts or municipalities, in addition to the attorney general's
other powers and authority, the attorney general on behalf of this state may enter into
contracts relating to the investigation and prosecution of such action with any other
party plaintiff who has brought a similar action for the recovery of damages and with
whom the attorney general finds it advantageous to act jointly or to share common
expenses or to cooperate in any manner relative to such action. In any such action,
notwithstanding any other laws to the contrary, the attorney general may undertake, among
other things, to render legal services as special counsel or to obtain the legal services
of special counsel from any department or agency of the United States, of this state or
any other state or any department or agency thereof or any county, city, public
corporation or public district in this state or in any other state that has brought or
intends to bring a similar action for the recovery of damages or their duly authorized
legal representatives in such action.

7. Organize the civil rights division within the department of law and administer
such division pursuant to the powers and duties provided in chapter 9 of this title.

8. Compile, publish and distribute to all state agencies, departments, boards,
commissions and councils, and to other persons and government entities on request, at
least every ten years, the Arizona agency handbook that sets forth and explains the major
state laws that govern state agencies, including information on the laws relating to
bribery, conflicts of interest, contracting with the government, disclosure of public
information, discrimination, nepotism, financial disclosure, gifts and extra
compensation, incompatible employment, political activity by employees, public access and
misuse of public resources for personal gain. A supplement to the handbook reflecting
revisions to the information contained in the handbook shall be compiled and distributed
by the attorney general as deemed necessary.

B. Except as otherwise provided by law, the attorney general may:

1. Organize the department into such bureaus, subdivisions or units as he deems
most efficient and economical, and consolidate or abolish them.

2. Adopt rules for the orderly conduct of the business of the department.

3. Employ and assign assistant attorneys general and other employees necessary to
perform the functions of the department.

4. Compromise or settle any action or claim by or against this state or any
department, board or agency of this state. If the compromise or settlement involves a
particular department, board or agency of this state, the compromise or settlement shall
be first approved by the department, board or agency. If no department or agency is named
or otherwise materially involved, the approval of the governor shall be first obtained.

5. Charge reasonable fees for distributing official publications, including
attorney general legal opinions and the Arizona agency handbook. The fees received shall
be transmitted to the state treasurer for deposit in the state general fund.

C. Assistants and employees in any legal division subject to a merit system prior
to March 6, 1953 shall remain subject thereto.

D. The powers and duties of a bureau, subdivision or unit shall be limited to those
assigned by law to the department.

E. Notwithstanding any law to the contrary, except as provided in subsections F and
G of this section, no state agency other than the attorney general shall employ legal
counsel or make an expenditure or incur an indebtedness for legal services, but the
following are exempt from this section:

1. The director of water resources.

2. The residential utility consumer office.

3. The industrial commission.

4. The Arizona board of regents.

5. The auditor general.

6. The corporation commissioners and the corporation commission other than the
securities division.

7. The office of the governor.

8. The constitutional defense council.

9. The office of the state treasurer.

F. If the attorney general determines that he is disqualified from providing
judicial or quasi-judicial legal representation or legal services on behalf of any state
agency in relation to any matter, the attorney general shall give written notification to
the state agency affected. If the agency has received written notification from the
attorney general that the attorney general is disqualified from providing judicial or
quasi-judicial legal representation or legal services in relation to any particular
matter, the state agency is authorized to make expenditures and incur indebtedness to
employ attorneys to provide the representation or services.

G. If the attorney general and the director of the department of agriculture cannot
agree on the final disposition of a pesticide complaint under section 3-368, if the
attorney general and the director determine that a conflict of interest exists as to any
matter or if the attorney general and the director determine that the attorney general
does not have the expertise or attorneys available to handle a matter, the director is
authorized to make expenditures and incur indebtedness to employ attorneys to provide
representation or services to the department with regard to that matter.

H. Any department or agency of this state authorized by law to maintain a legal
division or incur expenses for legal services from funds derived from sources other than
the general revenue of the state, or from any special or trust fund, shall pay from such
source of revenue or special or trust fund into the general fund of the state, to the
extent such funds are available and upon a reimbursable basis for warrants drawn, the
amount actually expended by the department of law within legislative appropriations for
such legal division or legal services.

I. Appropriations made pursuant to subsection H of this section shall not be
subject to lapsing provisions otherwise provided by law. Services for departments or
agencies to which this subsection and subsection G of this section are applicable shall
be performed by special or regular assistants to the attorney general.

J. Notwithstanding section 35-148, monies received by the attorney general from
charges to state agencies and political subdivisions for legal services relating to
interagency service agreements shall be deposited, pursuant to sections 35-146 and
35-147, in an attorney general agency services fund. Monies in the fund are subject to
legislative appropriation and are exempt from the provisions of section 35-190 relating
to lapsing of appropriations.