PREFILED JAN 13 2020

REFERENCE TITLE: record of proceedings; certified reporter

 

 

 

 

State of Arizona

House of Representatives

Fifty-fourth Legislature

Second Regular Session

2020

 

 

 

HB 2235

 

Introduced by

Representative Allen J

 

 

AN ACT

 

amending sections 8‑233, 8‑323, 12‑143, 12‑221, 12‑223 and 12‑224, Arizona Revised Statutes; repealing section 12‑225, Arizona Revised Statutes; amending sections 12‑302, 13‑3952, 13‑4103, 21‑235, 21‑411, 23‑674, 26‑1028, 26‑1054, 27‑517, 32‑1301, 32‑3632, 32‑4004, 32‑4022, 36‑539, 36‑727, 38‑317, 38‑424, 40‑360.04, 41‑324, 41‑1092.01, 41-1092.07, 48‑704, 48‑1034 and 49‑287.06, Arizona Revised Statutes; relating to certified reporters.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 8-233, Arizona Revised Statutes, is amended to read:

START_STATUTE8-233.  Record of proceeding

The provisions of Title 12, chapter 2, article 3, providing for regarding the appointment of a court certified reporter, shall apply applies at any juvenile court hearing conducted by a judge. END_STATUTE

Sec. 2.  Section 8-323, Arizona Revised Statutes, is amended to read:

START_STATUTE8-323.  Juvenile hearing officer; appointment; term; compensation; hearings; required attendance; contempt

A.  The judge of the juvenile court, or in counties having more than one judge of the juvenile court, the presiding judge of the juvenile court, may appoint one or more persons of suitable experience who may be magistrates or justices of the peace to serve as juvenile hearing officers on a full‑time or part‑time basis.  The county board of supervisors shall approve the appointment of justices of the peace as juvenile hearing officers.  The local governing body shall approve the appointment of municipal judges as juvenile hearing officers.  The juvenile hearing officer serves at the pleasure of the appointing judge. The appointing judge, with the approval of the board of supervisors, shall determine whether any compensation shall be paid to a juvenile hearing officer who is not otherwise employed by a public agency or holding another public office and shall establish the amounts and rates of the compensation.

B.  Subject to the orders of the juvenile court a juvenile hearing officer may hear and determine juvenile pretrial detention hearings and may process, adjudicate and dispose of all cases that are not classified as felonies and in which a juvenile who is under eighteen years of age on the date of the alleged offense is charged with violating any law relating to the following:

1.  Any provision of title 28 not declared to be a felony.

2.  The purchase, possession or consumption of spirituous liquor by a juvenile.

3.  Boating or game and fish.

4.  Curfew.

5.  Truancy.

6.  The damage or disfigurement of property by graffiti or the purchase or possession of materials with the intent to use the materials for graffiti.

7.  The purchase or possession of tobacco.

8.  Any city, town or political subdivision ordinance.

9.  Interference with judicial proceedings involving disobeying or resisting the lawful order, process or other mandate of a juvenile hearing officer or failure to appear related to any offense in this section.

C.  A hearing before the juvenile hearing officer or a hearing before a commissioner or a judge of the juvenile court in which the juvenile is charged with any offense set forth in this section may be conducted on an exact legible copy of a written notice to appear, including a uniform Arizona traffic ticket and complaint form, that states, at a minimum, the name and address of the juvenile, the offense charged and the time and place the juvenile shall appear in court.

D.  The juvenile hearing officer, commissioner or judge of the superior court shall not dispose of a petition or citation for any offense under this section unless the parent, guardian or custodian of the juvenile appears in court with the juvenile at the time of disposition of the charge. On a showing of good cause that the parent, guardian or custodian cannot appear on the date and time set by the court, the court may waive the requirement that the parent, guardian or custodian appear.  The court shall state on the record the reasons for waiving the requirement that the parent, guardian or custodian appear. At the time the court issues an order to appear or other order pursuant to this section, the court shall inform the juvenile that failure to appear or failure to comply with an order will result in suspension of the juvenile's driver license or privilege to drive. If the juvenile fails to appear pursuant to a citation or an order to appear properly issued under this section or if on disposition fails to comply with any court order, the juvenile hearing officer shall order the department of transportation to suspend the juvenile's driver license or privilege to drive or shall direct the department of transportation to refuse to issue, renew or restore the juvenile's driver license or privilege to drive until the juvenile reaches eighteen years of age or appears in court as directed or complies with the court's order.

