reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-1025 - Variance between rule and published notice of proposed rule

41-1025.
Variance between rule and published notice of proposed rule
A. An agency may not submit a rule to the council that is substantially different from the proposed rule contained in the notice of proposed rule making or a supplemental notice filed with the secretary of state pursuant to section 41-1022. However,  an agency may terminate a rule making proceeding and commence a new rule making proceeding for the purpose of making a substantially different rule.
B. In determining whether a rule is substantially different from the published proposed rule on which it is required to be based,  all of the following must be considered:
1. The extent to which all persons affected by the rule should have understood that the published proposed rule would affect their interests.
2. The extent to which the subject matter of the rule or the issues determined by that rule are different from the subject matter or issues involved in the published proposed rule.
3. The extent to which the effects of the rule differ from the effects of the published proposed rule if it had been made instead.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-1026.01 - Emergency adoption, amendment or termination of delegation agreements; definition

41-1026.01.
Emergency adoption,  amendment or termination of delegation agreements;  definition
A. If a delegating agency makes a written finding that a delegation agreement is necessary as an emergency measure,  the delegation agreement may be adopted,  amended or terminated as an emergency measure,  without complying with the public notice and participation provisions of this article. An agency may not adopt,  amend or terminate a delegation agreement as an emergency measure if the emergency situation is created due to the agency's delay or inaction and the emergency situation could have been averted by timely compliance with the public notice and participation provisions of this article,  unless the agency can present substantial evidence that failure to adopt,  amend or terminate the delegation agreement as an emergency measure will result in imminent substantial peril to the public health,  safety or welfare.
B. The agency shall file with the secretary of state a summary of the emergency delegation agreement. The summary shall provide the name of the person to contact in the agency with questions or comments. The secretary of state shall publish the summary in the next register.
C. The delegation agreement adopted,  amended or terminated pursuant to this section is valid for one hundred eighty days after the filing of the agreement with the secretary of state and may be renewed for one or two more one hundred eighty day periods if all of the following occur:
1. The agency determines that the emergency situation still exists for each renewal.
2. The agency follows the procedures prescribed by this section for each renewal.
3. The agency has begun the public comment and participation process required by this section.
4. The agency makes a finding for an extension of time before the expiration of the preceding one hundred and eighty day period.
5. The agency files notice of the renewal with the secretary of state and notice is published in the register.
D. For purposes of this section,  " emergency"  means a situation which warrants the adoption of a delegation agreement without compliance with the public notice and participation provisions prescribed in this article because the adoption,  amendment or termination of the delegation agreement is necessary for immediate preservation of the public health,  safety or welfare,  and the public notice and participation requirements of this article are impracticable.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-1028 - Incorporation by reference

41-1028.
Incorporation by reference
A. An agency may incorporate by reference in its rules,  and without publishing the incorporated matter in full,  all or any part of a code,  standard,  rule or regulation of an agency of the United States or of this state or a nationally recognized organization or association,  if incorporation of its text in agency rules would be unduly cumbersome,  expensive or otherwise inexpedient.
B. The reference in the agency rules shall fully identify the incorporated matter by location,  date and otherwise and shall state that the rule does not include any later amendments or editions of the incorporated matter.
C. An agency may incorporate by reference such matter in its rules only if the agency,  organization or association originally issuing that matter makes copies of it readily available to the public for inspection and reproduction.
D. The rules shall state where copies of the incorporated matter are available from the agency issuing the rule and from the agency of the United States or this state or the organization or association originally issuing the matter.
E. An agency may incorporate later amendments or editions of the incorporated matter only after compliance with the rule making requirements of this chapter.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-1029 - Agency rule making record

