§ 49-497.02 — Judicial review of appealable agency action not subject to review by hearing board or administrative law judge

Arizona § 49-497.02

• Jurisdiction: Arizona
• Title 49: Arizona Revised Statutes
• Ch. 3: AIR QUALITY
• Art. 3: County Air Pollution Control

Text

A. Any person having an interest that is or may be adversely affected may commence a civil action in superior court against a control officer alleging that the control officer has failed to act in a timely manner as provided in section 49-480, subsection B and section 49-426, subsection C. No action may be commenced before sixty days after the plaintiff has given notice to the control officer. The court has jurisdiction to require the control officer to act without additional delay.

B. Except as provided in subsections C and D of this section, a person whose legal rights, duties or privileges were determined by an appealable agency action, or any person who will be adversely affected by an appealable agency action, may commence a civil action in superior court against the control officer alleging that the action was not supported by substantial evidence, is contrary to law, is arbitrary and capricious, or is an abuse of discretion. Review of the appealable agency action may be obtained without first obtaining a review by a hearing board or administrative law judge. The appeal in superior court shall be governed by the Arizona rules of procedure for special actions.

C. This section does not apply to a decision or action that must be appealed to the hearing board under section 49-476.01, 49-480.02, 49-482, 49-490 or 49-511 or to a final administrative decision obtained by an administrative appeal under section 49-471.15. Judicial review of those decisions or actions shall be as provided under section 49-497.01 rather than under subsection B of this section.

D. An action pursuant to subsection B of this section shall not be commenced before sixty days after the plaintiff has given notice to the control officer.

E. A sixty day notice under this section shall be filed with the control officer within thirty days of service of notice of the appealable agency action. The notice of appeal shall identify the party, the party's address, the action being appealed and shall contain a concise statement of the reasons for the appeal.

F. Under this section, service of notice of an appealable agency action shall be effected by personal delivery or certified mail, return receipt requested, or by any other method reasonably calculated to effect actual notice to the party to the action to the party's last address of record with the control officer.

G. 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.