41-1093. Definitions In this article, unless the context otherwise requires: 1. " Health, safety or welfare" : (a) Means the protection of members of the public against harm, fraud or loss, including the preservation of public security, order or health. (b) Does not include the protection of existing businesses or agencies, whether publicly or privately […]
41-1093.01. Occupational regulations; limitations An agency shall limit all occupational regulations to regulations that are demonstrated to be necessary to specifically fulfill a public health, safety or welfare concern.
41-1093.02. Administrative proceedings A. Any individual harmed by an occupational regulation may petition an agency to repeal or modify any occupational regulation within the agency’s jurisdiction. B. Within ninety days after a petition is filed, the agency shall repeal the occupational regulation, modify the occupational regulation to comply with section 41-1093.01, recommend legislative action, if […]
41-1093.03. Enforcement; fees and costs A. Whether or not a petition is filed pursuant to section 41-1093.02, any individual may file an action in a court of general jurisdiction to challenge an occupational regulation. B. To prevail in an action challenging the occupational regulation, the court must find by a preponderance of the evidence that […]
41-1093.04. Occupational license, permit or certificate or other state recognition rights; petition for review of criminal record; annual report A. A person with a criminal record may petition an agency, at any time, including before obtaining any required education or experience, taking any examination or paying any fee, for a determination of whether the person’s […]
41-1093.05. License applicants; notice An agency shall prominently post the following on the agency’s website and print on a license application, a communication denying a license, a cease and desist order or any other communication in which the agency asserts that a person is required to obtain a license: Notice: Pursuant to section 41-1093.01, Arizona […]
41-1093.06. Occupational licenses; drug offense conviction; eligibility; exceptions; definition A. Notwithstanding any other law, an agency may not deny to an otherwise qualified applicant who has been convicted of an offense that involves a violation of title 13, chapter 34 or 34.1 or an offense committed in another jurisdiction that has the same elements as […]
41-1093.07. Private employers; effect of article This article does not: 1. Require a private employer to grant or deny employment to any individual. 2. Impair the right of private employers to establish and enforce eligibility criteria, ethics codes or disciplinary policies.
