Arizona Laws 49-497.01. Judicial review of hearing board or administrative law judge decisions
A. Except as provided in this section, a hearing board decision or a decision of an administrative law judge in lieu of a hearing board is subject to judicial review pursuant to Title 12, Chapter 7, Article 6.
Terms Used In Arizona Laws 49-497.01
- 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
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- 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
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Writing: includes printing. See Arizona Laws 1-215
B. Within thirty days after service of notice of a final decision or order of the board or administrative law judge, or an order denying a rehearing timely applied for, any person who was a party of record in the proceedings before the board or administrative law judge, including the control officer or department authorized or designated to enforce air pollution regulations, may appeal the decision or order to the superior court in the county in which the hearing was conducted and the scope of the review shall be determined pursuant to section 12-910.
C. A notice of appeal, designating the grounds for appeal, and a demand in writing for a certified transcript of the testimony and exhibits shall be filed with the court and served on the board or administrative law judge. After receipt of the demand, accompanied by payment of a fee of the current prevailing rate for transcripts and one dollar for certification of the transcript, the board or administrative law judge shall make and certify the transcript and file it with the clerk of the court to which the appeal has been taken within thirty days, unless extended by agreement of the parties or order of the court.
D. If an appeal is taken from an order or decision of the board or administrative law judge, the order or decision remains in effect pending final determination of the matter, unless stayed by the court on a hearing, after notice to the board or administrative law judge, and on a finding by the court that there is probable cause for appeal and that great or irreparable damage may result to the petitioner warranting the stay.
E. An appeal may be taken to the court of appeals from the order of the superior court as in other civil cases. Proceedings under this section shall be given precedence and brought to trial ahead of other litigation concerning private interests and other matters that do not affect public health and welfare.