41-1029.
Agency rule making record
A. An agency shall maintain an official rule making record for each rule it proposes by publication in the register of a notice of proposed rule making and each final rule filed in the office of the secretary of state. The record and matter incorporated by reference must be available for public inspection.
B. The agency rule making record shall contain all of the following:
1. A copy of the notice initially filed in the office of the secretary of state.
2. Copies of all publications in the register with respect to the rule or the proceeding on which the rule is based.
3. Copies of any portions of the agency's rule making docket containing entries relating to the rule or the proceeding on which the rule is based.
4. All written petitions,  requests,  submissions and comments received by the agency and all other written materials considered or prepared by the agency in connection with the rule or the proceeding on which the rule is based.
5. Any official transcript of oral presentations made in the proceeding on which the rule is based,  or if not transcribed,  any tape recording or stenographic record of those presentations,  and any memorandum prepared by a presiding official summarizing the contents of those presentations.
6. A copy of all materials submitted to the council,  including the economic,  small business and consumer impact statement and the minutes of the council meeting at which the rule was reviewed.
7. A copy of the final rule and preamble.
8. Information requested regarding the experience,  technical competence,  specialized knowledge and judgment of an agency if the agency relies on section 41-1024,  subsection D in the making of a rule and a request is made.
C. On judicial review,  the record required by this section constitutes the official agency rule making record with respect to a rule. Except as provided in section 41-1036 or otherwise required by a provision of law,  the agency rule making record need not constitute the exclusive basis for agency action on that rule or for judicial review of that rule.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-1030 - Invalidity of rules not made according to this chapter; prohibited agency action; prohibited acts by state employees; enforcement; notice

41-1030.
Invalidity of rules not made according to this chapter;  prohibited agency action;  prohibited acts by state employees;  enforcement;  notice
A. A rule is invalid unless it is consistent with the statute,  reasonably necessary to carry out the purpose of the statute and is made and approved in substantial compliance with sections 41-1021 through 41-1029 and articles 4,  4.1 and 5 of this chapter,  unless otherwise provided by law.
B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute,  rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition.
C. An agency shall not base a decision regarding any filing or other matter submitted by a licensee on a requirement or condition that is not specifically authorized by a statute,  rule,  federal law or regulation or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a requirement or condition for approval of a decision on any filing or other matter submitted by a licensee unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition.
D. An agency shall not:
1. Make a rule under a specific grant of rulemaking authority that exceeds the subject matter areas listed in the specific statute authorizing the rule.
2. Make a rule under a general grant of rulemaking authority to supplement a more specific grant of rulemaking authority.
3. Make a rule that is not specifically authorized by statute.
E. This section may be enforced in a private civil action and relief may be awarded against the state. The court may award reasonable attorney fees,  damages and all fees associated with the license application to a party that prevails in an action against the state for a violation of this section.
F. A state employee may not intentionally or knowingly violate this section. A violation of this section is cause for disciplinary action or dismissal pursuant to the agency's adopted personnel policy.
G. This section does not abrogate the immunity provided by section 12-820.01 or 12-820.02.
H. An agency shall prominently print the provisions of subsections B,  E,  F and G of this section on all license applications,  except license applications processed by the corporation commission.
I. The license application may be in either print or electronic format.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-1031 - Filing rules and preamble with secretary of state; permanent record

41-1031.
Filing rules and preamble with secretary of state;  permanent record
A. Following the filing of a rule made pursuant to an exemption to this chapter or following approval and filing of a rule and preamble and an economic,  small business and consumer impact statement by the council as provided in article 5 of this chapter or by the attorney general as provided in article 4 of this chapter,  the secretary of state shall affix to each rule document,  preamble and economic,  small business and consumer impact statement the time and date of filing. A rule is not final until the secretary of state affixes the time and date of filing to the rule document as provided in this section.
B. The secretary of state shall keep a permanent record of rules,  preambles and economic,  small business and consumer impact statements filed with the office.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-1032 - Effective date of rules

