ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session

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HB 2490: proper venue; challenges; policy statements

Sponsor: Representative Bliss, LD 1

Committee on Government

Overview

Modifies statute relating to an appeal of a final administrative decision.

History

Current law defines a substantive policy statement as a written expression that informs the general public of an agency's current approach to the requirements of the federal or state constitution, statute or administrative rule.  A substantive policy statement is advisory only and does not include internal procedural documents that only affect the internal procedures of the agency and does not impose additional requirements on regulated parties (A.R.S. § 41-1001).

In order to ensure fair and open regulation by state agencies, a person is entitled various rights including the inspection of all rules and substantive policy statements of an agency and the right to review the full text or summary of all rulemaking activity, the summary of substantive policy statements and the full text of executive orders in the register (A.R.S. § 41-1001.01).

Provisions

1. Authorizes a party that appeals a final administrative decision to the superior court to bring the action in any proper venue. (Sec. 2)

2. Establishes that the proper venue includes:

a) the county where a plaintiff resides;

b) the county where a plaintiff's principal place of business is located;

c) the county where the agency is headquartered; and

d) Maricopa County. (Sec. 2)

3. Prohibits an agency from:

a) restricting the proper venue for any appeal of a final administrative decision; or

b) requiring a party to travel to the agency's county, venue or headquarters for documentation that supports the analysis used for a final administrative decision. (Sec. 2)

4. Modifies the definition of substantive policy statement to include internal procedural documents. (Sec. 1)

5. Makes technical and conforming changes. (Sec. 1)

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