Senate Bill 1072 Summary

• Adds a new category (paragraph 7) to Section 12-348 allowing parties to recover attorney fees when prevailing in civil actions challenging rules, decisions, guidelines, enforcement policies, or procedures of state agencies that are statutorily exempt from rulemaking requirements under Title 41, Chapter 6.

• Modifies Section 12-910 to clarify that courts reviewing administrative decisions may supplement the administrative record with evidence presented at evidentiary hearings before determining whether an agency action is supported by substantial evidence, contrary to law, arbitrary and capricious, or an abuse of discretion.

• Restructures the standard of review language in Section 12-910(E) to specify that courts shall affirm agency actions unless concluding the action is contrary to law, not supported by substantial evidence, arbitrary and capricious, or an abuse of discretion.