REFERENCE TITLE: technical correction; license application; clarification

State of Arizona

House of Representatives

Fifty-sixth Legislature

First Regular Session

2023

HB 2091

Introduced by

Representative Payne

An Act

amending section 41-1001.02, Arizona Revised Statutes; relating to administrative procedures.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 41-1001.02, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1001.02. Clarification of interpretation or application; exemption

A. Before submitting an application for a license a person may request from the agency issuing the license a clarification of its interpretation or application of a statute, rule, delegation agreement or substantive policy statement affecting the person's preparation of the application for a license by providing the agency with a written request that states:

1. The name and address of the person requesting the clarification.

2. The statute, rule, delegation agreement or substantive policy statement or part of the statute, rule, delegation agreement or substantive policy statement that the person is requesting be clarified.

3. Any facts relevant to the requested clarification.

4. The person's proposed interpretation of the applicable statute, rule, delegation agreement or substantive policy statement or part of the statute, rule, delegation agreement or substantive policy statement.

5. Whether, to the best knowledge of the person, the issues or related issues are being considered by the agency in connection with an existing license or license application.

B. On receipt of a request that complies with subsection A of this section:

1. The agency may meet with the person to discuss the written request and shall respond within thirty days of the receipt of the written request with a written clarification of its interpretation or application as raised in the written request.

2. The agency shall provide the requestor with an opportunity to meet and discuss the agency's written clarification.

C. Notwithstanding any other law, an agency's written clarification pursuant to this section does not constitute an appealable agency action as defined in section 41-1092 or an action against the party pursuant to section 41-1092.12.

D. Notwithstanding any other law, this section does not apply to the Arizona peace officer standards and training board. END_STATUTE