11-1602. Regulatory bill of rights

367 words·~2 min read·/az/title-11/11-1602

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

To ensure fair and open regulation by counties, a person:

1. Is eligible for reimbursement of fees and other expenses if the person prevails by adjudication on the merits against a county in a court proceeding regarding a county decision as provided in section 12-348.

2. Is entitled to receive information and notice regarding inspections as provided in section 11-1603.

3. Is entitled to have a county not base a licensing decision in whole or in part on licensing conditions or requirements that are not specifically authorized as provided in section 11-1604.

4. May have a county approve or deny the person's license application within a predetermined period of time as provided in section 11-1605.

5. Is entitled to receive written or electronic notice from a county on denial of a license application that:

(a)Justifies the denial with references to the statute, ordinance, regulation, delegation agreement or authorized substantive policy statements on which the denial is based as provided in section 11-1605.

(b)Explains the applicant's right to appeal the denial as provided in section 11-1605.

6. Is entitled to receive information regarding the license application process at the time the person obtains an application for a license as provided in section 11-1606.

7. May inspect all ordinances, regulations, rules and substantive policy statements of a county, including a directory of documents, at the office of the county or on the county's website as provided in section 11-1607.

8. Unless specifically authorized, may expect counties to avoid duplication of other laws that do not enhance regulatory clarity and to avoid dual permitting to the maximum extent practicable as provided in section 11-1604.

9. May file a complaint with the board of supervisors concerning an ordinance, regulation, rule or substantive policy statement that fails to comply with this section.

10. As provided in section 11-1604, is entitled to have a county not request or initiate discussions about waiving any of the rights prescribed in this section.

11. May participate in the rule development process as provided in section 11-251.18, including providing written or verbal comments on proposed rules to a county department or agency and having the agency or department address comments as provided in section 11-251.18.