ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session

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HB 2451: administrative hearings; change of judge

Sponsor: Representative Willoughby, LD 13

Committee on Judiciary

Overview

Grants each party one change of administrative law judge (ALJ) as a matter of right and broadens when ALJs can be disqualified from a case.

History

The Arizona Court's rules entitle each side in a criminal case to one change of judge as a matter of right. A party may exercise a right to change of judge by filing a notice, which must include an avowal that the party is making the request in good faith (Rules of Crim. Proc., 10.2).

Pursuant to A.R.S. § 41-1092.07, a party in a contested case or appealable agency action is permitted to file a non-peremptory motion, with the director Office of Administrative Hearings, to disqualify an ALJ from conducting a hearing if the ALJ has bias, prejudice, a personal interest or a lack of technical expertise necessary for a hearing.

Provisions

1. Entitles each party, in a contested case or appealable agency action, to one change of ALJ as a matter of right. (Sec. 1)

2. Alters subsequent for-cause changes of ALJ from being a non-peremptory motion to being a peremptory motion. (Sec. 1)

3. Expands when an ALJ can be changed to include when the ALJ:

a) was previously engaged as legal counsel in the case before being employed as an ALJ;

b) is related to a party in the case; or

c) is a material witness. (Sec. 1)

4. Asserts that if a party files a peremptory motion to disqualify an ALJ, it counts as a peremptory strike against that ALJ. (Sec. 1)

5. Makes technical and conforming changes. (Sec. 1)

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                        HB 2451

Initials NM    Page 0 Judiciary

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