ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: COM DPA 9-1-0-0

HB 2242: agency actions; procedures; fee awards

Sponsor: Representative Grantham, LD 12

Caucus & COW

Overview

Modifies the maximum allowable amount of court fees that may be awarded to a prevailing party in certain cases against the state or a city or county. Clarifies the applicability of statutory inspection and audit requirements.

History

A court must award fees and other expenses to any party other than the state or a city, town or county that prevails in an adjudication on the merits of certain cases, including a: 1) civil action brought by the state or a city, town or county against a party; 2) court proceeding to review an agency decision; and 3) special action brought by a party to challenge an action by the state or a city, town or county against a party. A court must base any award of fees on the prevailing market rates for the kind and quality of services furnished with statutory caps for expert witnesses, attorney fees and other fees and expenses. In court actions that involve certain taxation-related circumstances, statute allows a higher maximum rate to be paid to expert witnesses and attorneys and allows for a higher total cap for all fees and other expenses paid to a prevailing party other than the state or a city, town or county (A.R.S. § 12-348).

Provisions

1. Removes the ineligibility of a court expert to receive compensation in excess of the highest rate of compensation paid by the state, city, town or county. (Sec. 1)

2. Removes language relating to a $75 per hour cap on award of attorney fees in court cases that are not tax related. (Sec. 1)

3. Specifies the $350 per hour cap on award of attorney fees to a prevailing party applies to all applicable court cases, rather than just tax related. (Sec. 1)

4. Removes language relating to a $10,000 cap on award of fees against a city or county in court cases that are not tax related. (Sec. 1)

5. Specifies the cap on award of fees against this state or a city or county to a prevailing party applies to all applicable court case, rather than just tax related.

a) Increases the cap from $75,000 to $125,000. (Sec. 1)

6. Entitles a person to have an agency not base a decision regarding any filing or other matter submitted to an agency on a requirement or condition that is not specifically authorized by a statute, rule, federal law or regulation or state Tribal gaming compact. (Sec. 3)

7. Specifies that statutory inspection and audit requirements relating to inspections and audits of a regulated person's premises by state agency inspectors, auditors or regulators apply to all state agencies that conduct inspections and audits. (Sec. 4)

8. Specifies that statutory inspection and audit requirements govern if a conflict arises between a regulated person's rights pursuant to statutory inspection and audit requirements and another section of statute. (Sec. 4)

9. Prohibits a state agency from basing a decision regarding any filing or other matter submitted by a licensee on a requirement or condition that is not specifically authorized by statute, rule, federal law or regulation or state Tribal gaming compact. (Sec. 5)

10. Specifies a general grant of authority in statute does not constitute a basis for imposing a requirement or condition for approval of a decision on any filing or other matter submitted by a licensee unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. (Sec. 5)

11. Deems, as an appealable agency action, a determination by an agency that an application is not administratively complete.

a) Entitles the applicant to an adjudication on the merits of the administrative completeness of the application, if timely initiated.

b) Exempts the Department of Water Resources applications. (Sec. 6)

12. Modifies the definition of appealable agency action to include the administrative completeness of an application. (Sec. 7)

13. Defines appealable agency action and licensing decision. (Sec. 2)

14. Modifies the definition of licensing. (Sec. 2)

15. Contains an applicability clause. (Sec. 8)

16. Makes a conforming change. (Sec. 5)

Amendments

Committee on Commerce

1. Makes a clarifying change.

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5. HB 2242

6. Initials PRB Page 0 Caucus & COW

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