SB 1634
Initials IG Page 1 Regulatory Affairs
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
Senate: GOV DPA 4-3-1-0 | 3
rd
Read DPA 16-13-1-0
SB 1634: nonhealth regulatory boards; challenges; prohibition
Sponsor: Senator Hoffman, LD 15
Committee on Regulatory Affairs
Overview
Amends statute pertaining to final administrative decisions to include a Nonhealth
Profession Regulatory Board (Board).
History
Statute requires an agency to 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 Office of Administrative Hearings (Office) of the appeal or
request for a hearing and the Office then schedules a hearing (A.R.S. § 41-1092.03).
The process for judicial review of an agency action allows the court to affirm, reverse, modify
or vacate the agency action after reviewing the administrative record and evidence presented
at the hearing. The court must affirm the agency action unless it is found that the agency's
action is contrary to law, not supported by substantial evidence, arbitrary or an abuse of
discretion. In a proceeding brought by or against the regulated party, the court shall decide
the following, without deference to any previous determination that may have been made by
the agency:
1) all questions of law, including the interpretation of a constitutional or statutory
provision or a rule adopted by an agency; and
2) all questions of fact (A.R.S. § 12-910).
Costs may be awarded to the appellee agency if a judgment adverse to the appellant is
rendered. Such costs may be awarded in an amount deemed reasonable by the superior court,
based on the expense the appellee agency has incurred in preparing the record of the
proceedings before judicial review. The final judgment of the superior court entered in an
action to review a decision of an administrative agency may be appealed to the Arizona
Supreme Court (A.R.S. § 12-912, 12-913).
Provisions
1. Specifies that the Board's decision is the final administrative decision unless the
regulated person accepts the ALJ's decision instead. (Sec. 1)
2. Prohibits the Board from appealing the final administrative decision to the superior court.
(Sec. 1)
3. Instructs Legislative Council to prepare conforming legislation for the next legislative
session. (Sec 2)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note