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REFERENCE TITLE: licensing; accountability; enforcement; exceeding regulation |
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State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015
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HB 2212 |
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Introduced by Representative Petersen
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AN ACT
Amending sections 9-834, 11-1604, 41-1030 and 48-3644, Arizona Revised Statutes; relating to licensing decisions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-834, Arizona Revised Statutes, is amended to read:
9-834. Prohibited acts by municipalities and employees; enforcement; notice
A. A municipality shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule, ordinance or code. A general grant of authority does not constitute a basis for imposing a licensing requirement or condition unless the authority specifically authorizes the requirement or condition.
B. Unless specifically authorized, a municipality shall avoid duplication of other laws that do not enhance regulatory clarity and shall avoid dual permitting to the maximum extent practicable.
C. This section does not prohibit municipal flexibility to issue licenses or adopt ordinances or codes.
D. A municipality shall not request or initiate discussions with a person about waiving that person's rights.
E. This section may be enforced in a private civil action and relief may be awarded against a municipality. The court shall award reasonable attorney fees, lost opportunity costs, delay costs, damages and all fees associated with the license application to a party that prevails in an action against a municipality for a violation of this section.
F. A municipal employee may not participate in a violation of this section.
G. A municipality shall prominently print the language of this section on all license applications.
Sec. 2. Section 11-1604, Arizona Revised Statutes, is amended to read:
11-1604. Prohibited acts by county and employees; enforcement; notice
A. A county shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule, ordinance or delegation agreement. A general grant of authority does not constitute a basis for imposing a licensing requirement or condition unless the authority specifically authorizes the requirement or condition.
B. Unless specifically authorized, a county shall avoid duplication of other laws that do not enhance regulatory clarity and shall avoid dual permitting to the maximum extent practicable.
C. This section does not prohibit county flexibility to issue licenses or adopt ordinances or codes.
D. A county shall not request or initiate discussions with a person about waiving that person's rights.
E. This section may be enforced in a private civil action and relief may be awarded against a county. The court shall award reasonable attorney fees, lost opportunity costs, delay costs, damages and all fees associated with the license application to a party that prevails in an action against a county for a violation of this section.
F. A county employee may not participate in a violation of this section.
G. A county shall prominently print the language of this section on all license applications.
Sec. 3. Section 41-1030, Arizona Revised Statutes, is amended to read:
41-1030. Invalidity of rules not made according to this chapter; prohibited agency action; prohibited acts by state employees; enforcement; notice
A. A rule is invalid unless it is made and approved in substantial compliance with sections 41‑1021 through 41‑1029 and articles 4, 4.1 and 5 of this chapter, unless otherwise provided by law.
B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition.
C. An agency shall not:
1. Make a rule under a specific grant of rule making rulemaking authority that exceeds the subject matter areas listed in the specific statute authorizing the rule.
2. Make a rule under a general grant of rule making rulemaking authority to supplement a more specific grant of rule making rulemaking authority.
D. This section may be enforced in a private civil action and relief may be awarded against the state. The court shall award reasonable attorney fees, lost opportunity costs, delay costs, damages and all fees associated with the license application to a party that prevails in an action against the state for a violation of this section.
E. A state employee may not participate in a violation of this section.
F. An agency shall prominently print the language of subsections B, D and E of this section and this subsection on all license applications.
Sec. 4. Section 48-3644, Arizona Revised Statutes, is amended to read:
48-3644. Prohibited acts by district and employees; enforcement; notice
A. A district shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule, regulation, ordinance, executive order or delegation agreement. A general grant of authority does not constitute a basis for imposing a licensing requirement or condition unless the authority specifically authorizes the requirement or condition.
B. Unless specifically authorized, a district shall avoid duplication of other laws or executive orders that do not enhance regulatory clarity and shall avoid dual permitting to the maximum extent practicable.
C
. This section does not prohibit district flexibility to issue licenses or adopt ordinances or regulations.
D. A district shall not request or initiate discussions with a person about waiving that person's rights.
E. This section may be enforced in a private civil action and relief may be awarded against the district. The court shall award reasonable attorney fees, lost opportunity costs, delay costs, damages and all fees associated with the license application to a party that prevails in an action against the district for a violation of this section.
F. A district employee may not participate in a violation of this section.
G. A district shall prominently print the language of this section on all license applications.