Assigned to GOV FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
FACT SHEET FOR S.B. 1634
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. ยงยง 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.
2. Requires the OAH to certify that the ALJ's decision is the final administrative decision of
nonhealth profession regulatory boards.
3. Excludes nonhealth profession regulatory boards from the authorization for a party to appeal a
final administrative decision for judicial review. FACT SHEET
S.B. 1634
Page 2
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