A. Except as provided in subsection D of this section, an agency shall serve notice of an appealable agency action or contested case pursuant to section 41-1092.04. The notice shall:
1. Identify the statute or rule that is alleged to have been violated or on which the action is based.
2. Identify with reasonable particularity the nature of any alleged violation, including, if applicable, the conduct or activity constituting the violation.
3. Include a description of the party's right to request a hearing on the appealable agency action or contested case.
4. Include a description of the party's right to request an informal settlement conference pursuant to section 41-1092.06.
B. A party may obtain a hearing on an appealable agency action or contested case by filing a notice of appeal or request for a hearing with the agency within thirty days after receiving the notice prescribed in subsection A of this section. The notice of appeal or request for a hearing may be filed by a party whose legal rights, duties or privileges were determined by the appealable agency action or contested case. A notice of appeal or request for a hearing also may be filed by a party who will be adversely affected by the appealable agency action or contested case and who exercised any right provided by law to comment on the action being appealed or contested, provided that the grounds for the notice of appeal or request for a hearing are limited to issues raised in that party's comments. The notice of appeal or request for a hearing shall identify the party, the party's address, the agency and the action being appealed or contested and shall contain at least the following:
1. A concise statement of the reasons for the appeal or request for a hearing.
2. Detailed and complete information regarding all questions of law, if applicable, that are the basis for the appeal.
3. All relevant supporting documentation.
4. How the party is an adversely affected party, if applicable.
C. The agency shall notify the office of the appeal or request for a hearing and the office shall schedule an appeal or contested case hearing pursuant to section 41-1092.05, except as provided in section 41-1092.01, subsection F.
D. If good cause is shown an agency head may accept an appeal or request for a hearing that is not filed in a timely manner.
E. This section does not apply to a contested case if the agency:
1. Initiates the contested case hearing pursuant to law other than this chapter and not in response to a request by another party.
2. Is not required by law, other than this chapter, to provide an opportunity for an administrative hearing before taking action that determines the legal rights, duties or privileges of an applicant for a license.
Notes of Decisions
Best Choice Fund, LLC v. Low & Childers, P.C., 269 P.3d 678 (Ariz. Ct. App. 2012).
· cites it 4× “See A.R.S. § 41-1092.03(B) (Supp.2010) (authorizing appeal of agency action within 30 days of receipt of notice of agency action).”
Curtis v. Richardson, 131 P.3d 480 (Ariz. Ct. App. 2006).
· cites it 2× “” A.R.S. § 41-1092.03(B) (2004). The agency “shall prepare and serve a notice of hearing on all parties to the appeal,” and the notice shall include “[a] statement of the time, place and nature of the hearing.”
Stapert v. Arizona Bd. of Psychologist Examiners, 108 P.3d 956 (Ariz. Ct. App. 2005).
· cites it 2× “In AR.S. § 41-1092.03(C) (Supp.2004), the Legislature included a provision allowing an agency to accept an appeal or request for hearing that is not filed in a timely manner when good cause is shown.”
Johnson v. Arizona Registrar of Contractors, 396 P.3d 645 (Ariz. Ct. App. 2017).
· cites it 2× “Johnson also points out a party may obtain a hearing on an “appealable agency action or contested case” by filing a notice of appeal or request for a hearing with the agency, A.”
Simms v. Simms, 567 P.3d 92 (Ariz. Ct. App. 2025).
· cites it 2× “A.R.S. §§ 41-1092.03(B); § 41-1092(4). Although the ALJ’s recommendation is created during the administrative review process and becomes part of the record, it is not “the agency action” courts review.”
Starr v. Az Bof (Ariz. Ct. App. 2021).
· cites it 20× “A.R.S. §§ 41-1092.03 to -1092.08. ¶37 The Uniform Procedures apply to the Department’s classification of offenses under A.”
Paloma v. Srvwua (Ariz. Ct. App. 2018).
· cites it 19× “¶6 On October 1, 2014, the Director issued his final decision ("Director's Decision"), finding that the LG Water Users were not adversely affected and could not bring an appeal pursuant to A.R.S. § 41-1092.03(B) because they failed to establish that the permits would conflict…”
Opuroku v. Azbn (Ariz. Ct. App. 2020).
· cites it 2× “See A.R.S. §§ 41-1092.03(A) and -1092.05(D). Although filed documents are expected to be signed, see A.”
Marsh v. Atkins, 536 P.3d 811 (Ariz. Ct. App. 2023).
· cites it 2× “See A.R.S. § 41-1092.03(B). On or about March 1, 2021, the parties entered settlement discussions during which the ASLD determined that its reasons for denying the applications were insufficient.”
— Ariz. Rev. Stat. § 41-1092.03(A) — 2 cases
Starr v. Az Bof (Ariz. Ct. App. 2021).
“A.R.S. §§ 41-1092.03 to -1092.08. ¶37 The Uniform Procedures apply to the Department’s classification of offenses under A.”
Opuroku v. Azbn (Ariz. Ct. App. 2020).
“See A.R.S. §§ 41-1092.03(A) and -1092.05(D). Although filed documents are expected to be signed, see A.”
— Ariz. Rev. Stat. § 41-1092.03(A)(1) — 1 case
Starr v. Az Bof (Ariz. Ct. App. 2021).
“A.R.S. §§ 41-1092.03 to -1092.08. ¶37 The Uniform Procedures apply to the Department’s classification of offenses under A.”
— Ariz. Rev. Stat. § 41-1092.03(A)(3) — 1 case
Starr v. Az Bof (Ariz. Ct. App. 2021).
“A.R.S. §§ 41-1092.03 to -1092.08. ¶37 The Uniform Procedures apply to the Department’s classification of offenses under A.”
— Ariz. Rev. Stat. § 41-1092.03(B) — 7 cases
Curtis v. Richardson, 131 P.3d 480 (Ariz. Ct. App. 2006).
“” A.R.S. § 41-1092.03(B) (2004). The agency “shall prepare and serve a notice of hearing on all parties to the appeal,” and the notice shall include “[a] statement of the time, place and nature of the hearing.”
Johnson v. Arizona Registrar of Contractors, 396 P.3d 645 (Ariz. Ct. App. 2017).
“Johnson also points out a party may obtain a hearing on an “appealable agency action or contested case” by filing a notice of appeal or request for a hearing with the agency, A.”
Simms v. Simms, 567 P.3d 92 (Ariz. Ct. App. 2025).
“A.R.S. §§ 41-1092.03(B); § 41-1092(4). Although the ALJ’s recommendation is created during the administrative review process and becomes part of the record, it is not “the agency action” courts review.”
Paloma v. Srvwua (Ariz. Ct. App. 2018).
“¶6 On October 1, 2014, the Director issued his final decision ("Director's Decision"), finding that the LG Water Users were not adversely affected and could not bring an appeal pursuant to A.R.S. § 41-1092.03(B) because they failed to establish that the permits would conflict…”
— Ariz. Rev. Stat. § 41-1092.03(C) — 1 case
Stapert v. Arizona Bd. of Psychologist Examiners, 108 P.3d 956 (Ariz. Ct. App. 2005).
“In AR.S. § 41-1092.03(C) (Supp.2004), the Legislature included a provision allowing an agency to accept an appeal or request for hearing that is not filed in a timely manner when good cause is shown.”
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