41-1032.
Effective date of rules
A. A rule filed pursuant to section 41-1031 becomes effective sixty days after a certified original and two copies of the rule and preamble are filed in the office of the secretary of state and the time and date are affixed as provided in section 41-1031,  unless the rule making agency includes in the preamble information that demonstrates that the rule needs to be effective immediately on filing in the office of the secretary of state and the time and date are affixed as provided in section 41-1031. A rule may only be effective immediately for any of the following reasons:
1. To preserve the public peace,  health or safety.
2. To avoid a violation of federal law or regulation or state law,  if the need for an immediate effective date is not created due to the agency's delay or inaction.
3. To comply with deadlines in amendments to an agency's governing statute or federal programs,  if the need for an immediate effective date is not created due to the agency's delay or inaction.
4. To provide a benefit to the public and a penalty is not associated with a violation of the rule.
5. To adopt a rule that is less stringent than the rule that is currently in effect and that does not have an impact on the public health,  safety,  welfare or environment,  or that does not affect the public involvement and public participation process.
B. Notwithstanding subsection A of this section,  a rule making agency may specify an effective date more than sixty days after the filing of the rule in the office of the secretary of state if the agency determines that good cause exists for and the public interest will not be harmed by the later date.
C. This section does not affect the validity of an existing rule until the new or amended rule that is filed with the secretary of state is effective pursuant to this section.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-1034 - Declaratory judgment

41-1034.
Declaratory judgment
A. Any person who is or may be affected by a rule may obtain a judicial declaration of the validity of the rule by filing an action for declaratory relief in the superior court in Maricopa county in accordance with title 12,  chapter 10,  article 2.
B. Any person who is or may be affected by an existing agency practice or substantive policy statement that the person alleges to constitute a rule may obtain a judicial declaration on whether the practice or substantive policy statement constitutes a rule by filing an action for declaratory relief in the superior court in Maricopa county in accordance with title 12,  chapter 10,  article 2.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-1035 - Rules affecting small businesses; reduction of rule impact

41-1035.
Rules affecting small businesses;  reduction of rule impact
If an agency proposes a new rule or an amendment to an existing rule which may have an impact on small businesses,  the agency shall consider each of the methods described in this section for reducing the impact of the rule making on small businesses. The agency shall reduce the impact by using one or more of the following methods,  if it finds that the methods are legal and feasible in meeting the statutory objectives which are the basis of the proposed rule making:
1. Establish less stringent compliance or reporting requirements in the rule for small businesses.
2. Establish less stringent schedules or deadlines in the rule for compliance or reporting requirements for small businesses.
3. Consolidate or simplify the rule's compliance or reporting requirements for small businesses.
4. Establish performance standards for small businesses to replace design or operational standards in the rule.
5. Exempt small businesses from any or all requirements of the rule.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-1037 - General permits; issuance of traditional permit

41-1037.
General permits;  issuance of traditional permit
A. If an agency proposes a new rule or an amendment to an existing rule that requires the issuance of a regulatory permit,  license or agency authorization,  the agency shall use a general permit if the facilities,  activities or practices in the class are substantially similar in nature unless any of the following applies:
1. A general permit is prohibited by federal law.
2. The issuance of an alternative type of permit,  license or authorization is specifically authorized by state statute.
3. The issuance of a general permit is not technically feasible or would not meet the applicable statutory requirements.
4. The issuance of a general permit would result in additional regulatory requirements or costs being placed on the permit applicant.
5. The permit,  license or authorization is issued pursuant to section 8-126,  8-503,  8-505,  23-504,  36-592,  36-594.01,  36-595,  36-596,  36-596.54,  41-1967.01 or 46-807.
6. The permit,  license or authorization is issued pursuant to title V of the clean air act.
B. The agency retains the authority to revoke an applicant's ability to operate under a general permit and to require the applicant to obtain a traditional permit if the applicant is in substantial noncompliance with the applicable requirements for the general permit.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-1038 - Rules; restrictions; affirmative defense; exceptions; definition

41-1038.
Rules;  restrictions;  affirmative defense;  exceptions;  definition
A. Notwithstanding any other law,  an agency may not adopt any new rule that would increase existing regulatory restraints or burdens on the free exercise of property rights or the freedom to engage in an otherwise lawful business or occupation unless the rule is either of the following:
1. A component of a comprehensive effort to reduce regulatory restraints or burdens.
2. Necessary to implement statutes or required by a final court order or decision.
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 has an affirmative defense to the enforcement action. Any court or administrative 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 administrative body may award the prevailing party,  other than the agency,  attorney fees and costs.
C. This section does not apply to rules that either:
1. Govern public employees.
2. Are necessary to protect public health and safety.
3. Are necessary to avoid sanctions that would result from a failure to take rulemaking action pursuant to a court order or federal law.
D. For the purposes of this section,  agency does not include any board,  commission,  department,  officer or other administrative unit of this state established under the authority of the constitution of Arizona.
E. For the purposes of this section,  " to protect public health and safety"  means the immediate need to address or prevent an outbreak of an infectious disease,  a disaster or any other catastrophic event.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-1044 - Attorney general review of certain exempt rules

