Arizona Revised Statutes

Ariz. Rev. Stat. § 12-909 (2026)

Pleadings and record on review

✓ current as of May 2026

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A. The notice of appeal shall contain a statement of the findings and decision or part of the findings and decision sought to be reviewed.

B. Notwithstanding section 12-904, subsection B, by order of the court or by stipulation of all parties to the action, the record may be shortened or supplemented.

C. If the cause is remanded to the administrative agency and a review thereafter is sought of the administrative decision, the original and supplemental record, or so much thereof as is determined by court order or stipulation of all the parties, shall constitute the record on review.

Notes of Decisions

Cited in 18 cases (3 in the last 5 years), 1966–2026 · leading case: Wallace Imports, Inc. v. Howe, 673 P.2d 961 (Ariz. Ct. App. 1983).

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Wallace Imports, Inc. v. Howe, 673 P.2d 961 (Ariz. Ct. App. 1983). · cites it 8× “, ) by filing its complaint requesting a trial de novo and requesting that the *220 entire record of the Motor Vehicle Division's hearing be transmitted to the court pursuant to A.R.S. § 12-909(B). The record was transmitted and filed with the court on December 14, 1978.”

Smith v. Arizona Citizens Clean Elections Comm'n, 132 P.3d 1187 (Ariz. 2006). · cites it 2× “See A.R.S. § 12-909 (requiring complaint in appeal from an administrative decision to contain a statement of the findings and decision sought to be reviewed).”

Schmitz v. Arizona State Bd. of Dental Examiners, 684 P.2d 918 (Ariz. Ct. App. 1984). · cites it 4× “We find no merit in the board’s additional contention that Schmitz’s complaint failed to comply with the requirements of A.R.S. § 12-909(A) requiring a clear specification of the grounds upon which review is sought.”

Petras v. Arizona State Liquor Bd., 631 P.2d 1107 (Ariz. Ct. App. 1981). · cites it 2× “§ 4 — 211 now provides: Decisions of the board shall be subject to judicial review pursuant to title 12, chapter 7, article 6 [A.R.S. § 12-909 et seq., the Administrative Review Act].”

MVC Constr., Inc. v. Treadway, 898 P.2d 993 (Ariz. Ct. App. 1995). · cites it 4× “section 12-909(B), the Registrar must “file an answer which shall contain the original or a certified copy of the portion of the record designated in the complaint.”

Mission Hardwood Co. v. Registrar of Contractors, 716 P.2d 73 (Ariz. Ct. App. 1986). · cites it 2× “2d at 1160 (the role of an agency on appeal may be passive if it merely files an answer containing the record, pursuant to A.R.S. § 12-909(B)). In Cortaro Water Users' Ass'n.”

State Ex Rel. Ariz. St. Bd. of P. & P. v. Superior Court of Maricopa Cnty., 467 P.2d 917 (Ariz. Ct. App. 1970). · cites it 2× “Pursuant to A.R.S. § 12-909, subsec. A her complaint demanded '“the filing [with the Superior Court] of the entire transcript of the above referred to proceedings [before the Board], and any other testimony, evidence or information bearing upon their findings and deci•sion.”

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. § 12-909(B) provides in part: “. .”

United Farm Workers v. Arizona Agric. Emp. Relations Bd., 716 P.2d 439 (Ariz. Ct. App. 1986). · cites it 4× “Appellant raises four issues on appeal: (1) the superior court erred in refusing to supplement the record on appeal with a complete administrative record, as required by A.R.S. § 12-909(A); (2) the AERB abused its discretion in dismissing the “contract bar” objection on…”

Simms v. Simms, 567 P.3d 92 (Ariz. Ct. App. 2025). · cites it 2× “” See A.R.S. §§ 12-909(A), 12-910(F). Reviewing courts should independently resolve those fact questions based on the administrative record.”

Arizona State Ret. Bd. v. Gibson, 411 P.2d 47 (Ariz. Ct. App. 1966). · cites it 4× “Section 12-909 outlines the complaint, the answer and their requirements.”

Cortaro Water Users' Ass'n v. Steiner, 714 P.2d 807 (Ariz. 1986). · cites it 4× “A.R.S. § 12-909. Tucson’s complaint was dismissed with prejudice at Tucson’s request.”

Show all 18 citing cases →

— Ariz. Rev. Stat. § 12-909(A) — 6 cases

Schmitz v. Arizona State Bd. of Dental Examiners, 684 P.2d 918 (Ariz. Ct. App. 1984). “We find no merit in the board’s additional contention that Schmitz’s complaint failed to comply with the requirements of A.R.S. § 12-909(A) requiring a clear specification of the grounds upon which review is sought.”

United Farm Workers v. Arizona Agric. Emp. Relations Bd., 716 P.2d 439 (Ariz. Ct. App. 1986). “Appellant raises four issues on appeal: (1) the superior court erred in refusing to supplement the record on appeal with a complete administrative record, as required by A.R.S. § 12-909(A); (2) the AERB abused its discretion in dismissing the “contract bar” objection on…”

Simms v. Simms, 567 P.3d 92 (Ariz. Ct. App. 2025). “” See A.R.S. §§ 12-909(A), 12-910(F). Reviewing courts should independently resolve those fact questions based on the administrative record.”

Shea v. Maricopa (Ariz. Ct. App. 2022).

Simms v. Arizona Racing Comm'n (Ariz. 2026).

— Ariz. Rev. Stat. § 12-909(B) — 7 cases

Wallace Imports, Inc. v. Howe, 673 P.2d 961 (Ariz. Ct. App. 1983). “, ) by filing its complaint requesting a trial de novo and requesting that the *220 entire record of the Motor Vehicle Division's hearing be transmitted to the court pursuant to A.R.S. § 12-909(B). The record was transmitted and filed with the court on December 14, 1978.”

MVC Constr., Inc. v. Treadway, 898 P.2d 993 (Ariz. Ct. App. 1995). “section 12-909(B), the Registrar must “file an answer which shall contain the original or a certified copy of the portion of the record designated in the complaint.”

Mission Hardwood Co. v. Registrar of Contractors, 716 P.2d 73 (Ariz. Ct. App. 1986). “2d at 1160 (the role of an agency on appeal may be passive if it merely files an answer containing the record, pursuant to A.R.S. § 12-909(B)). In Cortaro Water Users' Ass'n.”

Int'l Bhd. of Elec. Workers, Local Union 640 v. Kayetan, 581 P.2d 1158 (Ariz. Ct. App. 1978). “A.R.S. § 12-909(B) provides in part: “. .”

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