Arizona Laws 4-210.02. Appeals from director
A. Except as provided in Section 4-203.01, subsection E, a decision issued by the director is not final for purposes of appeal to superior court until it has first been appealed to and ruled on by the board. Any aggrieved party may appeal any final decision of the director regarding applicants or licensees to the board based on a contention that the decision was any of the following:
Terms Used In Arizona Laws 4-210.02
- Aggrieved party: means a person who resides at, owns or leases property within a one-mile radius of premises proposed to be licensed and who filed a written request with the department to speak in favor of or opposition to the issuance of the license not later than sixty days after filing the application or fifteen days after action by the local governing body, whichever is sooner. See Arizona Laws 4-101
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board: means the state liquor board. See Arizona Laws 4-101
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the department of liquor licenses and control. See Arizona Laws 4-101
- Director: means the director of the department of liquor licenses and control. See Arizona Laws 4-101
- Employee: means any person who performs any service on licensed premises on a full-time, part-time or contract basis with consent of the licensee, whether or not the person is denominated an employee or independent contractor or otherwise. See Arizona Laws 4-101
- 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.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Person: includes a partnership, limited liability company, association, company or corporation, as well as a natural person. See Arizona Laws 4-101
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Writing: includes printing. See Arizona Laws 1-215
1. Founded on or contained errors of law which shall specifically include errors of construction or application of any relevant rules.
2. Unsupported by any competent evidence as disclosed by the entire record.
3. Materially affected by unlawful procedures.
4. Based on a violation of any constitutional provision.
5. Arbitrary or capricious.
B. The aggrieved party shall file the appeal in writing with the department within fifteen days after service of the notice of the decision of the director. The decision of the director is suspended until the determination of any appeal by the board.
C. The board or an administrative law judge shall conduct a hearing on the appeal pursuant to Title 41, Chapter 6, Article 10 and may accept any relevant and material evidence and testimony and exercise the rights prescribed by section 12-2212 or section 4-112, subsection F. At the hearing an attorney or corporate officer or employee of a corporation may represent the corporation. The department shall prepare an official record of the hearing, including all testimony recorded mechanically or stenographically and all exhibits introduced. The department is not required to transcribe such record except pursuant to an appeal to the superior court, except that, upon written request and receipt of a reasonable fee for transcribing such record, the department may transcribe the record or allow for its transcription by the person requesting.
D. The board may affirm, reverse or modify any decision issued by the director.