Ariz. Rev. Stat. » Title 12
Arizona Revised Statutes

Ariz. Rev. Stat. § 12-908 (2026)

Parties

✓ current as of May 2026
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A. In an action to review a final decision of an administrative agency, the agency and all persons, other than the appellant, who are parties of record in the proceedings may appear in the proceedings before the superior court as appellees.

B. If the administrative hearing is held before the office of administrative hearings, the office of administrative hearings is not a party of record in the proceedings and is not to be named as a party in the notice of appeal or to appear as a party in the appellate proceedings before the court unless otherwise required by law or order of the court. For the purposes of this section, the office of administrative hearings includes the director of the office of administrative hearings and the administrative law judge.

 

Notes of Decisions
Cited in 18 cases, 1966–2019 · leading case: Marlar v. State, 666 P.2d 504 (Ariz. Ct. App. 1983).
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Marlar v. State, 666 P.2d 504 (Ariz. Ct. App. 1983). · cites it 4× “We disagree; in an action filed under the Administrative Review Act the plaintiff need name as defendants only the “agency and all persons, other than the plaintiff, who are parties of record in the [administrative] proceedings .”
Burrows v. Taylor, 630 P.2d 35 (Ariz. Ct. App. 1981). · cites it 6× “The appellee contends that based upon A.R.S. § 12-908 which requires the Registrar’s presence before the superior court the Registrar is an indispensable party before that tribunal and hence must be a necessary party on appeal.”
Lewis v. Arizona State Pers. Bd., 379 P.3d 227 (Ariz. Ct. App. 2016). · cites it 4× “In 2013, the Legislature amended A.R.S. § 12-908: instead of the agency and all parties of record “shall be made defendants,” the amendment provided that the agency and all parties of record “may appear in the proceedings before the superior court as appellees.”
Mission Hardwood Co. v. Registrar of Contractors, 716 P.2d 73 (Ariz. Ct. App. 1986). · cites it 4× “The Registrar is a party to a license suspension or revocation proceeding because, although a private complainant may prompt the Registrar's initial investigation, the Registrar chooses whether and to what extent to pursue its administrative proceeding, pursuant to A.”
Cactus Wren Partners v. Arizona Dep't of Bldg. & Fire Saf., 869 P.2d 1212 (Ariz. Ct. App. 1993). · cites it 2× “A.R.S. § 12-908; see Burrows v. Taylor, 129 Ariz.”
MVC Constr., Inc. v. Treadway, 898 P.2d 993 (Ariz. Ct. App. 1995). · cites it 3× “A.R.S. § 12-908. Thus, MVC had to name the Registrar as a defendant in MVC’s action for review of the Registrar’s decision and order.”
Int'l Bhd. of Elec. Workers, Local Union 640 v. Kayetan, 581 P.2d 1158 (Ariz. Ct. App. 1978). · cites it 2× “A.R.S. § 12-908. However, the role of the agency-defendant in the superior court proceedings may be a passive one.”
Bromley Grp., Ltd. v. Arizona Dep't of Revenue, 826 P.2d 1158 (Ariz. Ct. App. 1991). · cites it 2× “While the court first observed that DWR was an indispensable party in the review action pursuant to A.R.S. § 12-908, the court also observed that the Administrative Review Act contemplated “that the role of the administrative agency as a party defendant may simply be that of…”
Kimball v. Shofstall, 494 P.2d 1357 (Ariz. Ct. App. 1972). · cites it 2× “A.R.S. § 12-908 specifies the persons-who shall be parties in the Superior Court action to review the decision of the State Board.”
Madsen v. Fendler, 626 P.2d 1094 (Ariz. 1981). “B, ‘party affected’ in Section 12-904, and ‘parties of record’ Section 12-908, refer to persons appearing before the administrative agency or given legal notice of the proceedings before the administrative agency which reached the decision sought to be reviewed.”
Roer v. Superior Court, 417 P.2d 559 (Ariz. Ct. App. 1966). · cites it 2× “* * * ” “§ 12-908. Parties In an action to review a final decision of an administrative agency, the agency and all persons, other than the plaintiff, who are parties of record in the proceedings shall be made defendants.”
Arizona State Ret. Bd. v. Gibson, 411 P.2d 47 (Ariz. Ct. App. 1966). · cites it 2× “The matter of parties is covered by Section 12-908 includes those "who are parties of record in the proceedings", these persons being made defendants in the Superior Court.”
Show all 18 citing cases →
— Ariz. Rev. Stat. § 12-908(A) — 2 cases
Lewis v. Arizona State Pers. Bd., 379 P.3d 227 (Ariz. Ct. App. 2016). “In 2013, the Legislature amended A.R.S. § 12-908: instead of the agency and all parties of record “shall be made defendants,” the amendment provided that the agency and all parties of record “may appear in the proceedings before the superior court as appellees.”
Leanna S. v. Dcs (Ariz. Ct. App. 2017).
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