41-1044.
Attorney general review of certain exempt rules
A. The attorney general shall review rules that are exempt pursuant to section 41-1057.
B. Rules that are exempt pursuant to section 41-1057 shall not be filed with the secretary of state unless the attorney general approves the rule as:
1. To form.
2. Clear,  concise and understandable.
3. Within the power of the agency to make and within the enacted legislative standards.
4. Made in compliance with the appropriate procedures.
C. The attorney general shall not approve a rule with an immediate effective date unless the attorney general determines that the rule complies with section 41-1032.
D. Within sixty days of receipt of the rule the attorney general shall endorse the attorney general's approval on the rule package. After approval,  the attorney general shall file the rule package with the secretary of state.
E. If the attorney general determines that the rule does not comply with subsection B of this section,  the attorney general shall endorse the attorney general's disapproval of the rule on the rule package,  state the reasons for the disapproval and within sixty days after receipt of the rule return the rule package to the agency that made the rule.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-1046 - Administrative rules oversight committee; membership; appointment; staffing; meetings

41-1046.
Administrative rules oversight committee;  membership;  appointment;  staffing;  meetings
A. The administrative rules oversight committee is established. The committee has oversight over any rules except those rules exempted by section 41-1005.
B. The committee consists of the following eleven members:
1. Five members of the house of representatives who are appointed by the speaker of the house of representatives. No more than three of the members who are appointed under this paragraph may be members of the same political party. The speaker of the house of representatives shall designate a member to serve as cochairperson of the committee.
2. Five members of the senate who are appointed by the president of the senate. No more than three of the members who are appointed under this paragraph may be members of the same political party. The president of the senate shall designate a member to serve as cochairperson of the committee.
3. The governor or the governor's designee who is not an appointed agency director.
C. The speaker of the house of representatives and the president of the senate shall make the appointments to the committee on or before October 1,  2009. Members serve at the pleasure of their respective appointing officer.
D. The legislative council shall staff the committee.
E. The committee shall meet on the call of either of its cochairpersons.
F. A party contesting the legality of a rule,  agency practice or substantive policy statement is not required to file a complaint with the committee to exhaust its administrative remedies.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-1047 - Committee review of rules; practices alleged to constitute rules; substantive policy statements

41-1047.
Committee review of rules;  practices alleged to constitute rules;  substantive policy statements
The committee may review any proposed or final rule,  expedited rule,  agency practice alleged to constitute a rule or substantive policy statement for conformity with statute and legislative intent. The committee may hold hearings on whether a proposed or final rule,  expedited rule,  agency practice alleged to constitute a rule or substantive policy statement is consistent with statute and legislative intent. The committee may comment to the agency,  attorney general or council on whether the proposed or final rule,  expedited rule,  agency practice alleged to constitute a rule or substantive policy statement is consistent with statute or legislative intent. The committee may designate a representative to testify before the council. The council shall consider the comments of the committee and any testimony. The administrative records shall contain the comments of the committee and any testimony.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-1048 - Committee review of duplicative or onerous statutes, rules, practices alleged to constitute rules and substantive policy statements

41-1048.
Committee review of duplicative or onerous statutes,  rules,  practices alleged to constitute rules and substantive policy statements
A. The committee shall receive complaints concerning statutes,  rules,  agency practices alleged to constitute rules and substantive policy statements that are alleged to be duplicative or onerous. The committee may review any statutes,  rules,  agency practices alleged to constitute rules or substantive policy statements alleged to be duplicative or onerous and may hold hearings regarding the allegations. The committee may comment to an agency,  the attorney general,  the council or the legislature on whether the statutes,  rules,  agency practices alleged to constitute rules or substantive policy statements are duplicative or onerous. The comments may include committee recommendations for alleviating the duplicative or onerous aspects of the statutes,  rules,  agency practices alleged to constitute rules and substantive policy statements.
B. The committee shall prepare a report to the legislature by December 1 of each year recommending legislation to alleviate the effects of duplicative or onerous statutes,  rules,  agency practices alleged to constitute rules and substantive policy statements.
C. This section applies to all statutes,  rules,  agency practices alleged to constitute rules and substantive policy statements,  regardless of whether the statutes,  rules,  agency practices alleged to constitute rules or substantive policy statements were enacted or made before or after January 1,  1996.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-1051 - Governor's regulatory review council; membership; terms; compensation; powers