E.  If a parent, guardian or custodian fails to appear with the juvenile, and good cause for the failure to appear is not found as provided in subsection D of this section, the court shall issue an order to show cause to the parent, guardian or custodian as to why that person shall not be held in contempt.

F.  Except as otherwise provided by law, on an admission by the juvenile of a violation charged pursuant to this section, or after a hearing, on the finding that the juvenile committed the violation, the juvenile hearing officer, commissioner or judge of the superior court may do one or more of the following:

1.  Place the juvenile on probation, except that a city magistrate or justice of the peace may only place the juvenile on unsupervised probation.

2.  Transfer the citation to the juvenile court for all further proceedings.

3.  Suspend the driving privileges of the juvenile, or restrict the juvenile's driving privileges for a period of not to exceed one hundred eighty days.

4.  Order the juvenile to attend a traffic school or a counseling or education program approved by the presiding judge of the juvenile court or the supreme court.

5.  Order the juvenile to pay the monetary assessment or penalty that is applicable to the offense.  Except as provided in section 8‑341, subsection S, the monetary assessment or penalty shall not exceed five hundred dollars $500 plus lawful surcharges and assessments payable to the public agency processing the violation. If no monetary assessment or penalty is specified for the offense, the juvenile hearing officer, commissioner or judge of the superior court may order the juvenile to pay not more than one hundred fifty dollars $150 plus lawful surcharges and assessments payable to the public agency processing the violation.

6.  In lieu of or in addition to a monetary assessment or penalty, order the juvenile to perform a program of work that does not conflict with the juvenile's regular schooling and employment, to repair the victim's property or to provide community restitution.

7.  If the juvenile hearing officer, commissioner or judge of the superior court determines that the person charged is eighteen or more years of age, transfer the matter to the appropriate criminal court having jurisdiction.

8.  If the juvenile violated any truancy laws, require the juvenile and the juvenile's parents or guardians to participate in a specialized program consisting of counseling, supervision and education under the terms and conditions the juvenile hearing officer, commissioner or judge of the superior court orders.

9.  Order the juvenile and one or both of the juvenile's custodial parents to pay restitution to any person who suffered an economic loss as the result of the juvenile's conduct. The juvenile hearing officer, commissioner or judge of the superior court shall not consider the ability of the juvenile's parents to pay restitution before making a restitution order. If the juvenile hearing officer, commissioner or judge of the superior court orders one or both of the juvenile's custodial parents to pay restitution, the amount of the order shall not exceed the liability limit established pursuant to section 12‑661.

10.  Impose sanctions authorized by section 8‑343.

11.  Reprimand the juvenile and take no further action.

G.  A record of the proceedings before a juvenile hearing officer may be made by a court certified reporter, videotape or audiotape or any other method approved by the supreme court that accurately reproduces what occurred at the proceeding.

H.  Within five days after receiving the citation, the juvenile hearing officer shall notify the juvenile court that the juvenile has been charged with an offense by citation and shall indicate the listed charges.  The juvenile hearing officer shall retain jurisdiction of the case until all orders made under this section have been fully complied with. Within five days after disposition, the juvenile hearing officer shall transmit a copy of the citation with the findings and disposition of the court noted on the copy to the juvenile court for record keeping purposes.  If appropriate, the juvenile hearing officer shall transmit a copy of the citation to the department of transportation. If on disposition the juvenile fails to comply with any court order, the juvenile hearing officer, in the manner provided by subsection D of this section, may impose any of the sanctions prescribed in subsection F of this section.

I.  Subject to an appeal pursuant to section 8‑325 all orders of the juvenile hearing officer shall be effective immediately.

