Arizona Laws 49-471.01. Regulatory bill of rights
A. To ensure fair and open regulation under this article by counties, a person:
Terms Used In Arizona Laws 49-471.01
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Allegation: something that someone says happened.
- 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.
- Control officer: means the executive head of the department authorized or designated to enforce air pollution regulations, or the executive head of an air pollution control district established pursuant to section 49-473. See Arizona Laws 49-471
- Hearing board: means any county air pollution hearing board established pursuant to this article. See Arizona Laws 49-471
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Permit: includes all or any part of a county permit, license, certificate, approval, registration, charter or similar form of permission required by law. See Arizona Laws 49-471
- Permitting: includes the county process for granting, denying, renewing, revoking, suspending, annulling, withdrawing or amending a permit. See Arizona Laws 49-471
- Person: includes any public or private corporation, company, partnership, firm, association or society of persons, the federal government and any of its departments or agencies, the state and any of its agencies, departments or political subdivisions, as well as a natural person. See Arizona Laws 49-471
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
- Rule or ordinance making: means the process for formulation and adoption of a rule or ordinance. See Arizona Laws 49-471
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Writing: includes printing. See Arizona Laws 1-215
1. Is eligible for reimbursement of fees and other expenses if the person substantially prevails by adjudication on the merits against a county in a court proceeding or an administrative appeal brought pursuant to this article.
2. Is entitled to have a county not charge the person a fee unless the fee for the specific activity is expressly authorized as provided in Section 49-471.02.
3. Is entitled to receive the information and notice regarding inspections prescribed in Section 49-471.03.
4. May review the full text or summary of notices of rule or ordinance making and the summary of substantive policy statements posted on the county’s website as provided in sections 49-471.04, 49-471.08, 49-471.09 and 49-471.11.
5. May participate in the rule or ordinance making process as provided in this article, including an opportunity to provide written or oral comments on notices of proposed rule or ordinance making as provided in sections 49-471.06 and 49-471.08, and having a control officer adequately respond to comments as provided in sections 49-471.07 and 49-471.08.
6. May petition the county in writing that an existing county agency practice or substantive policy statement constitutes a rule or ordinance and have that county agency practice or substantive policy statement be declared void because the practice or substantive policy statement constitutes a rule or ordinance as an appealable agency action under Section 49-471.15 or as provided in sections 49-471.12 and 49-497.
7. Is entitled to have a control officer not base a permitting decision under this article in whole or in part on conditions or requirements that are not specifically authorized by a provision of this state’s law as provided in Section 49-471.10, subsection C.
8. Is entitled to have a control officer identify the legal authority for each condition in a permit issued under this article as provided in Section 49-471.10, subsection C.
9. Is entitled to have a county not make a rule or ordinance under a general grant of rule or ordinance making authority to supplement a more specific grant of rule or ordinance making authority as provided in Section 49-471.10, subsection D.
10. May inspect all rules or ordinances and substantive policy statements of a county, including a directory of documents, in the office of the county control officer as provided in Section 49-471.11.
11. May have a control officer approve or deny the person’s permit application within a predetermined period of time as provided in Section 49-471.13.
12. May have appealable agency actions heard by a hearing board or administrative law judge as provided in Section 49-471.15.
13. May have administrative appeal hearings governed by uniform administrative procedures as set forth in section 49-496 for appeals to the hearing board and Title 41, Chapter 6, Article 10 for appeals to an administrative law judge as provided in Section 49-471.15.
14. Is entitled to request a control officer to waive overly burdensome permit procedures and requirements for sources that are not required to obtain a title V permit as provided in section 49-480, subsection M.
15. Is entitled to obtain judicial review of decisions by a hearing board, an administrative law judge or a control officer in appropriate cases as provided in sections 49-497, 49-497.01 and 49-497.02.
16. Is entitled, with the county’s concurrence, to enter settlement agreements with the county to resolve compliance matters without the need for an order, action in court or allegation or finding of violation as provided in section 49-511.
B. The reference to rights in subsection A of this section does not grant any additional rights that are not prescribed in the other sections of this article.