ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session
	House: JUD DPA 9-0-0-0 | 3^rd Read 59-0-0-1 Senate: JUDE DP 6-1-0-0 | 3^rd Read 24-6-0-0 Final Read: 53-2-5-0 | Chapter: 127

---

HB 2451: administrative hearings; change of judge

Sponsor: Representative Willoughby, LD 13

Signed by the Governor

Overview

Grants each party one peremptory change of administrative law judge (ALJ) and broadens when ALJs can be disqualified from a case.

History

The Arizona Court's rules entitle each side in a criminal case to one change of judge as a matter of right. A party may exercise a right to change of judge by filing a notice, which must include an avowal that the party is making the request in good faith (Rules of Crim. Proc., 10.2).

Pursuant to A.R.S. § 41-1092.07, a party in a contested case or appealable agency action is permitted to file a non-peremptory motion, with the director Office of Administrative Hearings, to disqualify an ALJ from conducting a hearing if the ALJ has bias, prejudice, a personal interest or a lack of technical expertise necessary for a hearing.

Provisions

1. Entitles each party, in a contested case or appealable agency action, to one peremptory change of ALJ. (Sec. 1)

2. Expands the grounds for when an ALJ can be changed to include when the ALJ has a conflict of interest or is a material witness. (Sec. 1)

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

---------- DOCUMENT FOOTER ---------

                        HB 2451

Initials NM    Page 0 Signed by the Governor

---------- DOCUMENT FOOTER ---------