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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
administrative hearings; change of judge
Purpose
Grants one peremptory change of administrative law judge to the parties to a contested case or an appealable agency action and adds conflicts of interest and being a material witness in an action to the reasons for which a party may file a nonperemptory motion to disqualify an administrative law judge.
Background
A party to a contested case or appealable agency action may file a nonperemptory motion with the Director of the Office of Administrative Hearings to disqualify the office of an administrative law judge from conducting a hearing for bias, prejudice, personal interest or lack of technical expertise necessary for a hearing. The parties to a contested case or appealable agency action have the right to: 1) be represented by counsel; 2) submit evidence; and 3) cross-examine witnesses. The administrative law judge may issue subpoenas to compel the attendance of witnesses and the production of documents. The subpoenas must be served and, on application to the superior court, enforced in the same manner as is provided for the service and enforcement of subpoenas in civil matters. The administrative law judge may administer oaths and affirmations to witnesses and all parties must have the opportunity to respond and present evidence and argument on all relevant issues (A.R.S. § 41-1092.07).
An appealable agency action is an action that determines the legal rights, duties or privileges of a party, including the administrative completeness of an application other than an application submitted to the Arizona Department of Water Resources, and that is not a contested case. Appealable agency actions do not include: 1) interim orders by self-supporting regulatory boards; 2) rules, orders, standards or statements of policy of general application issued by an administrative agency to implement, interpret or make specific the legislation enforced or administered by it or clarifications of interpretation; or 3) rules concerning the internal management of the agency that do not affect private rights or interests. A contested case is any proceeding, including prescribed rate making, price fixing and licensing, in which the legal rights, duties or privileges of a party are required or permitted by law to be determined by an agency after an opportunity for an administrative hearing (A.R.S. §§ 41-1001 and 41-1092).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
2. Adds conflicts of interest, and being a material witness in an action, to the list of reasons for which a party in a contested case or an appealable agency action may file a nonperemptory motion to disqualify an administrative law judge from conducting a hearing.
3. Adds any action taken by an agency to regulate a license to the definition of licensing decision.
4. Specifies that any action taken by an agency to regulate a license includes decisions related to:
a) renewing, revoking or suspending the license;
b) imposing fines or civil penalties; or
c) taking other administrative action against the licensee.
5. Makes technical changes.
6. Becomes effective on the general effective date.
House Action
JUD 2/5/25 DPA 9-0-0-0
3rd Read 2/19/25 59-0-1
Prepared by Senate Research
March 3, 2025
ZD/KS/ci