Arizona Laws 23-476. Safety standards and regulations
A. Safety standards and regulations shall be formulated in the following manner:
Terms Used In Arizona Laws 23-476
- Boiler: means a closed vessel in which water or other liquid is heated, steam or vapor is generated or steam or vapor is superheated, or any combination thereof, under pressure or vacuum for a use that is external to itself, by the direct application of heat from the combustion of fuels or from electricity. See Arizona Laws 23-471
- Commission: means the industrial commission of Arizona. See Arizona Laws 23-471
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Division: means the division of occupational safety and health of the commission. See Arizona Laws 23-471
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
1. The division shall either propose adoption of national consensus standards or federal standards or draft such regulations as it considers necessary after conducting sufficient investigation through the division’s employees and through consultation with the boiler advisory board and other persons knowledgeable in the business for which the standards or regulations are being formulated.
2. Proposed standards or regulations, or both, shall be submitted to the commission for its approval.
B. Any person who may be adversely affected by a standard or regulation issued pursuant to this article may at any time prior to the sixtieth day after such standard or regulation is promulgated file a complaint challenging the validity of such standard or regulation with the superior court of the county in which the person resides or has his or her principal place of business, for a judicial review of such standard or regulation. The filing of such a complaint shall not, unless otherwise ordered by the court, operate as a stay of the standard or regulation. The determinations of the commission shall be conclusive if supported by substantial evidence in the record considered as a whole.
C. In case of conflict between standards and regulations, the regulations shall take precedence.