41-1051.
Governor's regulatory review council;  membership;  terms;  compensation;  powers
A. The governor's regulatory review council is established consisting of six members who are appointed by the governor pursuant to section 38-211 and who are subject to sections 38-291 and 38-295 and the director of the department of administration or the assistant director of the department of administration who is responsible for administering the council. The director or assistant director is an ex officio member and chairperson of the council. The council shall elect a vice-chairperson to serve as chairperson in the chairperson's absence. The governor shall appoint at least one member who represents the public interest,  at least one member who represents the business community,  at least one member who is a small business owner,  one member from a list of three persons who are not legislators submitted by the president of the senate and one member from a list of three persons who are not legislators submitted by the speaker of the house of representatives. At least one member of the council shall be an attorney licensed to practice law in this state. The governor shall appoint the members of the council for staggered terms of three years. A vacancy occurring during the term of office of any member shall be filled by appointment by the governor for the unexpired portion of the term in the same manner as provided in this section.
B. The council shall meet at least once a month at a time and place set by the chairperson and at other times and places as the chairperson deems necessary.
C. Members of the council are eligible to receive compensation in an amount of two hundred dollars for each day on which the council meets and reimbursement of expenses pursuant to title 38,  chapter 4,  article 2.
D. The chairperson,  subject to chapter 4,  article 4 and,  as applicable,  articles 5 and 6 of this title,  shall employ,  determine the conditions of employment of and specify the duties of administrative,  secretarial and clerical employees as the chairperson deems necessary.
E. The council may make rules pursuant to this chapter to carry out the purposes of this chapter.
F. The council shall make a list of agency rules approved or returned pursuant to sections 41-1027 and 41-1052 and section 41-1056,  subsection C for the previous twelve-month period available to the public on request and on the council's website.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-1053 - Council review of expedited rules

41-1053.
Council review of expedited rules
A. After receipt of the expedited rule package from the agency,  the council shall place the expedited rule on its consent agenda for approval unless a member of the council or the committee requests a hearing.
B. If a hearing is requested,  the council shall act on the expedited rule pursuant to section 41-1052 or shall remand the expedited rule to the agency for initiation of a rule making pursuant to sections 41-1022,  41-1023 and 41-1024.
C. The council,  at any time a proposed expedited rule is pending,  may disapprove the expedited rule making and order initiation of a regular rule making pursuant to sections 41-1022,  41-1023 and 41-1024.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-1057 - Exemptions

41-1057.
Exemptions
A. In addition to the exemptions stated in section 41-1005,  this article does not apply to:
1. An agency which is a unit of state government headed by a single elected official.
2. The corporation commission,  which shall adopt substantially similar rule review procedures,  including the preparation of an economic impact statement and a statement of the effect of the rule on small business.
3. The industrial commission of Arizona when incorporating by reference the federal occupational safety and health standards as published in 29 Code of Federal Regulations parts 1904,  1910,  1926 and 1928.
4. The Arizona state lottery if making rules that relate only to the design,  operation or prize structure of a lottery game.
B. An agency exempt under subsection A of this section may elect to follow the requirements of this article instead of section 41-1044 for a particular rule making. The agency shall include with a final rule making filed with council a statement that the agency has elected to follow the requirements of this article.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-1061 - Contested cases; notice; hearing; records

