ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

Senate: GOV DPA/SE 4-2-2-0 | 3rd Read 16-12-2-0

House: RA DP 4-2-0-1

SB 1120: consumer fraud; unlawful practices

NOW: occupational regulations; complaints

Sponsor: Senator Wadsack, LD 17

Caucus & COW

Overview

Permits an agency or occupational association with disciplinary authority over its members to investigate a complaint or take enforcement action only if the complainant has a substantial nexus to the person who is the subject of the complaint.

History

Statute limits occupational regulations to those necessary to fulfill a public health, safety or welfare concern. If an individual is harmed by an occupational regulation, the person may petition the agency to repeal or modify the regulation. Within 90 days after the petition filing, the agency must: 1) repeal or modify the regulation; 2) suggest legislative action to bring the regulation into compliance with current law; or 3) state the basis for why the regulation complies with statute (A.R.S. §§ 41-1093.01, 41-1093.02).

Further, current law permits an individual to file an action in a court of general jurisdiction to challenge an occupational regulation and the court must find by a preponderance of the evidence that the challenged occupational regulation "burdens the entry into or participation in an occupation, trade or profession and that this state has failed to prove by a preponderance of the evidence that the challenged occupational regulation is demonstrated to be necessary to specifically fulfill a public health, safety or welfare concern."  Statute directs the court to enjoin further enforcement of the occupational regulation and award the plaintiff with reasonable attorney's fees and costs. (A.R.S. § 41-1093.03).

Black's Law Dictionary defines nexus as a point of casual intersection, link, relation or connection.

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteStates that regardless of any other law, an agency or occupational association with disciplinary authority over its members may only investigate a complaint and take disciplinary or enforcement action if the complainant has a substantial nexus with the individual who is the subject of the complaint. (Sec. 1, 2)

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