A. In an action to review a final decision of an administrative agency, the agency and all persons, other than the appellant, who are parties of record in the proceedings may appear in the proceedings before the superior court as appellees.

Terms Used In Arizona Laws 12-908

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • agency: means every agency, board, commission, department or officer authorized by law to exercise rule-making powers or to adjudicate contested cases, whether created by constitutional provision or legislative enactment. See Arizona Laws 12-901
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • decision: means any decision, order or determination of an administrative agency that is rendered in a case, that affects the legal rights, duties or privileges of persons and that terminates the proceeding before the administrative agency. See Arizona Laws 12-901

B. If the administrative hearing is held before the office of administrative hearings, the office of administrative hearings is not a party of record in the proceedings and is not to be named as a party in the notice of appeal or to appear as a party in the appellate proceedings before the court unless otherwise required by law or order of the court. For the purposes of this section, the office of administrative hearings includes the director of the office of administrative hearings and the administrative law judge.

 

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