HB 2182 — permit; license; denials; agency hearing

HB2182 - 541R - HS Ver       HouseSenate Engrossed House Bill       State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session     HOUSE BILL 2182       AN ACT   amending title 9, chapter 7, article 4, Arizona Revised Statutes, by adding section 9-843;

1.  A hearing may be conducted in an informal manner and without adherence to the rules of evidence required in judicial proceedings.  Neitherproceedings. the manner of conducting the hearing nor the failure to adhere to the rules of evidence required in judicial proceedings shall be grounds for reversing any administrative decision or order providing the evidence supporting such decision or order is substantial, reliable, and probative.

ifNeither theThe partiesmanner agreeof toconducting an informal hearing, the agencyhearing isnor authorized by statute to use an informal hearing, there is no disputed issue of material fact or there is a disputed issue of material fact and the matterfailure involvesto anadhere amount of not more than $1,000.  The agency shall state the agency's selection of the informal hearing in the notice of hearing.  If a party objects to the userules of anevidence informalrequired hearing, the party shall object in thejudicial party'sproceedings pleading.  The presiding officer shall resolvebe anis objectionnot togrounds thefor usereversing of the informal hearing before the hearing on the basis of the pleadings and any writtenadministrative submissiondecision inor supportorder ofproviding theif pleadings.  The presiding officer shall resolve an objection to the useevidence ofsupporting thesuch informal hearing in a disciplinary proceeding involving an occupational license in favor of the licensee. decision Theor presidingorder officeris maysubstantial, denyreliable,  useand ofprobative.  A the informal hearing or may requirebe aconducted formalin hearing after an informal hearingmanner is commenced if theany presiding officer determines that cross-examination is necessary for proper determination of the matterfollowing and that the delay, burden or complication due to allowing cross-examination in the informal hearing will be more than minimal.  Irrelevant, immaterial or unduly repetitious evidence shall be excluded.  Every person who is atrue: party to such the proceedings shall have the right to be represented by counsel,  and to submit evidence in open hearing and shall have the right of cross‑examination.  Unless otherwise provided by law, hearings may be held at any place determined by the agency.

2.  Copies(a)  The of documentary evidence may be received in the discretion of the presiding officer.  Upon On request, the parties shallagree beto given an opportunityinformal tohearing. compare the copy with the original.

3.  Notice(b)  The mayagency beis takenauthorized of judicially cognizable facts.  In addition, notice may be taken of generally recognized technical or scientific facts within the agency's specialized knowledge.  The parties shall be notified either before or during the hearing or by referencestatute into preliminaryuse reports or otherwise of the material noticed including any staff memoranda or data and they the parties shall be afforded an opportunityinformal tohearing. contest the material so noticed.  The agency's experience, technical competence and specialized knowledge may be utilized used in the evaluation of the evidence.

4.  The(c)  The officer presiding at the hearing may cause to be issued subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence and shall have the power to administer oaths.  Unless otherwise provided by law or agency rule, subpoenas so issued shall be served and, upon on application to the court by a party or the agency, enforced in the manner provided by law for the service and enforcement of subpoenas in a civil action.  On application of a party or the agency and for use as evidence, the officer presiding at the hearing may permit a deposition to be taken, in the manner and upon on the terms designated by him the officer, of a witness who cannot be subpoenaed or is unabledetermining toeligibility attend the hearing.  The officer presiding at the hearing may order prehearing depositions and subpoenas for the production of documents may be ordered by the officer presiding at the hearing, provided that if the party seeking such discovery demonstrates that the party has reasonable need of the deposition testimony or materials being sought.  All provisions of law compelling a personmedical under subpoena to testify are applicable.  Fees for attendance as a witness shall be the same as for a witness in the superior courts of the state of Arizona court, unless otherwise provided by law or agencywelfare rule.program.

(d)  There is no disputed issue of material fact.

(e)  There is a disputed issue of material fact and the matter involves an amount of not more than $1,000.

