ADMINISTRATIVE APPEALS
(ARS § 12-901, et seq.; Rules of Procedure of Judicial Review of Administrative Decisions)
• “Administrative agency” or “agency” means every agency, board, commission, department or officer authorized by law to exercise rule-making powers or to adjudicate contested cases, whether created by constitutional provision or legislative enactment. Administrative agency does not include: an agency in the judicial or legislative departments of the state government, any political subdivision or municipal corporation or any agency of a political subdivision or municipal corporation.
• Exception: ARS § 33-1905. (Slum property; appeal)
Owner of property may file an administrative appeal contesting the designation of the property; the administrative appeal hearing is the final administrative decision. May appeal administrative decision pursuant to title 12, chapter 7, article 6 (Judicial Review of Administrative Decisions).
Arizona Rules of Procedure - Rules of Procedure for Judicial Review of Administrative Decisions Rule 1(c): Unless otherwise ordered, ARCivP Rules 15(b), (c) and (f), 16.1(a)-(c), (f) and (h), 26-40 and 42(f)(1) do not apply. If new or additional evidence or a trial de novo is permitted by the court, the court will set for a scheduling order.
The Rule provides the following briefing schedule (RPJRAD 6)
• Opening brief - within 45 days after service of Certification of the Record on Review.
• Answering brief - within 45 days thereafter.
• Reply brief (optional) - within 20 days thereafter.
LOWER COURT APPEALS
(Rules of Prac. Civil Traffic Cases 29, 32 and 33; Superior Court Rules of Appellate Prac. – Criminal 9.a; Superior Court Rules of Appellate Procedure – Civil, 9(a))
• Appeals from lower courts are decided on the lower court record, transcripts and exhibits from the lower court trial.
• Only cases for which no record exists will be entitled to a new trial.
• After a Notice of Appeal is filed in a lower court, appellant and appellee will have filed their briefs with the lower court or time will have expired prior to transfer of the case to Superior Court. (Refer to the Rules for these requirements.)
• Refer to the above rules for timelines and fee requirements.
