ARIZONA HOUSE OF REPRESENTATIVES Fifty-fourth Legislature Second Regular Session
	Senate: GOV DPA 4-3-0-0 | 3^rd Read 17-13-0-0

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SB 1507: administrative review of agency decisions

Sponsor: Senator Mesnard, LD 17

Committee on Regulatory Affairs

Overview

Requires that a trial reviewing a final administrative decision of specified regulating agencies be a de novo trial, if demanded by an appellee other than the agency. Requires a court, in a review of a final administrative decision brought by or against a regulated party, to decide all questions of fact without deference to any previous determination.

History

An administrative agency (Agency) means every agency, board, commission, department or officer authorized by law to exercise rulemaking powers or to adjudicate contested cases, whether created by constitutional provision or legislative enactment. Except for appeals concerning slum properties, Agency does not include an agency in the judicial or legislative departments of the state government, any political subdivision or municipal (A.R.S. § 12-901).

The superior court (Court) has jurisdiction to review final administrative decisions unless another venue is expressly outlined in statute. After reviewing the administrative record and supplementing evidence presented at the evidentiary hearing, the Court can affirm, reverse, modify or vacate and remand the action of an Agency. The Court must affirm the Agency action unless the Court finds that action contrary to law, not supported by substantial evidence, arbitrary and capricious or an abuse of discretion. The Court decides all questions of law in a proceeding brought by or against the regulated party, without deference to any previous determination made by the Agency (A.R.S. §§ 12-905,12.910).

Provisions

1. States that for review of final administrative decisions by Agencies who regulate the following professions or occupations, the trial must be de novo if demanded by an appellee, other than the Agency, in a notice of appeal or motion:

a) Professions and or occupations under Title 32;

b) Nursing care institutions and assisted living facilities;

c) Midwifery; and

d) Hearing aid dispensers, audiologists and speech-language pathologists. (Sec. 1)

2. Broadens the powers and duties of the Court to decide on all questions of fact in a proceeding brought by or against the regulated party, without deference to any previous determination made by the Agency. (Sec. 1)

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

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                        SB 1507

Initials JR/LB  Page 0 Regulatory Affairs

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