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ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
administrative review of agency decisions
Purpose
Requires a trial to review a final administrative decision of agencies that regulate a profession or occupation to be a do 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.
Background
All parties must be afforded an opportunity for a hearing in a contested case involving a state agency (A.R.S. § 41-1061). Most contested cases and appeals of state agency actions are overseen by the Office of Administrative Hearings (OAH) pursuant to the Uniform Administrative Hearing Procedures requirements. Contested cases within agencies exempt from OAH hearing requirements are instead conducted by the state agency pursuant to the requirements for adjudicative proceedings (A.R.S. Title 41, Chapter 6, Articles 6 and 10).
The superior court has jurisdiction to review final administrative decisions, unless another venue is expressly outlined in statute (A.R.S. § 12-905). An affected party in a final administrative decision must file a notice of appeal within 35 days of receiving the decision in order to commence an action to review a final administrative decision. The notice of appeal must contain a statement of the findings and decisions sought to be reviewed (A.R.S. § 12-909).
After reviewing the administrative record and supplementing evidence, the court may affirm, reverse, modify or vacate and remand the agency action. The court must affirm the agency action, unless the court concludes that the agency action is contrary to law, not supported by substantial evidence, arbitrary and capricious or an abuse of discretion. In proceedings brought by or against a regulated party, the court must decide all questions of law without deference to any previous determination by the agency. For review of final administrative decisions subject to adjudicative proceedings requirements, the trial must be a trial de novo, if: 1) demanded in the notice of appeal or motion of an appellee other than the agency; and 2) a hearing was either not held by the agency or not reported or recorded to maintain a transcript (A.R.S. § 12-910).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a trial, in an action to review a final administrative decision of certain state agencies that regulate a profession or occupation, to be de novo if demanded in the notice of appeal or motion of an appellee other than the agency.
2. Allows a de novo trial to be held without a jury, if demanded by any party in an action to review a final administrative decision of certain state agencies that regulate a profession or occupation.
3. Requires a court, in a proceeding brought by or against a regulated party, to decide all questions of fact without deference to any previous determination that may have been made on the question of the state agency.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
Prepared by Senate Research
February 13, 2020
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