J.  A city or town attorney or prosecutor shall act on behalf of the state in matters that are heard in a municipal court by a juvenile hearing officer pursuant to this section. In these matters and on approval of the county attorney, with notice to the presiding judge of the juvenile court, the city or town attorney or the prosecutor may establish diversion programs for offenses other than offenses involving either:

1.  A violation of section 28‑1381, 28‑1382 or 28‑1383.

2.  The purchase, possession or consumption of spirituous liquor or misdemeanor violations under title 13, chapter 34 if the juvenile has previously participated in a diversion program established pursuant to this subsection at least two times within twenty-four months before the date of the commission of the current offense. END_STATUTE

Sec. 3.  Section 12-143, Arizona Revised Statutes, is amended to read:

START_STATUTE12-143.  Payment of salaries and other expenses; providing facilities; judicial employees

A.  The salary of a judge pro tempore shall be paid one‑half by the state and one‑half by the county to which such the judge pro tempore is assigned.

B.  The sessions of the superior court presided over by a judge pro tempore shall be held wherever the county board of supervisors may direct, if approved by the chief justice of the supreme court.  The expense for the court and other required facilities such as attendants, judicial employees, fuel, lights and supplies suitable and sufficient for the transaction of business shall be provided by the county.

C.  Assignment of judicial employees to the court over which a judge pro tempore presides, such as any deputy clerk of the court, certified superior court reporter, bailiff, interpreter and adult probation officer, shall be made by the county. END_STATUTE

Sec. 4.  Heading change

The article heading of title 12, chapter 2, article 3, Arizona Revised Statutes, is changed from "COURT REPORTER" to "CERTIFIED REPORTER".

Sec. 5.  Section 12-221, Arizona Revised Statutes, is amended to read:

START_STATUTE12-221.  Appointment and oath

Each A judge of the superior court shall may appoint a court certified reporter. Before entering upon his on the certified reporter's duties, the court certified reporter shall take and subscribe the official oath to be administered by the a judge of the court. END_STATUTE

Sec. 6.  Section 12-223, Arizona Revised Statutes, is amended to read:

START_STATUTE12-223.  Attendance at and report of proceedings; sale of transcripts

A.  The court certified reporter shall attend court during the hearing of all matters before it unless excused as directed by the judge.  He The certified reporter shall make stenographic notes of all oral proceedings before the court, but unless requested by court or counsel, he the certified reporter need not make stenographic notes of arguments of counsel to a jury, nor of argument of counsel to the court in the absence of a jury.

B.  Upon On payment or tender of the fees therefor for a transcript, he the certified reporter shall furnish to any person a typewritten transcript of all or any part of the proceedings reported by him the certified reporter unless otherwise prohibited by law or order of the court, and upon on request, certify that such the transcript is a correct and complete statement of such the proceedings. END_STATUTE

Sec. 7.  Section 12-224, Arizona Revised Statutes, is amended to read:

START_STATUTE12-224.  Salary; fees for transcripts; free transcripts; office supplies

A.  The salary of the court certified reporter shall be fixed by the presiding judge of the court, with the approval of the board of supervisors of the county, and shall be paid by the county.

B.  The certified reporter shall receive from a party ordering an appeal transcript, two dollars fifty cents $2.50 per page for the original,  and thirty cents $.30 per page for each copy if ordered at the same time and by the same party.

C.  The certified reporter, when requested in advance, shall furnish free of charge to the county attorney or the attorney general a copy of the transcript of testimony when a transcript is made on an appeal in a criminal case,  and to the attorney general when the state is a party.

D.  The certified reporter, when requested, shall furnish at county expense to the county attorney or the attorney general a copy of the transcript of testimony of any proceeding held in the superior court when the state or an instrumentality thereof of the state is ordered to provide such transcripts by a federal court in a habeas corpus proceeding in the federal courts or when ordered by the Arizona supreme court to provide such transcripts in a habeas corpus proceeding in state court.

