PETITION FOR JUDICIAL REVIEW OF ADMINISTRATIVE DECISION
(Arizona Administrative Review Act, A.R.S. Section 12-901 et seq.)
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF [COUNTY]
Case No.: _________________
[PETITIONER],
Petitioner,
v.
[RESPONDENT STATE AGENCY],
Respondent.
TABLE OF CONTENTS
- Document Header
- Definitions
- Jurisdiction, Venue & Governing Law
- Parties
- Exhaustion of Administrative Remedies
- Statement of Facts
- Claims for Relief
- Prayer for Relief
- Verification
- Signature Block
1. DOCUMENT HEADER
1.1 Effective Date. This Petition for Judicial Review (the "Petition") is deemed filed on the date reflected by the Clerk's endorsement.
1.2 Recitals.
(a) Respondent [STATE AGENCY] ("Agency") issued a final decision dated [DATE OF DECISION] (the "Decision") imposing [DESCRIBE PENALTY/ORDER] against Petitioner.
(b) Petitioner timely seeks judicial review pursuant to the Arizona Administrative Review Act, A.R.S. Section 12-901 et seq.
(c) Petitioner additionally seeks declaratory and injunctive relief pending final determination.
2. DEFINITIONS
"Administrative Record" - the complete record of the underlying agency proceeding.
"Agency" - [RESPONDENT STATE AGENCY FULL FORMAL NAME] and its officers, employees, agents, subdivisions, boards, and successors.
"Decision" - the final administrative decision issued by Agency on [DATE] in Case No. [AGENCY CASE NO.].
"Petitioner" - [PETITIONER FULL LEGAL NAME], including its officers, directors, employees, agents, successors, and assigns.
3. JURISDICTION, VENUE & GOVERNING LAW
3.1 Statutory Basis. This Court has jurisdiction under A.R.S. Section 12-902.
3.2 Venue. Venue is proper in this Court because Petitioner resides in [COUNTY] County and/or the Agency is located in this county.
3.3 Governing Law. This Petition is governed by the Arizona Constitution and the Arizona Administrative Review Act (A.R.S. Section 12-901 et seq.).
4. PARTIES
4.1 Petitioner. Petitioner [PETITIONER NAME] is a [DESCRIBE ENTITY TYPE] with its principal place of business at [ADDRESS].
4.2 Respondent. Respondent [STATE AGENCY] is a state administrative agency established under [CITE ENABLING STATUTE], with principal offices at [ADDRESS].
5. EXHAUSTION OF ADMINISTRATIVE REMEDIES
5.1 Petitioner participated fully in the underlying agency proceeding and preserved each objection stated herein.
5.2 The Agency issued its final Decision on [DATE]. No further intra-agency review is available; all administrative remedies are exhausted.
5.3 This Petition is filed within the statutory 35-day limitations period prescribed by A.R.S. Section 12-904.
6. STATEMENT OF FACTS
6.1 Overview. On [DATE], Agency commenced administrative enforcement against Petitioner alleging [SUMMARY OF ALLEGED VIOLATIONS].
6.2 Evidentiary Hearing. An evidentiary hearing was conducted on [DATE(S)] before [ALJ/HEARING OFFICER NAME].
6.3 The Decision. On [DATE], the Agency issued its final Decision finding [FINDINGS] and imposing [SANCTIONS].
6.4 Prejudice. The Decision adversely affects Petitioner by [DESCRIBE HARM].
7. CLAIMS FOR RELIEF
7.1 FIRST CAUSE OF ACTION - Judicial Review (A.R.S. Section 12-910)
Under A.R.S. Section 12-910, the Court may affirm, reverse, modify, or vacate the agency action if the agency:
- ☐ Acted without or in excess of its statutory authority
- ☐ Made a decision not supported by substantial evidence
- ☐ Made arbitrary or capricious findings
- ☐ Made findings not justified by the record
- ☐ Committed an abuse of discretion
- ☐ Made an unconstitutional action or decision
- ☐ Made procedural errors depriving petitioner of a fair hearing
7.2 SECOND CAUSE OF ACTION - Declaratory Relief
Petitioner seeks a judicial declaration that the Decision is void and unenforceable.
7.3 THIRD CAUSE OF ACTION - Injunctive Relief
Petitioner seeks injunctive relief barring enforcement of the Decision pending resolution.
8. PRAYER FOR RELIEF
WHEREFORE, Petitioner prays for judgment as follows:
A. Reversal or modification of the Agency Decision;
B. Declaratory judgment that the Decision is null and void;
C. Preliminary and permanent injunctive relief;
D. Stay of enforcement per A.R.S. Section 12-910.01;
E. Costs and attorney's fees per A.R.S. Section 12-348 as permitted;
F. Other relief as just and proper.
9. VERIFICATION
I, [NAME], am the [TITLE] of Petitioner. I have read the foregoing Petition and the matters stated therein are true to my knowledge. I declare under penalty of perjury that the foregoing is true and correct.
Executed on [DATE], at [CITY, STATE].
___________________________________
[NAME], [Title]
10. SIGNATURE BLOCK
Respectfully submitted,
[LAW FIRM NAME]
Attorneys for Petitioner
By: ___________________________________
[ATTORNEY NAME]
Arizona State Bar No. [####]
[ADDRESS]
[PHONE] | [EMAIL]
Dated: ____________________