Arizona Laws 48-3642. Regulatory bill of rights
To ensure fair and open regulation by districts, a person:
Terms Used In Arizona Laws 48-3642
- 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.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- District: means a district organized pursuant to article 1 of this chapter. See Arizona Laws 48-3641
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- License: includes the whole or part of any district permit, certificate, approval, registration, charter or similar form of permission required by law. See Arizona Laws 48-3641
- Licensing: includes the district process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal or amendment of a license. See Arizona Laws 48-3641
- Person: means an individual, partnership, corporation, association, governmental subdivision or unit of a governmental subdivision or a public or private organization of any character. See Arizona Laws 48-3641
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
- Statute: A law passed by a legislature.
- Substantive policy statement: means a written expression that is only advisory and that informs the general public of a district's current approach to, or opinion of, the requirements of the ordinances or regulations, including, if appropriate, the district's current practice, procedure or method of action based on that approach or opinion. See Arizona Laws 48-3641
1. Is eligible for reimbursement of fees and other expenses if the person prevails by adjudication on the merits against a district in a court proceeding regarding a district decision as provided in section 12-348.
2. Is entitled to receive information and notice regarding inspections as provided in section 48-3643.
3. Is entitled to have a district not base a licensing decision in whole or in part on licensing conditions or requirements that are not specifically authorized as provided in section 48-3644.
4. May have a district approve or deny the person’s license application within a predetermined period of time as provided in section 48-3645.
5. Is entitled to receive written or electronic notice from a district on denial of a license application that:
(a) Justifies the denial with references to the statute, ordinance, regulation, executive order, delegation agreement or authorized substantive policy statement on which the denial is based as provided in section 48-3645.
(b) Explains the applicant’s right to appeal the denial as provided in section 48-3645.
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 48-3646.
7. May inspect all ordinances, regulations, rules and substantive policy statements of a district, including a directory of documents, at the office of the district or a district website as provided in section 48-3647.
8. Unless specifically authorized, may expect districts 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 48-3644.
9. May file a complaint with the board of directors concerning an ordinance, rule, regulation or substantive policy statement that fails to comply with this section.
10. As provided in section 48-3644, is entitled to have a district 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 48-3609.02, including providing written or verbal comments on proposed rules to the district and having the district address comments as provided in Section 48-3609.02.