Bill Text: AZ SB1232 | 2019 | Fifty-fourth Legislature 1st Regular | Engrossed
Bill Title: Administrative hearings; review; anticompetitive actions
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2019-03-06 - House read second time [SB1232 Detail]
Download: Arizona-2019-SB1232-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Fifty-fourth Legislature First Regular Session 2019
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SENATE BILL 1232 |
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AN ACT
amending section 41-1092.08, Arizona Revised Statutes; relating to administrative hearing procedures.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-1092.08, Arizona Revised Statutes, is amended to read:
41-1092.08. Final administrative decisions; review; exception; definition
A. The administrative law judge of the office shall issue a written decision within twenty days after the hearing is concluded. The written decision shall contain a concise explanation of the reasons supporting the decision, including the findings of fact and conclusions of law. The administrative law judge shall serve a copy of the decision on the agency. On request of the agency, the office shall also transmit to the agency the record of the hearing as described in section 12‑904, except as provided in section 41‑1092.01, subsection F.
B. Within thirty days after the date the office sends a copy of the administrative law judge's decision to the head of the agency, executive director, board or commission, the head of the agency, executive director, board or commission may review the decision and accept, reject or modify it. If the head of the agency, executive director, board or commission declines to review the administrative law judge's decision, the agency shall serve a copy of the decision on all parties. If the head of the agency, executive director, board or commission rejects or modifies the decision, the agency head, executive director, board or commission must file with the office, except as provided in section 41‑1092.01, subsection F, and serve on all parties a copy of the administrative law judge's decision with the rejection or modification and a written justification setting forth the reasons for the rejection or modification of each finding of fact or conclusion of law. If there is a rejection or modification of a conclusion of law, the written justification shall be sent to the president of the senate and the speaker of the house of representatives. If a licensing authority rejects or modifies the decision of the administrative law judge, within thirty days, a separate hearing that is independent of the agency action or contested case hearing shall be held to determine whether the decision or action of the licensing authority is unreasonably anticompetitive and whether the decision or action of the licensing authority furthers a clearly articulated state policy to displace competition in the regulated market. The administrative law judge who participated in the agency action or contested case hearing may not be assigned to conduct the separate hearing. The administrative law judge who conducts the separate hearing shall issue a written decision to approve, reject or modify the decision or action of the licensing authority. The office shall certify the administrative law judge's decision as the final administrative decision in the separate hearing.
C. A board or commission whose members are appointed by the governor may review the decision of the agency head, as provided by law, and make the final administrative decision.
D. Except as otherwise provided in this subsection, if the head of the agency, the executive director or a board or commission does not accept, reject or modify the administrative law judge's decision within thirty days after the date the office sends a copy of the administrative law judge's decision to the head of the agency, executive director, board or commission, as evidenced by receipt of such action by the office by the thirtieth day, the office shall certify the administrative law judge's decision as the final administrative decision. If the board or commission meets monthly or less frequently, if the office sends the administrative law judge's decision at least thirty days before the next meeting of the board or commission and if the board or commission does not accept, reject or modify the administrative law judge's decision at the next meeting of the board or commission, as evidenced by receipt of such action by the office within five days after the meeting, the office shall certify the administrative law judge's decision as the final administrative decision.
E. For the purposes of subsections B and D of this section, a copy of the administrative law judge's decision is sent on personal delivery of the decision or five days after the decision is mailed to the head of the agency, executive director, board or commission.
F. The decision of the agency head is the final administrative decision unless either any of the following applies:
1. The agency head, executive director, board or commission does not review the administrative law judge's decision pursuant to subsection B of this section or does not reject or modify the administrative law judge's decision as provided in subsection D of this section, in which case the administrative law judge's decision is the final administrative decision.
2. The decision of the agency head is subject to review pursuant to subsection C of this section.
3. The decision of the licensing authority is subject to a separate hearing pursuant to subsection B of this section.
G. If a board or commission whose members are appointed by the governor makes the final administrative decision as an administrative law judge or on review of the decision of the agency head, the decision is not subject to review by the head of the agency.
H. A party may appeal a final administrative decision pursuant to title 12, chapter 7, article 6, except as provided in section 41‑1092.09, subsection B and except that if a party has not requested a hearing on receipt of a notice of appealable agency action pursuant to section 41‑1092.03, the appealable agency action is not subject to judicial review.
I. This section does not apply to the Arizona peace officer standards and training board established by section 41‑1821.
J. For the purposes of this section, "licensing authority" means an agency, department, board or commission of this state that issues a license pursuant to title 32.
