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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
proper venue; challenges; policy statements
Purpose
Allows a party that appeals a final administrative decision to bring the action in any proper venue as prescribed.
Background
Statute stipulates that each agency must make rules of practice setting forth the nature and requirements of all formal procedures available to the public.
To ensure fair and open regulation by state agencies, statute outlines
the rights of a person, that include the ability to: 1) allege that an existing
agency practice or substantive policy statement constitutes a rule and have
that agency practice or substantive policy statement declared void;
2) file a complaint with the Administrative Rules Oversight Committee
concerning a rule's, practice's or substantive policy statement's lack of
conformity with statute or legislative intent or an existing statute, rule,
practice alleged to constitute a rule or substantive policy statement that is
alleged to be duplicative or onerous; 3) have the person's administrative hearing
on contested cases and appealable agency actions heard by an independent
administrative law judge; 4) have administrative hearings governed by uniform
administrative appeal procedures and appeal a final administrative decision by
filing a notice of appeal; and 5) file a complaint with the Office of the
Ombudsman-Citizens Aide to investigate administrative acts of agencies. Statute
outlines specified exceptions (A.R.S. §§ 41-1001.01
and 41-1003).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a party that appeals a final administrative decision to the superior court to bring the action in any proper venue.
2. Specifies that, unless otherwise provided by statute, the proper venue may include:
a) the county where the plaintiff, claimant or appellant resides;
b) the county where the plaintiff's, claimant's or appellant's principal place of business is located;
c) the county where the agency is headquartered; and
d) Maricopa County.
3. Prohibits, unless otherwise provided by statute, 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 to submit or receive documentation that supports the analysis used to propose or finalize a final administrative decision.
5. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Requires a proper venue for an action to review a final administrative decision to control if expressly prescribed by statute.
2. Adds claimants and appellants as parties that may bring an action in any proper venue.
3. Reinserts the exemption to the definition of substantive policy statement.
House Action Senate Action
GOV 2/7/24 DPA 9-0-0-0 GOV 3/21/24 DP 6-1-1
3rd Read 2/29/24 59-0-0-0-1
Prepared by Senate Research
April 9, 2024
JT/MA/slp