41-1061.
Contested cases;  notice;  hearing;  records
A. In a contested case,  all parties shall be afforded an opportunity for a hearing after reasonable notice. Unless otherwise provided by law,  the notice shall be given at least twenty days before the date set for the hearing.
B. The notice shall include:
1. A statement of the time,  place and nature of the hearing.
2. A statement of the legal authority and jurisdiction under which the hearing is to be held.
3. A reference to the particular sections of the statutes and rules involved.
4. A short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time the notice is served,  the initial notice may be limited to a statement of the issues involved. Thereafter on application a more definite and detailed statement shall be furnished.
C. Opportunity shall be afforded all parties to participate in a settlement conference or mediation unless both parties or the hearing officer decline to set a settlement conference or mediation.
D. Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved. If there is no genuine issue of material fact,  a party may seek disposition of the case by motion.
E. Unless precluded by law,  and except as to claims for compensation and benefits under title 23,  chapter 6,  informal disposition may be made of any contested case by stipulation,  agreed settlement,  consent order or default.
F. The record in a contested case shall include:
1. All pleadings,  motions and interlocutory rulings.
2. Evidence received or considered.
3. A statement of matters officially noticed.
4. Objections and offers of proof and rulings thereon.
5. Proposed findings and exceptions.
6. Any decision,  opinion or report by the officer presiding at the hearing.
7. All staff memoranda,  other than privileged communications,  or data submitted to the hearing officer or members of the agency in connection with their consideration of the case.
G. Oral proceedings or any part of the proceedings shall be recorded manually or by a recording device and shall be transcribed on request of any party,  unless otherwise provided by law. The cost of the transcript shall be paid by the party making the request,  unless otherwise provided by law or unless assessment of the cost is waived by the agency.
H. Findings of fact shall be based exclusively on the evidence and on matters officially noticed.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-1063 - Decisions and orders

41-1063.
Decisions and orders
Unless otherwise provided by law,  any final decision or order adverse to a party in a contested case shall be in writing or stated in the record. Any final decision shall include findings of fact and conclusions of law,  separately stated. Findings of fact,  if set forth in statutory language,  shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Unless otherwise provided by law,  parties shall be notified either personally or by mail to their last known address of any decision or order. Upon request a copy of the decision or order shall be delivered or mailed forthwith to each party and to his attorney of record.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-1064 - Licenses; renewal; revocation; suspension; annulment; withdrawal

41-1064.
Licenses;  renewal;  revocation;  suspension;  annulment;  withdrawal
A. When the grant,  denial or renewal of a license is required to be preceded by notice and an opportunity for a hearing,  the provisions of this article concerning contested cases apply.
B. When a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature,  the existing license does not expire until the application has been finally determined by the agency,  and,  in case the application is denied or the terms of the new license limited,  until the last day for seeking review of the agency order or a later date fixed by order of the reviewing court.
C. No revocation,  suspension,  annulment or withdrawal of any license is lawful unless,  prior to the action,  the agency provides the licensee with notice and an opportunity for a hearing in accordance with this chapter. If the agency finds that the public health,  safety or welfare imperatively requires emergency action,  and incorporates a finding to that effect in its order,  summary suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-1065 - Hearing on denial of license or permit

41-1065.
Hearing on denial of license or permit
Proceedings for licenses or permits on application when not required by law to be preceded by notice and opportunity for hearing shall be governed by the provisions of the law relating to the particular agency,  provided that when an application for a license or permit is denied under the provisions of the law relating to a particular agency the applicant shall be entitled to have a hearing before such agency on such denial upon filing within fifteen days after receipt of notice of such refusal a written application for such hearing. Notice shall be given in the manner prescribed by section 41-1061. At such hearing such applicant shall be the moving party and have the burden of proof. Such hearing shall be conducted in accordance with this article for hearing of a contested case before an agency. Such hearing before such agency shall be limited to those matters originally presented to the agency for its determination on such application.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-1066 - Compulsory testimony; privilege against self-incrimination