E.  The county shall furnish the necessary supplies for conduct of the office of certified reporter shall be furnished by the county. END_STATUTE

Sec. 8.  Repeal

Section 12-225, Arizona Revised Statutes, is repealed.

Sec. 9.  Section 12-302, Arizona Revised Statutes, is amended to read:

START_STATUTE12-302.  Extension of time for payment of fees and costs; relief from default for nonpayment; deferral or waiver of court fees and costs; definitions

A.  The court or any judge may for good cause shown extend the time for paying any court fees and costs required by law or may relieve against a default caused by nonpayment of a fee within the time provided by law, but no fees paid shall be refunded.

B.  The supreme court shall adopt forms and procedures for deferral or waiver of court fees and costs.

C.  Except as provided in subsection E of this section, the court shall grant an application for deferral of court fees and costs if the applicant establishes by affidavit, including supporting documentation, that the applicant either:

1.  Is receiving benefits pursuant to one or more of the following programs:

(a)  The temporary assistance for needy families program established by section 403 of title 4 of the social security act as it exists after August 21, 1996.

(b)  The food stamp program (7 United States Code sections 2011 through 2029).

2.  Is receiving benefits pursuant to the supplemental security income program (42 United States Code sections 1381 through 1385).

3.  Has an income that is insufficient or barely sufficient to meet the daily essentials of life and that includes no allotment that could be budgeted for the fees and costs that are required to gain access to the court. In considering insufficient income pursuant to this paragraph, the court may consider the following as evidence of insufficient income:

(a)  The applicant has a gross income that as computed on a monthly basis is one hundred fifty percent or less of the current poverty level established by the United States department of health and human services. Gross monthly income includes the applicant's share of community property income.

(b)  The applicant's income is considered to be sufficient, but the applicant provides proof of extraordinary expenses, including medical expenses, costs of care for elderly family members or family members with disabilities or other expenses that are deemed extraordinary, that reduce the applicant's gross monthly income to at or below one hundred fifty percent of the current poverty level established by the United States department of health and human services.

D.  On proof that the applicant is permanently unable to pay fees or costs, the court shall waive them. For the purposes of this subsection, "permanently unable to pay" means the applicant's income and liquid assets are insufficient or barely sufficient to meet the daily essentials of life and the income and liquid assets are unlikely to change in the foreseeable future.

E.  Except in cases of dissolution of marriage, legal separation, annulment or establishment, enforcement or modification of child support, and notwithstanding subsection A of this section or chapter 9, article 4 of this title, if the applicant is an inmate who is confined to a correctional facility operated by the state department of corrections and who initiates a civil action or proceeding, the inmate is responsible for the full payment of actual court fees and costs.  On filing the civil action or proceeding, the clerk of the court shall assess and, when monies exist, collect as a partial payment of any court fees and costs required by law a first time payment of twenty percent.  Thereafter the state department of corrections shall withhold twenty percent of all deposits into the prisoner's spendable account administered by the department until the actual court fees and costs are collected in full.  The state department of corrections shall annually forward any monies withheld to the clerk of the court of each court of jurisdiction before January 31.  If a prisoner is released before the full fees and costs are collected, the state department of corrections shall forward the amount of fees and costs collected through the date of the prisoner's release.  The clerk of the court of each court of jurisdiction is responsible for sending the state department of corrections a copy of the order mandating the amount of fees and costs to be paid.  This subsection does not prohibit an applicant from filing a civil action or proceeding if the applicant is unable to pay the filing fees.

F.  At the time an applicant signs and submits the application for deferral to the court, the applicant shall acknowledge under oath and sign a consent to judgment.  By signing the consent to judgment, the applicant consents to judgment being entered against the applicant for all fees and costs that are deferred but that remain unpaid after thirty calendar days following the entry of final judgment or order.  A consent judgment may be entered against the applicant unless one of the following applies:

1.  The applicant has an established schedule of payment in effect and is current with payments.

2.  A supplemental application for further deferral or waiver has been filed and is pending.

3.  In response to a supplemental application, the court orders that the fees and costs be further deferred or waived.

4.  Within twenty days of the date the court denies the supplemental application, the applicant either pays the fees or requests a hearing on the court's final order denying further deferral or waiver. If the applicant requests a hearing, the court shall not enter a consent judgment unless a hearing is held, further deferral or waiver is denied and payment has not been made within the time prescribed by the court.

