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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HOUSE BILL 2459 |
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AN ACT
amending title 41, chapter 6, article 3, Arizona Revised Statutes, by adding section 41-1038; relating to state agency rulemaking.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 6, article 3, Arizona Revised Statutes, is amended by adding section 41-1038, to read:
41-1038. Rules; restrictions; fees and costs; exceptions
A. Notwithstanding any other law, an agency shall not adopt any new rule that would increase existing regulatory restraints or burdens on the free exercise of property rights or the freedom to engage in an otherwise lawful business or occupation unless:
1. The rule is a component of a comprehensive effort to reduce regulatory restraints or burdens.
2. The rule is strictly ministerial in implementing legislative standards that manifest a clear legislative determination of all relevant public policies.
B. Any person who is subject to a civil or criminal proceeding arising from the enforcement of a rule in violation of subsection A of this section has a defense to the enforcement action. Any court or adjudicatory body considering or reviewing the defense shall rule on its merits without deference to any legislative, administrative or executive finding concerning the rule. The court or adjudicatory body may award the prevailing party, other than the agency, attorney fees and costs.
C. This section does not apply to:
1. Rules governing public employees.
2. Rules that are necessary for title 32 health regulatory boards to provide for public safety and enforce the standard of care.
D. For the purposes of this section, agency does not include any board, commission, department, officer or other administrative unit of this state created under the authority of the constitution of Arizona.