Unless review is sought pursuant to section 23-358, the department‘s determination shall be final upon the expiration of the time for seeking review. A final determination by the department shall be in writing and signed by the director. The final determination may be filed, recorded and executed upon in the same manner as provided by law for judgments and shall draw interest at the same rate as a judgment from the date of final determination. A final determination of the department which determines or purports to determine the validity or amount of any counterclaim or any claim of debt, reimbursement, recoupment or set-off by the employer shall be binding and conclusive only as to the amount of wages to be paid the employee, if any, and shall not in any way preclude the employer from raising and litigating such counterclaim or claim in a civil action.

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Terms Used In Arizona Laws 23-359

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Department: means the labor department of the industrial commission of Arizona. See Arizona Laws 23-350
  • Employee: means any person who performs services for an employer under a contract of employment either made in this state or to be performed wholly or partly within this state. See Arizona Laws 23-350
  • Employer: means any individual, partnership, association, joint stock company, trust or corporation, the administrator or executor of the estate of a deceased individual or the receiver, trustee or successor of any of such persons employing any person. See Arizona Laws 23-350
  • Wages: means nondiscretionary compensation due an employee in return for labor or services rendered by an employee for which the employee has a reasonable expectation to be paid whether determined by a time, task, piece, commission or other method of calculation. See Arizona Laws 23-350
  • Writing: includes printing. See Arizona Laws 1-215
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