G.  An applicant who is granted a deferral or waiver or a party to the action who knows of any change in the financial circumstances of the applicant shall promptly notify the court of the change in the applicant's financial circumstances during the pendency of the action that affects the applicant's ability to pay court fees and costs.  If within ten days after notice and a hearing the court determines that the applicant's financial circumstances have changed and that the applicant no longer meets the eligibility requirements of this section, the court shall order the applicant to pay the deferred or waived fees and costs.

H.  The following court fees and costs may be deferred or waived, except that the county shall pay the fees and costs in paragraphs 6, and 7 and 8 of this subsection on the granting of an application for deferral or waiver and an applicant who has been granted a deferral shall reimburse the county for the fees and costs in paragraphs 6, and 7 and 8 of this subsection:

1.  Filing fees.

2.  Fees for issuance of issuing either a summons or subpoena.

3.  Fees for obtaining one certified copy of a temporary order in a domestic relations case.

4.  Fees for obtaining one certified copy of a final order, judgment or decree in all civil proceedings.

5.  Sheriff, marshal, constable and law enforcement fees for service of process if any of the following applies:

(a)  The applicant established by affidavit that the applicant has attempted without success to obtain voluntary acceptance of service of process.

(b)  The applicant's attempt to obtain voluntary acceptance of service of process would be futile or dangerous.

(c)  An order of protection or an injunction against harassment in favor of the applicant and against the party sought to be served exists and is enforceable.

6.  The fee for service by publication if service is required by law and if the applicant establishes by affidavit specific facts to show that the applicant has exercised due diligence in attempting to locate the person to be served and has been unable to do so.

7.  Court reporter's Certified reporter fees for the preparation of preparing court transcripts if the court certified reporter is employed by the court.

8.  Authorized transcriber fees for preparing court transcripts if the authorized transcriber is employed by the court.

8.  9.  Appeal preparation and filing fees at all levels of appeal and photocopy fees for the preparation of preparing the record on appeal pursuant to sections 12‑119.01, 12‑120.31 and 12‑2107 and section 12‑284, subsection A.

I.  If the case is appealed, the initial deferral or waiver remains in effect unless there is a change in the applicant's financial circumstances. If a case is appealed an applicant may be required to submit to the appellate court a new application for a deferral or waiver of the court fees and costs.

J.  If a judgment is rendered for court fees and costs, the court fees and costs deferred but unpaid and the expenses paid by the county under this section shall be included in the judgment and shall be paid directly to the clerk of the court by the party against whom the court fees and costs were assessed.

K.  A waiver of court fees or costs shall not be granted for:

1.  Matters that are filed as class actions pursuant to rule 23 of the Arizona rules of civil procedure.

2.  Civil actions other than cases of dissolution of marriage, legal separation, annulment or establishment, enforcement or modification of child support that are filed by persons who at the time of filing the application are incarcerated as a result of a felony conviction in an out‑of‑state correctional facility or in a jail waiting to be transported to a state department of corrections facility.

3.  Civil actions other than cases of dissolution of marriage, legal separation, annulment or establishment, enforcement or modification of child support that are filed by a pro se litigant who has been previously declared a vexatious litigant by any court.

L.  This section does not limit the court's discretion in deferring, waiving or ordering the county to pay any fees and costs as may be necessary and appropriate.

M.  If an applicant who is granted a deferral or waiver is found to be a vexatious litigant by any court during the pendency of the action, the court shall order the applicant to pay the deferred or waived fees and costs.

N.  For the purposes of this section:

1.  "Deferral" means either postponement of an obligation to pay fees or establishment of a schedule for payment of fees.