2.  The agency shall state the selection of the informal hearing in the notice of hearing.  Except for determining eligibility for a medical or welfare program, a party may object to the use of an informal hearing.  If a party objects to the use of an informal hearing, the party shall object in the party's pleading.  The presiding officer shall resolve an objection to the use of the informal hearing before the hearing on the basis of the pleadings and any written submission in support of the pleadings.  The presiding officer shall resolve an objection to the use of the informal hearing in a disciplinary proceeding involving an occupational license in favor of the licensee.  The presiding officer may deny use of the informal hearing or may require a formal hearing after an informal hearing is commenced if the presiding officer determines that cross-examination is necessary for proper determination of the matter and that the delay, burden or complication due to allowing cross-examination in the informal hearing will be more than minimal.  Irrelevant, immaterial or unduly repetitious evidence shall be excluded.  Every person who is a party to such the proceedings shall have the right to be represented by counsel,  and to submit evidence in open hearing and shall have the right of cross‑examination.  Unless otherwise provided by law, hearings may be held at any place determined by the agency.

2.  3.  Copies of documentary evidence may be received in the discretion of the presiding officer.  Upon On request, the parties shall be given an opportunity to compare the copy with the original.

3.  4.  Notice may be taken of judicially cognizable facts.  In addition, notice may be taken of generally recognized technical or scientific facts within the agency's specialized knowledge.  The parties shall be notified either before or during the hearing or by reference in preliminary reports or otherwise of the material noticed including any staff memoranda or data and they the parties shall be afforded an opportunity to contest the material so noticed.  The agency's experience, technical competence and specialized knowledge may be utilized used in the evaluation of the evidence.

4.  5.  The officer presiding at the hearing may cause to be issued subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence and shall have the power to administer oaths.  Unless otherwise provided by law or agency rule, subpoenas so issued shall be served and, upon on application to the court by a party or the agency, enforced in the manner provided by law for the service and enforcement of subpoenas in a civil action.  On application of a party or the agency and for use as evidence, the officer presiding at the hearing may permit a deposition to be taken, in the manner and upon on the terms designated by him the officer, of a witness who cannot be subpoenaed or is unable to attend the hearing.  The officer presiding at the hearing may order prehearing depositions and subpoenas for the production of documents may be ordered by the officer presiding at the hearing, provided that if the party seeking such discovery demonstrates that the party has reasonable need of the deposition testimony or materials being sought.  All provisions of law compelling a person under subpoena to testify are applicable.  Fees for attendance as a witness shall be the same as for a witness in the superior courts of the state of Arizona court, unless otherwise provided by law or agency rule.

1.  A hearing may be conducted in an informal manner and Informal hearings may be conducted without adherence to the rules of evidence required in judicial proceedings.  Neither theThe manner of conducting the hearing nor or the failure to adhere to the rules of evidence required in judicial proceedings is not grounds for reversing any administrative decision or order if the evidence supporting the decision or order is substantial, reliable and probative.  The presiding officer shall regulate the course of the hearing and shall allow the parties,parties and may allow others, to offer written or oral comments on the issues.  The presiding officer may limit the use of witnesses, testimony, evidence and argument and may limit or prohibit the use of pleadings, intervention, discovery, prehearing conferences and rebuttal.

ARTICLE 12.  LICENSE AND PERMIT REQUIREMENTS START_STATUTE41-1094.  Right to clarity A.  In any case in which a license or permit is requiredrequired, other than by staTute, before a person engages in constitutionally protected activity, an agency shall specify in clear and unambiguous language the criteria for approval of the license or permit.  B.  In any court proceeding involving a denial of a license or permit application for constitutionally protected activity, a court of competent jurisdiction shall determine whether the language is clear and unambiguous, without deference to the legislature or the agency.  If a written clarification is issued by an agency pursuant to section 41‑1001.02 or a rule is adopted pursuant to article 3 of this chapter, the language is presumed clear and unambiguous.

C.  The appropriate agency shall approve or deny an application for a license or permit for constitutionally protected activity within thirty days after the application is submitted unless another period of time is specified by law or rule.  If the agency does not take action within the applicable time period, the application is deemed approved.approved unless the application is incomplete, and the applicant, after being notified of the deficiency, fails to correct the deficiency.