Arizona Laws 23-491.06. Development of standards and regulations
A. Safety standards and regulations shall be formulated in the following manner:
Terms Used In Arizona Laws 23-491.06
- Commission: means the industrial commission of Arizona. See Arizona Laws 23-491
- 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 industrial commission. See Arizona Laws 23-491
- 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 investigations through the division’s employees and through consultation with 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 approval.
B. Any person who may be adversely affected by a standard or regulation issued under this article may, at any time within sixty days after such standard or regulation is promulgated by the commission, file a complaint challenging the validity of such standard or regulation with the superior court in the county in which the person resides or has the person’s principal place of business, for a judicial review of such standard or regulation. The filing of 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.