2.  "Further deferral" means the establishment of a schedule for payment of fees. END_STATUTE

Sec. 10.  Section 13-3952, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3952.  Compensation of certified reporter appearing at preliminary hearing; fees for transcribing notes

When a regularly appointed court certified reporter appears and takes testimony at a preliminary hearing in a criminal proceeding, the certified reporter's compensation shall be fixed by the magistrate before whom the examination is had.  Such The compensation shall not exceed the amount of fifteen dollars $15 per day for each preliminary hearing actually attended upon on such examination,  and two dollars fifty cents $2.50 per page for transcribing his the certified reporter's notes, to be allowed and paid as other county charges.  The certified reporter, when requested, shall furnish at county expense to the county attorney or the attorney general a copy of the transcript of testimony of any proceedings held in the justice court when the state or an instrumentality thereof of this state is ordered to provide such transcripts by a federal court in a habeas corpus proceeding in the federal courts or when ordered by the Arizona supreme court to provide such transcripts in a habeas corpus proceeding in state court. END_STATUTE

Sec. 11.  Section 13-4103, Arizona Revised Statutes, is amended to read:

START_STATUTE13-4103.  Order for examination; notice; proof of service

A.  If the court is satisfied that the examination of the witness is necessary, an order shall be made that the witness be examined conditionally at a specified time and place,  and that a copy of the order be served on the opposite party at least two days before the examination.

B.  The order shall direct that the examination be taken before the clerk of the court, the court certified reporter, a magistrate or a notary public named therein, and in the order. On proof of service upon on the opposite party of a copy of the order, though no counsel appears for the state, the examination shall proceed. END_STATUTE

Sec. 12.  Section 21-235, Arizona Revised Statutes, is amended to read:

START_STATUTE21-235.  Recording, listening to, observing proceedings unlawful; classification

A.  A person who knowingly, by any means whatsoever, records all or part of the proceedings of any grand jury while it is in session or listens to or observes the proceedings of any grand jury of which he the person is not a member while such the grand jury is in session is guilty of a class 2 misdemeanor.

B.  This section does not prohibit:

1.  The prescribed activities of the court, including the court's use of an electronic recording system, the prosecuting officer, a court certified reporter designated by the court,  or an interpreter designated by the court.

2.  The taking of notes by a grand juror in connection with and solely for the purpose of assisting him the grand juror in the performance of his the grand juror's duties as such juror.

3.  The appearance, for the purposes of giving the testimony, of a witness.

4.  The appearance, for the purpose of presenting evidence when permitted allowed pursuant to section 21‑412, of a person being investigated and his the person's counsel. END_STATUTE

Sec. 13.  Section 21-411, Arizona Revised Statutes, is amended to read:

START_STATUTE21-411.  Appointment of reporter; transcript

A.  The presiding judge of the superior court shall or the presiding judge's designee may appoint a regularly appointed court certified reporter to record the proceedings before the grand jury, except the deliberations of the grand jury.  The certified reporter's notes or an electronic recording containing the proceedings from which an indictment is  returned shall be transcribed and filed with the clerk of the superior court not later than twenty days following the return of the indictment, unless the court otherwise orders.  Such The transcript shall be made available to the prosecuting officer and the defendant.  The transcript or electronic recording or a portion of the transcript or electronic recording may be denied to a defendant by the court upon on a showing of extraordinary circumstances by a prosecuting officer.  The certified reporter's notes which are or the electronic recording that is not transcribed as provided in this section shall be filed with secured by the clerk of the superior court and impounded and shall be transcribed only when ordered by the presiding judge of the superior court or the presiding judge's designee.

