Arizona Laws 9-832. Regulatory bill of rights
To ensure fair and open regulation by municipalities, a person:
Terms Used In Arizona Laws 9-832
- 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.
- 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 municipal permit, certificate, approval, registration, charter or similar form of permission required by law. See Arizona Laws 9-831
- Licensing: includes the municipal process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal or amendment of a license. See Arizona Laws 9-831
- municipality: means an incorporated city or town. See Arizona Laws 9-831
- 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 9-831
- 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 municipality's current approach to, or opinion of, the requirements of the ordinances or codes, including, if appropriate, the municipality's current practice, procedure or method of action based on that approach or opinion. See Arizona Laws 9-831
1. Is eligible for reimbursement of fees and other expenses if the person prevails by adjudication on the merits against a municipality in a court proceeding regarding a municipality decision as provided in section 12-348.
2. Is entitled to receive information and notice regarding inspections as provided in section 9-833.
3. Is entitled to have a municipality not base a licensing decision in whole or in part on licensing conditions or requirements that are not specifically authorized as provided in section 9-834, subsection A.
4. May have a municipality approve or deny the person’s license application within a predetermined period of time as provided in section 9-835.
5. Is entitled to receive written or electronic notice from a municipality on denial of a license application that:
(a) Justifies the denial with references to the statute, ordinance, code or authorized substantive policy statements on which the denial is based as provided in section 9-835.
(b) Explains the applicant’s right to appeal the denial as provided in section 9-835.
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 9-836.
7. May inspect all ordinances, codes and substantive policy statements of a municipality, including a directory of documents, at the office of the municipality or on the municipality’s website as provided in section 9-837.
8. Unless specifically authorized, may expect municipalities 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 9-834.
9. May file a complaint with the municipality concerning an ordinance, code or substantive policy statement that fails to comply with this section.
10. As provided in section 9-834, is entitled to have a municipality not request or initiate discussions about waiving any of the rights prescribed in this section.