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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
notary
public; examination; repeal
(NOW: public hearing definition; hearing officer)
Purpose
Prescribes disclosure requirements relating to public hearings for municipal zoning matters.
Background
A municipality's planning commission or hearing officer must hold a public hearing on any zoning ordinance. Notice of the time and place of the hearing, including a general explanation of the matter to be considered and a general description of the area affected, must be given 15 days before the hearing, as prescribed. After the hearing, the planning commission or hearing officer must render a decision in the form of a written recommendation to the municipality's governing body. If the planning commission or hearing officer held a public hearing, the governing body may adopt the recommendation without holding a second public hearing if there is no objection, request for public hearing or other protest. The governing body may consider the testimony of any party aggrieved when making its decision. If there is no planning commission or hearing officer, the municipality's governing body must perform the functions assigned to the planning commission or hearing officer (A.R.S. § 9-462.04).
The legislative body of a municipality may establish the position of hearing officer and delegate to a hearing officer the authority to conduct public hearings for zoning ordinances and on other matters as the legislative body may provide by ordinance. Hearing officers are appointed on the basis of training and experience that qualifies them to conduct hearings and make findings and conclusions on the matters heard (A.R.S. § 9-462.08).
The legislative body of a municipality, by ordinance, must establish a board of adjustment which consists of between five and seven members appointed by the legislative body, except that the legislative body may be established as the board of adjustment. A board of adjustment must hear and decide appeals from decisions of the zoning administrator, exercise other powers as may be granted by the ordinance and adopt rules and procedures necessary or convenient for the conduct of its business (A.R.S. § 9-462.06).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a party who gives testimony or who submits written comments at a public hearing for a zoning ordinance before the municipality's governing body to declare whether the party has received compensation in any form to testify at the hearing or to submit written comments.
2. Requires a member of a municipality's board of adjustment to disclose whether the member has been a board member or officer of any entity that appears before the board of adjustment.
3. States that a member of a board of adjustment is disqualified from participating in any matter that involves an entity of which the member of the board of adjustment served as a board member or officer in the five years preceding the date of the hearing that is before the board of adjustment.
4. Requires a municipality's hearing officer to disclose whether the hearing officer has been a board member or officer of any entity that appears before the hearing officer.
5. States that a hearing officer is disqualified from hearing any matter that involves an entity in which the hearing officer served as a board member or officer in the five years preceding the date of the hearing that is before the hearing officer.
6. Makes technical changes.
7. Becomes effective on the general effective date.
House Action
GOV 2/18/26 DPA/SE 7-0-0-0
3rd Read 2/26/26 53-0-7
Prepared by Senate Research
March 16, 2026
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