Arizona Laws 48-3644. Prohibited acts by district and employees; enforcement; notice
A. A district shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule, regulation, ordinance, executive order or delegation agreement. A general grant of authority does not constitute a basis for imposing a licensing requirement or condition unless the authority specifically authorizes the requirement or condition.
Terms Used In Arizona Laws 48-3644
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- District: means a district organized pursuant to article 1 of this chapter. See Arizona Laws 48-3641
- 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
- Statute: A law passed by a legislature.
B. Unless specifically authorized, a district shall avoid duplication of other laws or executive orders that do not enhance regulatory clarity and shall avoid dual permitting to the maximum extent practicable.
C. This section does not prohibit district flexibility to issue licenses or adopt ordinances or regulations.
D. A district shall not request or initiate discussions with a person about waiving that person’s rights.
E. This section may be enforced in a private civil action and relief may be awarded against the district. The court may award reasonable attorney fees, damages and all fees associated with the license application to a party that prevails in an action against the district for a violation of this section.
F. A district employee may not intentionally or knowingly violate this section. A violation of this section is cause for disciplinary action or dismissal pursuant to the district’s adopted personnel policy.
G. This section does not abrogate the immunity provided by Section 12-820.01 or 12-820.02.
H. A district shall prominently print the provisions of subsections A, B, C, D, E, F and G of this section on all license applications.
I. The licensing application may be in either print or electronic format.