Templates Administrative Law State Administrative Appeal - Arizona
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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

  1. Document Header
  2. Definitions
  3. Jurisdiction, Venue & Governing Law
  4. Parties
  5. Exhaustion of Administrative Remedies
  6. Statement of Facts
  7. Claims for Relief
  8. Prayer for Relief
  9. Verification
  10. 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: ____________________

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STATE ADMINISTRATIVE APPEAL

STATE OF ARIZONA


Effective Date: [DATE]
Party A: [PARTY A NAME]
Address: [PARTY A ADDRESS]
Party B: [PARTY B NAME]
Address: [PARTY B ADDRESS]
Governing Law: [GOVERNING STATE]

This document is entered into by and between [PARTY A NAME] and [PARTY B NAME], effective as of the date set forth above, subject to the terms and conditions outlined herein and the laws of [GOVERNING STATE].
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