Rule 5. Record on Appeal
Arizona Revised Statutes AnnotatedRules of Procedure for Judicial Review of Administrative DecisionsEffective: January 1, 2022
Effective: January 1, 2022
17C A.R.S. J. Review Admin. Dec., Rule 5
Rule 5. Record on Appeal
(a) Composition of Record on Appeal and Transmission of Record on Appeal. In filing the record on appeal pursuant to A.R.S. § 12-909(B), the administrative agency must file with the record a document entitled “Certification of Record on Appeal” signed by the head of the agency or other person authorized by law. This certification must include an index of all materials contained in the record on appeal and must include certification that the materials included in the record on appeal are originals or accurate copies. Form 7 is a template of the certification of record on appeal.
(b) Confidential Treatment of the Administrative Record. All portions of the administrative record designated as confidential in proceedings before the agency retain that status unless otherwise ordered by the court. A party may request confidential treatment of any other portion of the record or to unseal any part of the record designated confidential.
(d) Preparation and Certification of Transcript. The transcript of the administrative hearing, or designated portions thereof, must be included in the record on appeal if requested by appellant in the notice of appeal or in writing filed by any other party within 10 days after that party is served with a notice of appeal.
1. A party requesting a transcript not already contained in the administrative record of a hearing stenographically reported by a certified reporter must make satisfactory arrangements with the certified reporter for payment of the cost of the transcript. That party must file the original transcript with the superior court within 30 days of the request.
2. A party requesting a transcript not already contained in the administrative record of a hearing created by recording must obtain a copy of the recording from the agency that conducted the hearing and cause a written transcript to be prepared at the requesting party's expense. The requesting party must file the transcript with the clerk of the superior court within 30 days of the request.
(e) Correction or Modification of the Record. On stipulation of the parties, if anything material to either party is omitted from or misstated in the record by error or accident, the omission or misstatement may be corrected and a supplemental record may be certified and forwarded. The parties must present all other questions about the form and content of the record to the superior court.
Added Sept. 30, 1993, effective Dec. 1, 1993. Amended Aug. 31, 2017, effective Jan. 1, 2018; amended on an emergency basis, effective Sept. 30, 2021, adopted on a permanent basis effective Jan. 1, 2022.
17C A. R. S. J. Review Admin. Dec., Rule 5, AZ ST J REVIEW ADMIN DEC Rule 5
State Court Rules are current with amendments received through November 15, 2023. The Code of Judicial Administration is current with amendments received through November 1, 2023.
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