First Regular Session S.B. 1072
PROPOSED AMENDMENT
SENATE AMENDMENTS TO S.B. 1072
(Reference to printed bill)
Page 1, line 9, after "E" insert "or F"
Line 36, after the period insert "except as provided in subsection C of this section,"
Line 37, after "reviewing" strike remainder of line
Line 38, strike "at the evidentiary hearing" insert "review the administrative record and supplementing evidence presented at the evidentiary hearing to determine whether findings of fact made in an administrative decision are"
Line 39, strike "supported by substantial evidence" insert "supported by substantial evidence."
Line 40, after "discretion" insert "the court shall"; strike "fact and"
Line 44, strike "hearing" insert "action"; after the period insert "the court Shall hold unlawful and set aside agency action that is contrary to law, is not supported by substantial evidence or is an abuse of discretion."
After line 45, insert:
"f. Notwithstanding subsection E of this section, if the action arises out of title 20, chapter 15, article 2, the court shall affirm the agency action unless after reviewing the administrative record and supplementing evidence presented at the evidentiary hearing the court concludes that the action is not supported by SUBSTANTIAL evidence, is CONTRARY to law, is arbitrary and capricious or is an abuse of discretion.
g. This section does not apply to an agency action by an agency that is created PURSUANT to Article XV, Constitution of Arizona."
Amend title to conform