JONES, Judge:
¶ 1 Brian Berndt appeals the superior court's order on appeal affirming his termination as a corrections officer with the Arizona Department of Corrections (Department). The Arizona State Personnel Board (Board) had determined allegations of sexual harassment and insubordination against Berndt were unfounded, classified Berndt's actions as horseplay, a less serious offense, and ordered the discipline reduced to an eighty-hour suspension. The Department rejected the Board's decision, and the parties now dispute whether the Department was authorized to do so.
¶ 2 To resolve the issue we interpret Arizona Revised Statutes (A.R.S.) section 41-783,
¶ 3 In October 2007, Berndt began working as a corrections officer II at the Department's state prison in Tucson. In June 2013, the Department issued Berndt a notice of charges citing an incident in which he was observed twisting his nipples in the presence of several other staff members. The Department alleged Berndt's actions violated its policies against sexual harassment
¶ 4 Berndt appealed the termination to the Board. Following an evidentiary hearing, a hearing officer issued proposed findings of fact and conclusions of law that were later adopted by the Board. The Board determined the Department had failed to prove the material facts upon which the discipline was based by a preponderance of the evidence. Specifically, it found no support for the Department's claims that: (1) Berndt's actions were sexually explicit, (2) Berndt lied about his behavior, or (3) Berndt willfully or intentionally refused to obey any specific direction from his employer. The Board also found evidence the Department acted arbitrarily and capriciously in terminating Berndt because it had made "no real effort" to locate, question, or discipline the other officer allegedly engaged in the purported misconduct. The Board noted the record contained an internal human resources document from the Department authorizing Berndt's termination the same day he was issued the notice of charges and before he had an opportunity to respond.
¶ 5 The Board concluded the Department failed to prove the charges against Berndt by a preponderance of the evidence and that Berndt's behavior "would more properly fall into the category of `horseplay.'" Relying upon the Department's established policy to implement progressive discipline in the case of less serious acts of misconduct,
¶ 6 In December 2013, the Department advised Berndt it was "rejecting the Board's recommendation in its entirety and upholding the dismissal action," offering no explanation for its decision. Berndt appealed to the superior court, arguing the Department's decision was arbitrary and capricious, not supported by the evidence, and constituted an unlawful procedure.
¶ 7 On appeal, the superior court determined the matter was governed by A.R.S. § 41-783(E), which does not require the Department to state reasons for accepting, modifying, or rejecting the Board's decision. Granting deference to the Department as the final decision-maker under A.R.S. § 41-783(E), the superior court declined to "second-guess" the Department's decision to terminate Berndt and affirmed.
¶ 8 Berndt timely appealed.
¶ 9 Berndt first contends the superior court erred in failing to apply the rules contained in Title 38, Chapter 8, of the Arizona Revised Statutes, governing the rights and responsibilities of law enforcement officers. See A.R.S. §§ 38-1101 to -1104 (Supp.2013). Pursuant to A.R.S. § 38-1101(K):
This section applies to law enforcement officers, specifically including "[a] detention officer or corrections officer, other than a probationary employee, who is employed by this state." A.R.S. § 38-1101(P)(4)(b).
¶ 10 The Department contends Title 41, Chapter 4, governing employment of state personnel generally is more recent and therefore trumps the application of A.R.S. § 38-1101. The provisions of Title 41, Chapter 4, apply to "a covered employee," specifically including "an employee who . . . [b]efore September 29, 2012 is in the state service [and] is employed as a . . . correctional officer II . . . and has remained in covered status without a break in service since that date."
¶ 11 We review questions of statutory interpretation de novo. See In re Estate of Riley, 231 Ariz. 330, 332, ¶ 9, 295 P.3d 428, 430 (2013). The basic principles of statutory interpretation are well-established:
Fleming v. Dep't of Public Safety, 237 Ariz. 414, 417, ¶ 12, 352 P.3d 446, 449 (2015) (citing Bell v. Indus. Comm'n, 236 Ariz. 478, 480, ¶ 7, 341 P.3d 1149, 1151 (2015), and Orca Commc'ns Unlimited, L.L.C. v. Noder, 236 Ariz. 180, 182, ¶ 9, 337 P.3d 545, 547 (2014)) (internal quotations omitted). Only if two statutes truly conflict do we apply the more recent or more specific provision and disregard the other. Baker v. Gardner, 160 Ariz. 98, 101, 770 P.2d 766, 769 (1988) (citing Pima Cnty. v. Heinfeld, 134 Ariz. 133, 136, 654 P.2d 281, 284 (1982), and State v. Davis, 119 Ariz. 529, 534, 582 P.2d 175, 180 (1978)).
¶ 12 Although A.R.S. §§ 38-1101(K) and 41-783(E) differ, we find no conflict prohibiting the reasonable application of both or that would otherwise require one to be applied to the exclusion of the other. As a covered employee within the meaning of A.R.S. § 41-741(5)(b), Berndt is entitled to appeal his termination under A.R.S. § 41-783(E). As a law enforcement officer within the meaning of A.R.S. § 38-1101(P)(4)(b), however, Berndt is afforded additional statutory protections—namely, restrictions upon the circumstances under which the employing agency may reject the Board's decision—which are not contained in Title 41. See A.R.S. § 38-1101(K).
