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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
proper venue; challenges; policy statements
Purpose
Allows a party that appeals a final administrative decision to bring the action in any proper venue as prescribed.
Background
Statute stipulates that each agency must make rules of practice setting forth the nature and requirements of all formal procedures available to the public.
To ensure fair and open regulation by state agencies, statute outlines
the rights of a person, that include the ability to: 1) allege that an existing
agency practice or substantive policy statement constitutes a rule and have
that agency practice or substantive policy statement declared void;
2) file a complaint with the Administrative Rules Oversight Committee
concerning a rule's, practice's or substantive policy statement's lack of conformity
with statute or legislative intent or an existing statute, rule, practice
alleged to constitute a rule or substantive policy statement that is alleged to
be duplicative or onerous; 3) have the person's administrative hearing on
contested cases and appealable agency actions heard by an independent
administrative law judge; 4) have administrative hearings governed by uniform
administrative appeal procedures and appeal a final administrative decision by
filing a notice of appeal; and 5) file a complaint with the Office of the
Ombudsman-Citizens Aide to investigate administrative acts of agencies. Statute
outlines specified exceptions.
Substantive policy statement is a written expression which informs the general public of an agency's current approach to, or opinion of, the requirements of the federal or state constitution, federal or state statute, administrative rule or regulation, or final judgment of a court of competent jurisdiction, including, the agency's current practice, procedure or method of action based upon that approach or opinion. A substantive policy statement is advisory only and excludes internal procedural documents which only affect the internal procedures of the agency and do not impose additional requirements or penalties on regulated parties, confidential information or rules (A.R.S. §§ 41-1001; 41-1001.01; and 41-1003).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a party that appeals a final administrative decision to the superior court to bring the action in any proper venue.
2. Specifies that the proper venue includes:
a) the county where the plaintiff resides;
b) the county where the plaintiff's principal place of business is located;
c) the county where the agency is headquartered; and
d) Maricopa County.
3. Prohibits an agency from:
a) restricting the proper venue for any appeal of a final administrative decision; or
b) requiring a party to travel to the agency's county, venue or headquarters to submit or receive documentation that supports the analysis used to propose or finalize a final administrative decision.
4. Includes, rather than excludes, from the definition of substantive policy statement internal procedural documents that affect the internal procedures of the agency or that impose additional requirements or penalties on regulated parties, confidential information or rules.
5. Excludes from the definition of substantive policy statement any confidential information or other information otherwise protected from disclosure.
6. Makes technical and conforming changes.
7. Becomes effective on the general effective date.
House Action
GOV 2/7/24 DPA 9-0-0-0
3rd Read 2/29/24 59-0-0-0-1
Prepared by Senate Research
March 18, 2024
JT/MA/slp