HB 2049
Initials MT/GG Page 1 Regulatory Oversight
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
HB 2049: administrative decisions; security proceedings; hearings
Sponsor: Representative Kolodin, LD 3
Committee on Regulatory Oversight
Overview
Requires the right to trial by jury to be available and exercisable to the defendant in an
appeal of a final administrative decision in which the judgment or order sought seeks
payment from the other party.
History
A person is permitted to appeal a final administrative decision of a contested case or an
appealable agency action in accordance with statute relating to judicial review of
administrative decisions. In an action for judicial review of a final administrative decision,
jurisdiction is vested with the superior court, unless another venue is expressly prescribed in
statute (A.R.S. §§ 41-1092.08 and 12-905).
An affected party in a final administrative decision must file a notice of appeal within 35
days of receiving the decision in order to commence an action to review a final administrative
decision. The notice of appeal must contain a statement of the findings and decisions sought
to be reviewed (A.R.S. §§ 12-904 and 12-909).
After reviewing the administrative record and supplementing evidence, the court may affirm,
reverse, modify or vacate and remand the agency action. The court is required to affirm the
agency action unless the court concludes that the agency action is: 1) contrary to law; 2) not
supported by substantial evidence; 3) arbitrary and capricious; or 4) an abuse of discretion.
Statutes relating to the appeal of a final administrative decision do not apply to the issuance
of evidence of indebtedness, such as stocks and bonds, by public service corporations under
the jurisdiction of the Corporation Commission (A.R.S. §§ 40-301 and 12-910).
Provisions
1. Requires the right to trial by jury to be available and exercisable to the defendant in an
appeal of a final administrative decision in which the judgement or order sought seeks
payment from the other party. (Sec. 1)
2. Removes, pertaining to appeals of final administrative decisions before judicial review,
language that exempts public service corporations that issue stocks and bonds. (Sec. 1)
3. Makes conforming changes. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note