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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
nonhealthy regulatory board; challenges; prohibition
Purpose
Requires the Office of Administrative Hearing (OAH) to certify that the administrative law judge's (ALJ) decision is the final administrative decision of nonhealth profession regulatory boards.
Background
An agency must serve notice of an appealable agency action or contested case. A party may obtain a hearing on an appealable agency action or contested case by filing a notice of appeal or request for a hearing with the agency within 30 days after receiving the notice. The agency must notify the OAH of the appeal or request for a hearing and the OAH must schedule a hearing. An ALJ of the OAH must issue a written decision within 20 days after the hearing is concluded. Within 30 days after the date the OAH sends a copy of the decision to the agency head, executive director, board or commission, the agency head, executive director, board or commission may review the decision and accept, reject or modify it. The agency head's decision is the final administrative decision unless: 1) the agency head, executive director, board or commission does not review the ALJ's decision or does not reject or modify the ALJ's decision, in which case the ALJ's decision is the final administrative decision; 2) the decision of the agency head is subject to review by a board or commission whose members are appointed by the Governor and make the final administrative decision; or 3) the licensee accepts the ALJ's decision concerning the appeal of a licensing decision as final. A party may appeal a final administrative decision for judicial review. A party to an appealable action or contested case with a self-supporting regulatory board must exhaust the party's administrative remedies by filing a motion for rehearing or review within 30 days after the service of the administrative decision that is subject to hearing or review in order to be eligible for judicial review (A.R.S. §§ 41-1092.03, 41-1092.08; and 41-1092.09).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Excludes nonhealth profession regulatory boards from the authorization to accept, reject or modify an ALJ's administrative decision.
3. Excludes nonhealth profession regulatory boards from the authorization for a party to appeal a final administrative decision for judicial review.
4. Prohibits a nonhealth profession regulatory board from overturning or challenging an administrative decision made by an ALJ of the OAH.
5. Requires Legislative Council to prepare proposed conforming legislation for consideration in the Fifty-Seventh Legislature, First Regular Session.
6. Makes conforming changes.
7. Becomes effective on the general effective date.
Prepared by Senate Research
February 12, 2024
JT/slp