State SealARIZONA HOUSE OF REPRESENTATIVES

 

HB 2062: permits; licenses; denials; agency hearings

PRIME SPONSOR: Representative Shope, LD 8

BILL STATUS: House Engrossed

Legend: Amendments – BOLD and Stricken (Committee)

Abstract

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRelating to the rules and procedures of agency hearings.

Provisions

1.       Requires all agency hearings to comply with either the uniform administrative hearing procedures or the rules of procedure and evidence required in judicial proceedings, unless knowingly and voluntarily waived by the parties.  (Sec. 1, 3)

o   Currently, a contested case is permitted to be conducted in an informal manner without adherence to the rules of evidence required in judicial proceedings (A.R.S. §§ 41-1062 & 41-1092.07).

2.       Removes language stating that neither the manner of conducting the hearing nor the failure to adhere to rules of evidence are grounds for reversing any administrative decision. (Sec. 1, 3)

3.       Specifies that at a hearing in which an applicant seeks a review of an agency's denial of a license or permit or modification of a license or permit, the agency has the burden of persuasion. (Sec. 3)

4.       States that the burden of proof in all agency hearings is the preponderance of the evidence (Sec. 2)

5.       Stipulates that an agency or political subdivision must clearly and unambiguously state the criteria for approval of a license that is required before a person engages in a constitutionally protected activity, unless the criteria is established by federal law.

a.       Requires a court of competent jurisdiction to determine whether the language is clear and unambiguous without deference to the Legislature, agency or political subdivision. (Sec. 2)

6.       Specifies that if a written clarification is issued by an agency or a rule is adopted, the language of any approval criteria is considered clear and unambiguous.  (Sec. 2)

7.       Entitles an applicant for a license to review and determination of approval or denial by an agency or political subdivision within 30 days of submission, unless a different time frame is specified by law or rule. (Sec. 2)

8.       Makes technical and conforming changes. (Sec. 1, 2, 3)

Current Law

All persons and agencies in a contested case are required to be afforded an opportunity for a hearing after a reasonable notice (A.R.S. § 41-1061).  In contested cases, a hearing may be conducted in a formal manner and without adherence to the rules of evidence required in judicial proceedings.  Neither the manner of conducting the hearing or the failure to adhere to the rules of evidence are considered grounds for reversing any administrative decision or order (A.R.S. § 41-1062).

 

 

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Fifty-third Legislature                  HB 2062

Second Regular Session                               Version 3: House Engrossed

 

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