HB 2382
Initials PRB Page 1 Commerce
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
HB 2382: technical correction; chiropractic
S/E: administrative decision; appeal; court costs
Sponsor: Representative Gress, LD 4
Committee on Commerce
Summary of the Strike-Everything Amendment to HB 2382
Overview
Requires a regulated party, who appeals a decision and is affirmed by the court, to pay the
prevailing party's court costs and fees.
History
Title 41, Chapter 6, Article 10, A.R.S., outlines administrative hearing procedures. Generally, the
first appeal is an internal review within the agency. The next step is usually through the Office of
Administrative Hearings (OAH). A person may file a notice of appeal or request a hearing with an
agency on an appealable agency action or contested case. The agency submits a request for a
hearing with Office of Administrative Hearings (OAH), which is then scheduled, assigned an
Administrative Law Judge (ALJ) and noticed with affected parties. The OAH conducts a hearing
and the ALJ issues a decision. The agency may accept, reject or modify the decision. The agency
decision is considered the final decision unless: 1) the agency fails to timely accept, reject or
modify the ALJ's decision, in which case the OAH certifies the ALJ's decision as the final
administrative decision; 2) the agency's decision is subject to review by a governor-appointed
board or commission who makes a final administrative decision; or 3) the licensee, in cases
involving licensing decisions, accepts the ALJ's decision as the final administrative decision. A
party may file a petition to appeal the final administrative decision with the superior court.
In an action to review a final administrative decision, the court holds an evidentiary hearing to the
extent necessary to determine whether to affirm, reverse, modify or vacate and remand the
agency action. For review of a final administrative decision of an agency that regulates certain
professions or occupations, the trial, if demanded in the notice of appeal or motion of an appellee
other than the agency, is a trial de novo. A trial de novo is a new trial on an entire case, where
both questions of fact and issues of law are determined as if there had been no previous trial
(A.R.S. § 12-910).
Provisions
1. Stipulates the regulated party must pay all costs and legal fees of the prevailing party if the
final administrative decision of an agency that regulates certain professions or occupations is
appealed by the regulated party and the court affirms the final administrative decision. (Sec.
1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note