41-1092. Definitions

656 words·~3 min read·/az/title-41/41-1092

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

In this article, unless the context otherwise requires:

1. "Administrative law judge" means an individual or an agency head, board or commission that sits as an administrative law judge, that conducts administrative hearings in a contested case or an appealable agency action and that makes decisions regarding the contested case or appealable agency action.

2. "Administrative law judge decision" means the findings of fact, conclusions of law and recommendations or decisions issued by an administrative law judge.

3. "Adversely affected party" means:

(a)An individual who both:

(i)Provides evidence of an actual injury or economic damage that the individual has suffered or will suffer as a direct result of the action and not due to being a competitor or a general taxpayer.

(ii)Timely submits comments on the license application that include, with sufficient specificity, the questions of law, if applicable, that are the basis for the appeal.

(b)A group or association that identifies, by name and physical address in the notice of appeal, a member of the group or association who would be an adversely affected party in the individual's own right.

4. "Appealable agency action" means an action that determines the legal rights, duties or privileges of a party, including the administrative completeness of an application other than an application submitted to the department of water resources pursuant to title 45, and that is not a contested case. Appealable agency actions do not include interim orders by self-supporting regulatory boards, rules, orders, standards or statements of policy of general application issued by an administrative agency to implement, interpret or make specific the legislation enforced or administered by it or clarifications of interpretation, nor does it mean or include rules concerning the internal management of the agency that do not affect private rights or interests.

For the purposes of this paragraph, administrative hearing does not include a public hearing held for the purpose of receiving public comment on a proposed agency action.

5. "Director" means the director of the office of administrative hearings.

6. "Final administrative decision" means a decision by an agency that is subject to judicial review pursuant to title 12, chapter 7, article 6.

7. "Licensee":

(a)Means any individual or business entity that has been issued a license by a state agency to engage in any business or activity in this state and that is subject to a licensing decision.

(b)Includes any individual or business entity that has applied for such a license and that appeals a licensing decision pursuant to section 41-1092.08 or 41-1092.12.

8. "Office" means the office of administrative hearings.

9. "Self-supporting regulatory board" means any of the following:

(a)The Arizona state board of accountancy.

(b)The barbering and cosmetology board.

(c)The board of behavioral health examiners.

(d)The Arizona state boxing and mixed martial arts commission.

(e)The state board of chiropractic examiners.

(f)The state board of dental examiners.

(g)The Arizona game and fish commission.

(h)The board of homeopathic and integrated medicine examiners.

(i)The Arizona medical board.

(j)The naturopathic physicians medical board.

(k)The Arizona state board of nursing.

(l)The board of examiners of nursing care institution administrators and assisted living facility managers.

(m)The board of occupational therapy examiners.

(n)The state board of dispensing opticians.

(o)The state board of optometry.

(p)The Arizona board of osteopathic examiners in medicine and surgery.

(q)The Arizona peace officer standards and training board.

(r)The Arizona state board of pharmacy.

(s)The board of physical therapy.

(t)The state board of podiatry examiners.

(u)The state board for private postsecondary education.

(v)The state board of psychologist examiners.

(w)The board of respiratory care examiners.

(x)The state board of technical registration.

(y)The Arizona state veterinary medical examining board.

(z)The acupuncture board of examiners.

(aa)The Arizona regulatory board of physician assistants.

(bb)The board of athletic training.

(cc)The board of massage therapy.