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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
disciplinary action; appeal; superior court
Purpose
Authorizes the appeal of a disciplinary action decision to terminate a law enforcement officer to the superior court for a new trial.
Background
An employer or a person acting on behalf of an employer may amend, modify, reject or reverse the portion of a decision made by a hearing officer, administrative law judge or appeals board that was arbitrary or without reasonable justification, except where a statute, rule or ordinance makes an administrative evidentiary hearing the final administrative determination and after a hearing where the law enforcement officer and employer have been equally allowed to call and examine witnesses, cross-examine witnesses, provide documentary evidence and otherwise fully participate in the hearing, the employer or person acting on behalf of the employer must state the reason for the amendment, modification, rejection or reversal (A.R.S. § 38-1106).
A law enforcement
officer is: 1) an individual, other than a probationary employee, who is
certified by the Arizona Peace Officer Standards and Training Board, other than
a person employed by a multi-county water conservation district; 2) a detention
or corrections officer, other than a probationary employee or juvenile
detention officer, who is employed by the state or a political subdivision of
the state; 3) a nonprobationary regularly appointed and paid deputy sheriff of
a county; or 4) a nonprobationary regularly employed police officer in a city
or town (A.R.S.
§ 38-1101).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows either a law enforcement officer or the employer to appeal any disciplinary action decision of termination of a law enforcement officer by a hearing officer, administrative law judge or appeals board to a superior court.
2. Specifies that the prescribed right to appeal is notwithstanding any other law.
3. Requires the disciplinary action of termination to be heard in a new trial.
4. Specifies that, for all disciplinary actions on appeal other than the termination of a law enforcement officer, an employer or a person acting on behalf of an employer may amend, modify, reject or reverse the portion of a decision made by a hearing officer, administrative law judge or appeals board that was arbitrary or without reasonable justification.
5. Makes technical and conforming changes.
6. Becomes effective on the general effective date.
Prepared by Senate Research
February 9, 2026
KJA/KM/hk