Petition for Judicial Review of Administrative Decision - Arizona

COMPLAINT FOR JUDICIAL REVIEW OF ADMINISTRATIVE DECISION

State of Arizona

Arizona Administrative Review Act, A.R.S. § 12-901 et seq.

COURT CAPTION

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF [________________________________]

Case No.: ___________________

[________________________________],
Petitioner/Plaintiff,

v.

[________________________________],
Respondent/Defendant.

COMPLAINT FOR JUDICIAL REVIEW

TABLE OF CONTENTS

1. Preliminary Statement
2. Parties
3. Jurisdiction and Venue
4. Timeliness of Appeal
5. Exhaustion of Administrative Remedies
6. Statement of the Case
7. Standard of Review
8. Claims for Relief
9. Request for Stay of Agency Action
10. Request for Evidentiary Hearing
11. Prayer for Relief
12. Verification
13. Signature Block
14. Certificate of Service

I. PRELIMINARY STATEMENT

1. Petitioner [________________________________] ("Petitioner") hereby files this Complaint for Judicial Review pursuant to the Arizona Administrative Review Act, A.R.S. § 12-901 et seq., seeking review of the final administrative decision (the "Decision") issued by [________________________________] (the "Agency") on [__/__/____].

2. The Decision [describe action]: [________________________________]

3. The Decision should be reversed, modified, or remanded because: [________________________________]

II. PARTIES

A. Petitioner

Full Legal Name: [________________________________]

Entity Type: ☐ Individual ☐ Corporation ☐ LLC ☐ Partnership ☐ Other: [____]

Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

B. Respondent Agency

Agency Name: [________________________________]

Enabling Statute: [________________________________]

Principal Office Address: [________________________________]

City, State, ZIP: [________________________________]

Agency Director: [________________________________]

III. JURISDICTION AND VENUE

3.1 Statutory Basis. This Court has jurisdiction under A.R.S. § 12-902, which provides that except as otherwise provided by law, the Superior Court shall hear and determine all matters pertaining to judicial review of administrative decisions.

3.2 Venue. Venue is proper in [________________________________] County because:

☐ Petitioner resides in this county
☐ The Agency has its principal office in this county
☐ The administrative action arose in this county
☐ Other: [________________________________]

3.3 Governing Law. This Complaint is governed by the Arizona Constitution, the Arizona Administrative Review Act (A.R.S. § 12-901 et seq.), and the Arizona Administrative Procedure Act (A.R.S. § 41-1001 et seq.).

IV. TIMELINESS OF APPEAL

4.1 The Agency served its final Decision on Petitioner on [__/__/____].

4.2 Under A.R.S. § 12-904(A), a complaint for judicial review must be filed not later than thirty-five (35) days after service of the final administrative decision (or forty (40) days if the decision is served by mail).

4.3 ☐ The Decision was served personally; the 35-day deadline applies.
☐ The Decision was served by mail; the 40-day deadline applies.

4.4 This Complaint is filed on [__/__/____], which is within the applicable statutory period.

V. EXHAUSTION OF ADMINISTRATIVE REMEDIES

5.1 Petitioner participated fully in the underlying administrative proceeding, including:

☐ Filing a response to the Agency's notice or complaint
☐ Participating in a hearing before the Office of Administrative Hearings ("OAH") pursuant to A.R.S. § 41-1092 et seq.
☐ Attending the evidentiary hearing on [__/__/____] before ALJ [________________________________]
☐ Filing post-hearing briefs/objections
☐ Raising all legal arguments and objections now asserted
☐ Other: [________________________________]

5.2 The Agency issued its final Decision on [__/__/____].

5.3 ☐ Petitioner filed a motion for rehearing/review pursuant to A.R.S. § 41-1092.09, which was [granted/denied] on [__/__/____].
☐ No motion for rehearing was filed, which is not required for judicial review.

5.4 All administrative remedies have been exhausted, and the Decision is ripe for judicial review.

VI. STATEMENT OF THE CASE

A. Background

6.1 [________________________________] (describe the nature of the regulatory matter and the Agency's authority)

6.2 On [__/__/____], the Agency [commenced proceedings / issued notice / denied application]: [________________________________]

B. Administrative Proceedings

6.3 The matter was referred to the Office of Administrative Hearings under A.R.S. § 41-1092.03.

6.4 On [__/__/____], ALJ [________________________________] conducted an evidentiary hearing.

6.5 Key evidence presented included:

• [________________________________]
• [________________________________]
• [________________________________]

6.6 On [__/__/____], the ALJ issued a recommended decision finding: [________________________________]

C. The Final Decision

6.7 On [__/__/____], the Agency:

☐ Adopted the ALJ's recommended decision
☐ Modified the ALJ's recommended decision
☐ Rejected the ALJ's recommended decision (under A.R.S. § 41-1092.08, the Agency may reject or modify if it explains the reasons and the decision is supported by the record)

6.8 The Decision imposed: [________________________________]

D. Prejudice to Petitioner

6.9 The Decision adversely affects Petitioner:

• [________________________________]
• [________________________________]
• [________________________________]

VII. STANDARD OF REVIEW

7.1 Under A.R.S. § 12-910(E), the court shall affirm the agency action unless the court concludes that the action is:

1. ☐ In violation of constitutional provisions;
2. ☐ In excess of the statutory authority or jurisdiction of the agency;
3. ☐ Made upon unlawful procedure;
4. ☐ Affected by other error of law;
5. ☐ Not supported by substantial evidence;
6. ☐ Arbitrary, capricious, or an abuse of discretion.

7.2 No Deference to Agency Legal Interpretations. Pursuant to the 2018 amendment to A.R.S. § 12-910(E), the court shall not defer to the agency's interpretation of a statute or rule based on the agency's expertise, technical competence, or specialized knowledge. The court determines all questions of law, including the interpretation of a constitutional or statutory provision or a rule adopted by an agency, without deference to any previous determination that may have been made on the question by the agency.