B.  The reporter and typists person who transcribe transcribes the certified reporter's notes or an electronic recording of grand jury proceedings shall be sworn by the foreman, or acting foreman, clerk of the superior court or presiding judge of the superior court or presiding judge's designee not to disclose any testimony or the name of any witness except to the county attorney or other prosecuting officer or when testifying in court. END_STATUTE

Sec. 14.  Section 23-674, Arizona Revised Statutes, is amended to read:

START_STATUTE23-674.  Procedure in rendering decisions and orders; rights of parties; representation

A.  All interested parties to a hearing before the appeal tribunal or the appeals board shall be given reasonable notice of the hearing and afforded an opportunity for hearing.  The notice shall state the time, place and issues involved but if by reason of the nature of the proceeding the issues cannot be fully stated in advance of the hearing, or if subsequent amendment of the issues is necessary, they shall be fully stated as soon as practicable, and opportunity shall be afforded all parties to present evidence and argument with respect thereto.  If a party's legal or factual basis of contention is substantially changed at the hearing, causing surprise to the opposing party, the hearing shall be rescheduled with timely notice of the nature of the new contention unless a waiver on the record is obtained from the party claiming surprise or the surprise could have been avoided with due diligence.  All hearings shall be recorded.  The appeal tribunal shall secure either a court certified reporter or an electronic means of producing a clear and accurate record of the proceeding at the department's expense. If a party files an application for appeal to the court of appeals pursuant to section 41‑1993 and the hearing has not yet been transcribed, the hearing shall be transcribed at the department's expense. Informal disposition may be made of any case by stipulation, agreed settlement, consent order or default.

B.  In a hearing conducted pursuant to this section, parties may be represented in the following manner:

1.  An individual, either an employee or an employer, may represent himself or may be represented by a duly authorized agent who is not charging a fee for the representation.

2.  An employer, including a corporate employer, may represent itself through an officer or employee.

3.  Any party may be represented by a person who is charging a fee for the representation and who is either a duly authorized agent who was previously or is currently retained by a party for purposes other than representation in an unemployment compensation hearing or an attorney who is authorized to practice law in this state.  An attorney or agent representing a party before an appeal tribunal or the appeals board may charge a fee not in excess of seven hundred fifty dollars $750 but may request the department to approve an additional amount which is reasonable for the services rendered.  This is limited only to an unemployment compensation appeal.

C.  Notwithstanding any other law, representation of a party at a hearing conducted pursuant to this section is not deemed to be the practice of law.

D.  The tribunal and the appeals board may admit and give probative effect to evidence which that possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs.  It shall give effect to the rules of privilege recognized by law.  It may exclude incompetent, irrelevant, immaterial and unduly repetitious evidence.  All evidence, including records and documents in the possession of the department of which it desires to avail itself, shall be offered and made a part of the record in the case, and no other factual information or evidence shall be considered in the determination of the case. Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference.  The tribunal and the appeals board may take notice of judicially cognizable facts and in addition may take notice of general, technical or scientific facts within its specialized knowledge. Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material so noticed, and they shall be afforded an opportunity to contest the facts so noticed.  The tribunal and the appeals board may utilize use their experience, technical competence and specialized knowledge in the evaluation of evaluating the evidence presented to them.  Each party shall have the right of cross‑examination of the witnesses who testify and shall have the right to submit rebuttal evidence.

E.  Every decision and order adverse to a party to the proceedings shall be in writing or stated in the record and shall be accompanied by findings of fact and conclusions of law.  The findings of fact shall consist of a concise statement of the conclusions upon on each contested issue of fact.  Parties to the proceeding shall be notified of the decision and order in person or by mail. END_STATUTE

Sec. 15.  Section 26-1028, Arizona Revised Statutes, is amended to read:

START_STATUTE26-1028.  Detail or employment of reporters and interpreters

Under such rules as the adjutant general prescribes, the convening authority of a court‑martial, military commission or court of inquiry shall detail or employ qualified court certified reporters who shall record the proceedings of and testimony taken before that court or commission.  Under similar rules the convening authority of a court‑martial or court of inquiry may detail or employ interpreters to interpret for the court. END_STATUTE

Sec. 16.  Section 26-1054, Arizona Revised Statutes, is amended to read:

START_STATUTE26-1054.  Record of trial

A.  Each general court‑martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge.  If the record cannot be authenticated by the military judge by reason of his the military judge's death, disability or absence, it shall be authenticated by the signature of the trial counsel or by that of a member if the trial counsel is unable to authenticate it by reason of his the trial counsel's death, disability or absence.  In a court‑martial consisting of only a military judge the record shall be authenticated by the court certified reporter under the same conditions which that would impose such a duty on a member under this subsection.