41-1066.
Compulsory testimony;  privilege against self-incrimination
A. A person may not refuse to attend and testify or produce evidence sought by an agency in an action,  proceeding or investigation instituted by or before the agency on the ground that the testimony or evidence,  documentary or otherwise,  required of him may tend to incriminate him or subject him to a penalty or forfeiture unless it constitutes the compelled testimony or the private papers of the person which would be privileged evidence either pursuant to the fifth amendment of the Constitution of the United States or article II,  section 10,  Constitution of Arizona,  and the person claims the privilege prior to the production of the testimony or papers.
B. If a person asserts his privilege against self-incrimination and the agency seeks to compel production of the testimony or documents sought,  it may,  with the prior written approval of the attorney general,  issue a written order compelling the testimony or production of documents in proceedings and investigations before the agency or apply to the appropriate court for such an order in other actions or proceedings.
C. Evidence produced pursuant to subsection B is not admissible in evidence or usable in any manner in a criminal prosecution,  except for perjury,  false swearing,  tampering with physical evidence or any other offense committed in connection with the appearance made pursuant to this section against the person testifying or the person producing his private papers.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-1071 - Military relief from administrative procedures; process

41-1071.
Military relief from administrative procedures;  process
At any stage,  any action or proceeding before any state agency,  board,  commission or administrative tribunal involving a person on active duty in the military service of the United States or this state as a necessary party,  which occurs during such period of service or within sixty days thereafter,  may be stayed in the discretion of the state administrative entity before which it is pending,  on its own motion. The state administrative entity shall not stay an action or proceeding on its own motion if the service member makes a written objection to the stay. Such action or proceeding shall be stayed on application to the state administrative entity by such person or some person on his behalf,  unless in the written decision of the state administrative entity,  the ability of the service member to pursue the claim or defense in the action or proceeding is not prejudiced by the military service.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-1072 - Definitions

41-1072.
Definitions
In this article,  unless the context otherwise requires:
1. " Administrative completeness review time frame"  means the number of days from agency receipt of an application for a license until an agency determines that the application contains all components required by statute or rule,  including all information required to be submitted by other government agencies. The administrative completeness review time frame does not include the period of time during which an agency provides public notice of the license application or performs a substantive review of the application.
2. " Overall time frame"  means the number of days after receipt of an application for a license during which an agency determines whether to grant or deny a license. The overall time frame consists of both the administrative completeness review time frame and the substantive review time frame.
3. " Substantive review time frame"  means the number of days after the completion of the administrative completeness review time frame during which an agency determines whether an application or applicant for a license meets all substantive criteria required by statute or rule. Any public notice and hearings required by law shall fall within the substantive review time frame.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-1073 - Time frames; exception

41-1073.
Time frames;  exception
A. No later than December 31,  1998,  an agency that issues licenses shall have in place final rules establishing an overall time frame during which the agency will either grant or deny each type of license that it issues. Agencies shall submit their overall time frame rules to the governor's regulatory review council pursuant to the schedule developed by the council. The council shall schedule each agency's rules so that final overall time frame rules are in place no later than December 31,  1998. The rule regarding the overall time frame for each type of license shall state separately the administrative completeness review time frame and the substantive review time frame.
B. If a statutory licensing time frame already exists for an agency but the statutory time frame does not specify separate time frames for the administrative completeness review and the substantive review,  by rule the agency shall establish separate time frames for the administrative completeness review and the substantive review,  which together shall not exceed the statutory overall time frame. An agency may establish different time frames for initial licenses,  renewal licenses and revisions to existing licenses.
C. The submission by the department of environmental quality of a revised permit to the United States environmental protection agency in response to an objection by that agency shall be given the same effect as a notice granting or denying a permit application for licensing time frame purposes. For the purposes of this subsection,  " permit"  means a permit required by title 49,  chapter 2,  article 3.1 or section 49-426.
D. In establishing time frames,  agencies shall consider all of the following:
1. The complexity of the licensing subject matter.
2. The resources of the agency granting or denying the license.
3. The economic impact of delay on the regulated community.
4. The impact of the licensing decision on public health and safety.
5. The possible use of volunteers with expertise in the subject matter area.
6. The possible increased use of general licenses for similar types of licensed businesses or facilities.
7. The possible increased cooperation between the agency and the regulated community.
8. Increased agency flexibility in structuring the licensing process and personnel.
E. This article does not apply to licenses issued either:
1. Pursuant to tribal state gaming compacts.
2. Within seven days after receipt of initial application.
3. By a lottery method.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-1074 - Compliance with administrative completeness review time frame