7.3 Substantial Evidence Standard. Factual findings are reviewed to determine whether a reasonable person could accept the evidence as adequate to support the conclusion. The court reviews the entire record, not merely the evidence supporting the agency's decision.

7.4 De Novo Questions of Law. Questions of law, including statutory and regulatory interpretation, are reviewed de novo without deference to the agency.

VIII. CLAIMS FOR RELIEF

FIRST CAUSE OF ACTION: Agency Action in Excess of Statutory Authority (A.R.S. § 12-910(E)(2))

8.1 The Agency exceeded its statutory authority because: [________________________________]

SECOND CAUSE OF ACTION: Agency Action Not Supported by Substantial Evidence (A.R.S. § 12-910(E)(5))

8.2 The Agency's factual findings are not supported by substantial evidence because: [________________________________]

THIRD CAUSE OF ACTION: Agency Action Contrary to Law (A.R.S. § 12-910(E)(4))

8.3 The Decision is affected by error of law because: [________________________________]

FOURTH CAUSE OF ACTION: Arbitrary and Capricious Action (A.R.S. § 12-910(E)(6))

8.4 The Decision is arbitrary, capricious, or an abuse of discretion because: [________________________________]

FIFTH CAUSE OF ACTION: Unlawful Procedure (A.R.S. § 12-910(E)(3))

8.5 The Agency failed to follow required procedures: [________________________________]

SIXTH CAUSE OF ACTION: Constitutional Violation (A.R.S. § 12-910(E)(1))

8.6 The Decision violates the following constitutional provisions: [________________________________]

SEVENTH CAUSE OF ACTION: Declaratory Relief

8.7 Petitioner seeks a judicial declaration that the Decision is void and unenforceable.

IX. REQUEST FOR STAY OF AGENCY ACTION

9.1 Pursuant to A.R.S. § 12-910.01, Petitioner requests that this Court stay enforcement of the Decision pending resolution of this appeal.

9.2 Grounds for stay:

☐ Petitioner is likely to prevail on the merits
☐ Petitioner will suffer irreparable harm absent a stay
☐ The stay will not substantially harm other parties or the public interest
☐ The public interest favors a stay

9.3 Specific harm if Decision is enforced: [________________________________]

X. REQUEST FOR EVIDENTIARY HEARING

10.1 Pursuant to A.R.S. § 12-910(A), Petitioner requests an evidentiary hearing, including testimony and argument, to the extent necessary for the Court to make the determinations required by subsection (E).

☐ Petitioner requests an evidentiary hearing because: [________________________________]
☐ Petitioner does not request an evidentiary hearing at this time but reserves the right to request one.

Note: Under A.R.S. § 12-910(A), the court must hold an evidentiary hearing if requested by a party within 30 days after filing the notice of appeal.

XI. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully prays that this Court:

A. Reverse the Agency's Decision;

B. In the alternative, modify the Decision;

C. In the alternative, vacate and remand the case to the Agency with instructions;

D. Grant a stay of enforcement pending appeal pursuant to A.R.S. § 12-910.01;

E. Issue a declaratory judgment that the Decision is null and void;

F. Award Petitioner attorney fees and costs pursuant to A.R.S. § 12-348 (attorney fees against the State for actions that are not substantially justified);

G. Grant such other and further relief as this Court deems just and proper.

XII. VERIFICATION

I, [________________________________], am the [________________________________] of Petitioner. I have read the foregoing Complaint for Judicial Review. The matters stated therein are true to the best of my knowledge, information, and belief. I declare under penalty of perjury under the laws of the State of Arizona that the foregoing is true and correct.

Executed on [__/__/____], at [________________________________], Arizona.

___________________________________
[________________________________]
[Title]

XIII. SIGNATURE BLOCK

Respectfully submitted,

[________________________________]
Attorneys for Petitioner

By: ___________________________________

[________________________________], Esq.
Arizona State Bar No. [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

Dated: [__/__/____]

XIV. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of this Complaint for Judicial Review was served on:

Respondent Agency:
[________________________________]
Method: ☐ Personal Service ☐ Certified Mail ☐ Authorized Electronic Service

Attorney General of Arizona:
Office of the Attorney General
2005 N. Central Avenue
Phoenix, AZ 85004
Method: ☐ Personal Service ☐ Certified Mail

___________________________________
[Attorney Name]

SOURCES AND REFERENCES

1. Arizona Administrative Review Act, A.R.S. § 12-901 et seq.
2. A.R.S. § 12-902 - Superior Court jurisdiction
3. A.R.S. § 12-904(A) - Filing deadline (35 days; 40 days if served by mail)
4. A.R.S. § 12-910 - Scope of review (6 grounds for reversal; no agency deference per 2018 amendment)
5. A.R.S. § 12-910(A) - Right to evidentiary hearing (request within 30 days)
6. A.R.S. § 12-910.01 - Stay of agency action pending appeal
7. A.R.S. § 12-348 - Attorney fees against the State
8. A.R.S. § 41-1001 et seq. - Arizona Administrative Procedure Act
9. A.R.S. § 41-1092 et seq. - Office of Administrative Hearings (OAH)
10. A.R.S. § 41-1092.08 - Agency review of ALJ recommendation
11. A.R.S. § 41-1092.09 - Rehearing or review of decision

This template is designed for use in the State of Arizona under the Administrative Review Act, A.R.S. § 12-901 et seq. The 35-day filing deadline is jurisdictional and strictly enforced. This template should be customized and reviewed by a qualified Arizona attorney before filing. Laws and regulations may change; verify all citations before use.