Arizona Laws 41-1093.03. Enforcement; fees and costs
A. Whether or not a petition is filed pursuant to Section 41-1093.02, any individual may file an action in a court of general jurisdiction to challenge an occupational regulation.
Terms Used In Arizona Laws 41-1093.03
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Individual: means a natural person. See Arizona Laws 41-1093
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Plaintiff: The person who files the complaint in a civil lawsuit.
B. To prevail in an action challenging the occupational regulation, the court must find by a preponderance of the evidence that the challenged occupational regulation on its face or in its effect burdens the entry into or participation in an occupation, trade or profession and that this state has failed to prove by a preponderance of the evidence that the challenged occupational regulation is demonstrated to be necessary to specifically fulfill a public health, safety or welfare concern.
C. If the court finds for the plaintiff, the court shall enjoin further enforcement of the challenged occupational regulation and shall award reasonable attorney fees and costs to the plaintiff.