HB 2238 Summary

• Amends Section 12-910 of Arizona Revised Statutes regarding the scope of review for final administrative decisions in superior court.

• Allows courts to admit new exhibits and testimony not presented at the administrative hearing, and to consider previously unraised objections, unless withheld for improper purposes or would substantially prejudice another party.

• Requires courts reviewing agency actions to decide all questions of law without deference to prior agency determinations on those legal questions in proceedings brought by or against the regulated party.

• Establishes that courts must affirm agency actions unless the action is contrary to law, unsupported by substantial evidence, arbitrary and capricious, or an abuse of discretion.

• Exempts agency actions under Title 20, Chapter 15, Article 2 and agencies created under Arizona Constitution Article XV from the new de novo standard of review.