State Codes and Statutes

State Codes and Statutes

Statutes > Arizona > Title49 > 49-497.01

49-497.01. Judicial review of hearing board or administrative law judge decisions

A. Except as provided in this section, a hearing board decision or a decision of an administrative law judge in lieu of a hearing board is subject to judicial review pursuant to title 12, chapter 7, article 6.

B. Within thirty days after service of notice of a final decision or order of the board or administrative law judge, or an order denying a rehearing timely applied for, any person who was a party of record in the proceedings before the board or administrative law judge, including the control officer or department authorized or designated to enforce air pollution regulations, may appeal the decision or order to the superior court in the county in which the hearing was conducted and the scope of the review shall be determined pursuant to section 12-910.

C. A notice of appeal, designating the grounds for appeal, and a demand in writing for a certified transcript of the testimony and exhibits shall be filed with the court and served on the board or administrative law judge. After receipt of the demand, accompanied by payment of a fee of the current prevailing rate for transcripts and one dollar for certification of the transcript, the board or administrative law judge shall make and certify the transcript and file it with the clerk of the court to which the appeal has been taken within thirty days, unless extended by agreement of the parties or order of the court.

D. If an appeal is taken from an order or decision of the board or administrative law judge, the order or decision remains in effect pending final determination of the matter, unless stayed by the court on a hearing, after notice to the board or administrative law judge, and on a finding by the court that there is probable cause for appeal and that great or irreparable damage may result to the petitioner warranting the stay.

E. An appeal may be taken to the court of appeals from the order of the superior court as in other civil cases. Proceedings under this section shall be given precedence and brought to trial ahead of other litigation concerning private interests and other matters that do not affect public health and welfare.