41-1074.
Compliance with administrative completeness review time frame
A. An agency shall issue a written notice of administrative completeness or deficiencies to an applicant for a license within the administrative completeness review time frame.
B. If an agency determines that an application for a license is not administratively complete,  the agency shall include a comprehensive list of the specific deficiencies in the written notice provided pursuant to subsection A of this section. If the agency issues a written notice of deficiencies within the administrative completeness time frame,  the administrative completeness review time frame and the overall time frame are suspended from the date the notice is issued until the date that the agency receives the missing information from the applicant.
C. If an agency does not issue a written notice of administrative completeness or deficiencies within the administrative completeness review time frame,  the application is deemed administratively complete. If an agency issues a timely written notice of deficiencies,  an application is not complete until the agency receives all requested information.
D. Except for an application submitted to the department of water resources pursuant to title 45,  a determination by an agency that an application is not administratively complete is an appealable agency action,  which if timely initiated,  entitles the applicant to an adjudication on the merits of the administrative completeness of the application.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-1075 - Compliance with substantive review time frame

41-1075.
Compliance with substantive review time frame
A. During the substantive review time frame,  an agency may make one comprehensive written request for additional information. The agency and applicant may mutually agree in writing to allow the agency to submit supplemental requests for additional information. If an agency issues a comprehensive written request or a supplemental request by mutual written agreement for additional information,  the substantive review time frame and the overall time frame are suspended from the date the request is issued until the date that the agency receives the additional information from the applicant.
B. By mutual written agreement,  an agency and an applicant for a license may extend the substantive review time frame and the overall time frame. An extension of the substantive review time frame and the overall time frame may not exceed twenty-five per cent of the overall time frame.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-1076 - Compliance with overall time frame

41-1076.
Compliance with overall time frame
Unless an agency and an applicant for a license mutually agree to extend the substantive review time frame and the overall time frame pursuant to section 41-1075,  an agency shall issue a written notice granting or denying a license within the overall time frame to an applicant. If an agency denies an application for a license,  the agency shall include in the written notice at least the following information:
1. Justification for the denial with references to the statutes or rules on which the denial is based.
2. An explanation of the applicant's right to appeal the denial. The explanation shall include the number of days in which the applicant must file a protest challenging the denial and the name and telephone number of an agency contact person who can answer questions regarding the appeals process.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-1077 - Consequence for agency failure to comply with overall time frame; refund; penalty

41-1077.
Consequence for agency failure to comply with overall time frame;  refund;  penalty
A. If an agency does not issue to an applicant the written notice granting or denying a license within the overall time frame or within the time frame extension pursuant to section 41-1075,  the agency shall refund to the applicant all fees charged for reviewing and acting on the application for the license and shall excuse payment of any such fees that have not yet been paid. The agency shall not require an applicant to submit an application for a refund pursuant to this subsection. The refund shall be made within thirty days after the expiration of the overall time frame or the time frame extension. The agency shall continue to process the application subject to subsection B of this section. Notwithstanding any other statute,  the agency shall make the refund from the fund in which the application fees were originally deposited. This section applies only to license applications that were subject to substantive review.
B. Except for license applications that were not subject to substantive review,  the agency shall pay a penalty to the state general fund for each month after the expiration of the overall time frame or the time frame extension until the agency issues written notice to the applicant granting or denying the license. The agency shall pay the penalty from the agency fund in which the application fees were originally deposited. The penalty shall be two and one-half per cent of the total fees received by the agency for reviewing and acting on the application for each license that the agency has not granted or denied on the last day of each month after the expiration of the overall time frame or time frame extension for that license.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-1079 - Information required to be provided

41-1079.
Information required to be provided
A. An agency that issues licenses shall provide the following information to an applicant at the time the applicant obtains an application for a license:
1. A list of all of the steps the applicant is required to take in order to obtain the license.
2. The applicable licensing time frames.
3. The name and telephone number of an agency contact person who can answer questions or provide assistance throughout the application process.
B. This section does not apply to the Arizona peace officer standards and training board established by section 41-1821.