SB 1437 Summary

• Amends Arizona administrative procedures to require agencies to limit occupational regulations to those demonstrated necessary for public health, safety, or welfare, excluding protections for existing businesses or competition.

• Establishes petition and enforcement procedures allowing individuals harmed by occupational regulations to petition agencies for repeal or modification within ninety days, or file court challenges for regulations that burden entry into lawful occupations.

• Requires courts to apply heightened scrutiny to occupational licensing cases and award attorney fees and costs to plaintiffs who prove regulations are not necessary to fulfill public health, safety, or welfare concerns.

• Expands the Governor's Regulatory Review Council's authority to review final rules based on whether they meet statutory requirements in section 41-1030, with findings and conclusions addressing agency authority specifically.

• Modifies administrative hearing procedures to require final agency decisions include findings of fact and conclusions of law separately stated, with conclusions specifically addressing the agency's authority to act consistent with statutory requirements.