Home Table of Contents

Rule 4. Administrative Appeal; Content and Timing

Arizona Revised Statutes AnnotatedRules of Procedure for Judicial Review of Administrative Decisions

Arizona Revised Statutes Annotated
Rules of Procedure for Judicial Review of Administrative Decisions (Refs & Annos)
17C A.R.S. J. Review Admin. Dec., Rule 4
Rule 4. Administrative Appeal; Content and Timing
(a) Filing a Notice of Appeal. A party to a final administrative decision may take an appeal by filing a “Notice of Appeal for Judicial Review of Administrative Decision” with the clerk of the superior court as permitted by A.R.S. §§ 12-904 to -905. Form 1 is a template for the notice of appeal.
(b) Time for Filing a Notice of Appeal. A party must file a notice of appeal with the clerk of the superior court no later than 35 days from the date when a copy of the final administrative decision from which the party is appealing is served upon the party affected, unless the law provides a different time.
(c) Content of the Notice of Appeal. The notice of appeal must:
1. Include the caption of the case and the administrative agency case number;
2. Identify the party or parties filing the appeal;
3. Designate the final administrative decision from which the party is appealing, including the date of that decision;
4. State the findings and decision or part of the findings and decision sought to be reviewed;
5. State the issues presented for review.
6. Request a trial de novo, if desired, the grant of which is subject to A.R.S. § 12-910, and
7. Be signed by the attorney for the party that is taking the appeal, or by the party if the party has no attorney.
(d) Where To File a Notice of Appeal. The venue specified in the statute authorizing the appeal of the decision controls the venue for an appeal from a final administrative decision. If the venue is not specified, an appeal from a final administrative decision may be filed with the clerk of the superior court of any county in which any of the following conditions arise:
1. Where any part of the hearing or proceeding resulting in the decision of the administrative agency was held;
2. Where any part of the subject matter involved is situated; or
3. Where any part of the transaction giving rise to the proceedings before the administrative agency occurred.
(e) Service of the Notice of Appeal. A party must serve the Notice of Appeal pursuant to Rule 4, Ariz. R. Civ. P.
(f) Proof of Notice of the Commencement of the Appeal. Within 10 days after the party files the notice required by A.R.S. § 12-904(B), the party must file proof of the filing of that notice with the clerk of the superior court. Form 6 is a template of the notice of action.

Credits

Added Sept. 30, 1993, effective Dec. 1, 1993. Amended on an emergency basis Aug. 30, 2012, effective July 1, 2013, amendment adopted on a permanent basis Dec. 10, 2012; Aug. 31, 2017, effective Jan. 1, 2018.
17C A. R. S. J. Review Admin. Dec., Rule 4, AZ ST J REVIEW ADMIN DEC Rule 4
Current with amendments received through 08/15/19
End of Document© 2019 Thomson Reuters. No claim to original U.S. Government Works.