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House Engrossed |
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State of Arizona House of Representatives Fifty-first Legislature First Regular Session 2013
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HOUSE BILL 2322 |
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AN ACT
amending Title 41, chapter 6, article 3, Arizona Revised Statutes, by adding section 41-1038; relating to rule making.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 6, article 3, Arizona Revised Statutes, is amended by adding section 41-1038, to read:
41-1038. Rules; restrictions; fees and costs
A. Notwithstanding any other law, an agency shall not adopt a new rule or an amendment to an existing rule that would restrain or burden the free exercise of vested rights. An agency only may adopt a new rule or an amendment to an existing rule that is strictly ministerial and that is consistent with the statutory delegation of authority. If the law is insufficiently clear to allow for strictly ministerial rule making, the agency shall not adopt any rules under the agency's statutory delegation of authority.
B. Any person who is subject to a civil or criminal proceeding arising from the enforcement of a rule in violation of subsection A of this section shall have a defense to the enforcement action. Any court or ADJUDICATORY body considering or reviewing the defense shall rule on its merits without deference to any legislative, administrative or executive finding concerning the rule. The court or adjudicatory body may award the prevailing party, other than the agency, attorney fees and costs.