¶ 13 While we need not consider the legislative history or purpose of A.R.S. § 38-1101(K) to effectuate its plain language, see Fleming, 237 Ariz. at 417, ¶ 12, 352 P.3d at 449, our conclusion is bolstered by the legislature's apparent intention, in adopting a separate set of statutes to address the rights, responsibilities, and protections afforded law
¶ 14 The Department's reliance upon A.R.S. § 41-1830.16, which provides a mechanism for appeal from a disciplinary proceeding against a full authority peace officer,
¶ 15 Accordingly, we hold that because Berndt was employed as a law enforcement officer within the meaning of A.R.S. § 38-1101(P)(4)(b), the Department could reject the Board's decision only if it: (1) found the Board's action was arbitrary and capricious, and (2) provided reasons for its rejection, as set forth in A.R.S. § 38-1101(K). The Department did not comply with either requirement and thereby erred in rejecting the Board's decision.
¶ 16 The Department urges us to remand the matter to allow it to explain its rejection of the Board's decision and termination of Berndt. See, e.g., Caldwell v. Ariz. State Bd. of Dental Exam'rs, 137 Ariz. 396, 401, 670 P.2d 1220, 1225 (App.1983) (noting "[r]emand to an administrative agency or board is appropriate where the agency has been found to have violated a statutory procedural requirement"). However, we decline to do so where it is apparent as a matter of law that the Board's decision was not arbitrary and capricious, and therefore, the Department was without discretion to reject it. See Levandoski v. Ford, 52 Ariz. 454, 459, 83 P.2d 281 (1938) ("To remand the case . . . when it is clear that another trial would disclose the situation now before us would be requiring a futile thing and courts do not take actions of this character.").
¶ 17 In arriving at that conclusion, we are mindful that a punishment will rarely be found arbitrary when it falls within the permissible range. See Coplan v. Ariz. State Bd. of Appraisal, 222 Ariz. 599, 601-02, 218 P.3d 1056, 1058-59 (App.2009) (citing Maricopa Cnty. Sheriff's Office v. Maricopa Cnty. Emp. Merit Sys. Comm'n, 211 Ariz. 219, 222 n. 6, ¶ 16, 119 P.3d 1022, 1025 n. 6 (2005)). Both Berndt and the Department rely upon the range of options provided by the chart of disciplinary sanctions adopted by the Department in advancing their arguments. Relevant to Berndt's position within the chart, the Board found the facts proven by the Department amounted to horseplay, a class three offense. Relying upon information reported by the Department, the Board further
¶ 18 This conclusion is supported by additional findings of the Board suggesting the Department's decision to terminate Berndt was arbitrary and capricious. First, the Board noted the Department "made no real effort . . . to locate, question, nor discipline" the officer involved in the events giving rise to Berndt's termination. See Maricopa Cnty. Emp. Merit Sys., 211 Ariz. at 222 n. 6, ¶ 16, 119 P.3d at 1025 n. 6 ("Arbitrariness can arise . . . when similarly situated employees receive differing sanctions for the same offense.") (citing Pinal Cnty. v. Pinal Cnty. Emp. Merit Sys. Comm'n, 211 Ariz. 12, 18, ¶ 18, 116 P.3d 624, 630 (App.2005)). Second, the Department authorized Berndt's termination the very same day it issued the notice of charges. Doing so violated specific Department policy, whereby the employee has the right to provide a written response to the notice of charges and the Department is instructed to consider that response prior to making a decision to impose discipline. Where it does not permit the fact finding process to run its course before making a decision, the Department impermissibly acts as judge and jury without the benefit of a meaningful appeal, thereby eviscerating any real opportunity for Berndt to be heard regarding the alleged misconduct before a predetermined sanction is imposed. See Comeau v. Ariz. State Bd. of Dental Exmn'rs, 196 Ariz. 102, 106-07, ¶ 20, 993 P.2d 1066, 1070-71 (App.1999) (noting due process requires "the opportunity to be heard at a meaningful time and in a meaningful manner") (quoting Mathews v. Eldridge, 424 U.S. 319, 333, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976)) (internal quotations omitted); Deuel v. Ariz. State Sch. for Deaf & Blind, 165 Ariz. 524, 526, 799 P.2d 865, 867 (App.1990) (recognizing continued employment with a state agency is a constitutionally protected property interest triggering a procedural due process right) (citing Vanelli v. Reynolds Sch. Dist. No. 7, 667 F.2d 773, 777 (9th Cir.1982)).
¶ 19 We conclude, as a matter of law, the Board acted within its discretion in finding the Department had failed to prove the basis for discipline by a preponderance of the evidence and reducing the sanction to an eighty-hour suspension. Because the Board's actions were not arbitrary and capricious, the Department had no authority to reject its decision.
¶ 20 We reverse the order of the superior court and remand to the superior court with instructions to enter an order reversing the Department's termination of Berndt's employment and reinstating the disciplinary sanctions ordered by the Board.
¶ 21 Berndt requests his attorneys' fees and costs on appeal pursuant to A.R.S. § 12-348(A)(2) and ARCAP 21. As the prevailing party, Berndt is awarded his reasonable attorneys' fees and costs incurred on appeal upon compliance with ARCAP 21(b).
THUMMA, Judge, dissenting in part: