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AZ HB2062

Bill

Status

Vetoed

5/16/2018

Primary Sponsor

Thomas Shope

Click for details

Origin

House of Representatives

Fifty-third Legislature - Second Regular Session (2018)

AI Summary

  • Requires municipalities and counties to specify licensing criteria in clear and unambiguous language when a license is required before engaging in constitutionally protected activity, unless criteria is established by federal law.

  • Establishes a 30-day deadline for municipalities, counties, and state agencies to review and determine approval or denial of license applications for constitutionally protected activity, unless another timeframe is specified by law.

  • Directs courts to determine whether licensing language is clear and unambiguous without deference to the agency, and presumes clarity if an agency issues a written clarification or adopts a rule.

  • Modifies administrative hearing procedures to require compliance with uniform administrative hearing procedures or judicial rules of evidence unless knowingly and voluntarily waived by parties.

  • Changes burden of persuasion in license denial hearings so the agency bears the burden when denying licenses or permits, and establishes preponderance of evidence as the standard burden of proof in all agency hearings.

Legislative Description

Permits; licenses; denials; agency hearings

Administrative Procedures

Last Action

Governor Vetoed

5/16/2018

Full Bill Text

No bill text available