The Regulatory Bill of Rights – Brochure A

Brochure A

The Regulatory Bill of Rights

Applied in Mohave County

New Statutory language applicable to all Arizona Counties, ARS §48-3641, §48-3642, §48-3643 (see Brochure B), §48-3644, §48-3645 (see Brochure C), §48-3646, §48-3647, §48-3648, §48-3649 & §48-3650 (see Brochure C) as adopted under the auspices of SB 1598, 50th Legislature, 1st Regular Session.

Web link to Arizona Revised Statutes: http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=48

Definitions (§48-3641)

In this article, unless the context otherwise requires:

1. "District" means a District organized pursuant to Article 1 of this Chapter.
2. “Emergency” means a situation that creates an immediate threat to the health of safety of a person or property caused by flood, earthquake, hurricane, tornado, explosion, fire or other catastrophe.
3. "License" includes the whole or part of any District permit, certificate, approval, registration, charter or similar form of permission required by law.
4. "Licensing" includes the District process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal or amendment of a license.
5. "Person" means an individual, partnership, corporation, association, governmental subdivision or unit of a governmental subdivision, or a public or private organization of any character.
6. "Substantive policy statement" means a written expression that is only advisory and that informs the general public of a District's current approach to, or opinion of, the requirements of the ordinances or regulations, including, where appropriate, the District's current practice, procedure or method of action based on that approach or opinion. A substantive policy statement does not include internal procedural documents that only affect the internal procedures of the District and do not impose additional requirements or penalties on regulated parties or confidential information.
7. "Working day" means a twenty-four hour period excluding weekends and legal holidays.

Regulatory Bill of Rights (§48-3642)

To ensure fair and open regulation by Districts, you, the applicant, have the following rights:

1. You are eligible for reimbursement of fees and other expenses if you prevail by adjudication on the merits against the District in a court proceeding regarding a District decision per Section 12-348.*
2. You are entitled to receive information and notice regarding inspections (Sect 48-3643).
3. You are entitled to have a District not base a licensing decision in whole or in part on licensing conditions or requirements that are not specifically authorized (Sect 48-3644).
4. You may have the District approve or deny your license application within a predetermined period of time (Sect 48-3645.)
5. You are entitled to receive written or electronic notice from the District on denial of a license application that must (a) justify the denial with references to the statute, ordinance, regulation, delegation agreement or authorized substantive policy statements on which the denial is based, and (b) that explains the applicant's right to appeal the denial (Sect 48-3645).
6. You are entitled to receive information regarding the license application process at the time you obtain an application for a license (Sect 48-3646).
7. You may inspect all ordinances, regulations and substantive policy statements of the District, including a directory of documents, at the office of the Flood Control District or on the District's website (Sect 48-3647).
8. Unless specifically authorized, you may expect the District to avoid duplication of other laws that do not enhance regulatory clarity and to avoid dual permitting to the maximum extent practicable (Sect 48-3644).
9. You may file a complaint with the Board of Supervisors concerning an ordinance, regulation or substantive policy statement that fails to comply with these sections.

Prohibited Acts by the District (§48-3644)

The District shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule, regulation, ordinance, executive order or delegation agreement. Unless specifically authorized, the District shall avoid duplication of other laws or executive orders that do not enhance regulatory clarity and shall avoid dual permitting to the maximum extent practicable. This section does not prohibit the District flexibility to issue licenses or adopt ordinances or codes

License Application Process (§48-3646)

The District shall provide the following information to you when obtaining an application for a license:

1. A list of all of the steps the applicant is required to take in order to obtain the license.
2. The applicable licensing time frames.
3. The name and telephone number of a District contact person who can answer questions or provide assistance throughout the application process.
4. The website address and any other information, if applicable, to allow you to use electronic communication with the District.
5. Notice that you may receive a clarification from the District of its interpretation or application of a statute, ordinance, regulation, executive agreement, delegation agreement or authorized substantive policy statement as provided in Sect. 48-3649.

Directory of Documents (§48-3647)

The District shall publish, or prominently place on the District website, at least annually a directory summarizing the subject matter of all currently applicable ordinances, regulations and substantive policy statements. These shall be kept in one location and shall be open to public inspection at the office of the Flood Control District or the District website.

Complaints; Board review (§48-3648)

The Board of Supervisors shall receive complaints concerning ordinances, regulations, substantive policy statements or District practices alleged to violate this article and may review those alleged to violate this article and may hold hearings regarding the allegations and may also recommend actions to alleviate the aspects of the ordinances, regulations, substantive policy statements or District practices alleged to violate this article.

Clarification of Interpretation (§48-3649)

A. You may request the District to clarify its interpretation or application of a statute, ordinance, regulation, delegation agreement or authorized substantive policy statement affecting the procurement of a license by providing the District with a written request that states:

1. The name and address of the person requesting the clarification.
2. The statute, ordinance, regulation, delegation agreement or authorized substantive policy statement or part of the statute, ordinance, regulation, delegation agreement or authorized substantive policy statement that requires clarification.
3. Any facts relevant to the requested ruling.
4. The person's proposed interpretation of the applicable statute, ordinance, regulation, delegation agreement or authorized substantive policy statement or part of the statute, ordinance, regulation, delegation agreement or authorized substantive policy statement that requires clarification.
5. Whether, to the best knowledge of the person, the issues or related issues are being considered by the District in connection with an existing license or license application.

B. On receipt of a request that complies with Subsection A, the District may meet with you to discuss the written request and shall respond within thirty days of the receipt of the written request with a written explanation of its interpretation or application as raised in the written request. The District shall provide you with an opportunity to meet and discuss the District's written explanation.

C. The District may modify a written explanation provided under Subsection B on written notice to you if required by a change in the law that was applicable at the time the clarification or interpretation was issued, including changes caused by legislation, administrative rules formally adopted by the governing body or a court decision.

*http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=12