Arizona Laws 49-471.15. Administrative appeals
A. A person whose legal rights, duties or privileges were determined by an appealable agency action or who will be adversely affected by an appealable agency action and who exercised any right to comment on the action provided by law, rule or ordinance may appeal the action to the air pollution hearing board established pursuant to section 49-478 if the grounds for the appeal are limited to issues raised in that party’s comments, except that administrative appeals of decisions to approve, deny or revoke a permit, permit revision or conditional order are governed by sections 49-480.02 and 49-482 and hearings on orders of abatement are governed by section 49-490.
Terms Used In Arizona Laws 49-471.15
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Air pollution: means the presence in the outdoor atmosphere of one or more air contaminants or combinations thereof in sufficient quantities, which either alone or in connection with other substances, by reason of their concentration and duration are or tend to be injurious to human, plant or animal life, or cause damage to property, or unreasonably interfere with the comfortable enjoyment of life or property of a substantial part of a community, or obscure visibility, or which in any way degrade the quality of the ambient air below the standards established by the board of supervisors. See Arizona Laws 49-471
- 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
- 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
- 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
B. A notice of appeal under this section shall be filed with the hearing board within thirty days after the county serves 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. The hearing board shall conduct a public hearing on the appeal within the time prescribed by section 49-482.
C. On the concurrence of the control officer and the appealing party, or if a hearing board is unavailable for any reason, any appeals under this section may be heard before an administrative law judge pursuant to Section 41-1092.01, subsection J, and the appeal shall be governed by the procedures prescribed in Title 41, Chapter 6, Article 10 and all associated rules adopted by the office of administrative hearings.
D. 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.