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REFERENCE TITLE: state agency rulemaking; restrictions |
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State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015
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HB 2297 |
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Introduced by Representative Farnsworth E
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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; affirmative defense; fees and costs; exceptions
A. Notwithstanding any other law, an agency may 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 the rule is either of the following:
1. A component of a comprehensive effort to reduce regulatory restraints or burdens.
2. 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 an affirmative defense to the enforcement action. Any court or administrative 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 administrative body may award the prevailing party, other than the agency, attorney fees and costs.
C. This section does not apply to rules that either:
1. Govern public employees.
2. Are necessary for health regulatory boards established pursuant to title 32 to provide for public safety and enforce standards 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 established under the authority of the constitution of Arizona.