B.  Each special and summary court‑martial shall keep a separate record of the proceedings in each case, and the record shall be authenticated in the manner required by rule the governor adopts.

C.  A copy of the record of the proceedings of each general and special court‑martial shall be given to the accused as soon as it is authenticated. END_STATUTE

Sec. 17.  Section 27-517, Arizona Revised Statutes, is amended to read:

START_STATUTE27-517.  Hearings; reporter; fees

A.  Any interested person shall, by written request, have the right to have the commissioner call a hearing for the purpose of taking action in respect to any matter within the jurisdiction of the commissioner. Hearings shall be held at the time and place the commissioner directs, and any person having an interest in the subject matter of the hearing may appear and be heard.  Upon On receipt of the request, the commissioner shall promptly call a hearing, and, not more than thirty days thereafter shall take action with regard to the matter as he the commissioner deems appropriate.  The request for hearing shall be accompanied by a $50 fee of fifty dollars.

B.  The commissioner shall prescribe rules of order and procedure in hearings or other proceedings held under this article.  The commissioner shall appoint a competent shorthand reporter to be present throughout all public hearings.  The reporter shall be sworn by the commissioner faithfully to perform the duties of a reporter.  The commissioner shall have the same control and authority over the reporter as the judge of the superior court exercises over a court certified reporter, and the duties of the reporter shall, insofar as applicable, be the same as those fixed by law for a court certified reporter.

C.  As soon as possible following the hearing the commission shall bill the person requesting the hearing for the total cost of publication for the notices of such hearing and the total cost of the court certified reporter's fees less the original fifty dollar $50 fee.  The requesting party shall within ten days after receipt of the billing by the commission reimburse the commission the amount of money so billed or be subject to the penalties as prescribed in subsection A of section 27‑527, subsection A.  The money so collected by the commission shall not be subject to section 27‑523 but shall be deposited, pursuant to sections 35‑146 and 35‑147, by the commission in the fund from which the expenditure was originally made. END_STATUTE

Sec. 18.  Section 32-1301, Arizona Revised Statutes, is amended to read:

START_STATUTE32-1301.  Definitions

In this chapter, unless the context otherwise requires:

1.  "Accredited" means recognized or authorized by the American board of funeral service education.

2.  "Administrative costs and expenses" means the cost of copies, transcripts, court certified reporter and witness fees, reimbursement for mileage and office of administrative hearings costs.

3.  "Alternative container" means any unfinished wood box or other nonmetal receptacle or enclosure, without ornamentation or a fixed interior lining, that is designed for the encasement of human remains.

4.  "Authorizing agent" means a person who is legally entitled to order the cremation, disinterment or embalming of human remains pursuant to section 32‑1365.02.

5.  "Beneficiary" means a person whose future funeral arrangements will be handled by a funeral establishment pursuant to a prearranged funeral agreement.

6.  "Board" means the state board of funeral directors and embalmers.

7.  "Business entity" includes any corporation, association, limited liability company, professional corporation, partnership, limited partnership, sole proprietorship, business trust, trust, joint venture and other business entity.

8.  "Casket" means a rigid container that is designed to permanently encase human remains and that is usually constructed of wood, metal or synthetic substances and ornamented and lined with fabric.

9.  "Change of ownership" means a transfer of a controlling legal or equitable interest in a licensed funeral establishment or crematory resulting from a sale or merger.  If the establishment or crematory is operated by a business entity, any transfer of the ownership of ten percent or more of the entity constitutes a change of ownership.

10.  "Conviction" means a criminal adjudication or conviction by any state or federal court of competent jurisdiction, including a judgment based on a no contest plea, without regard to whether civil rights have been restored.

11.  "Cremated remains" means the remaining bone fragments after cremation.

12.  "Cremation" means the heating process that reduces human remains to bone fragments by combustion and evaporation.

13.  "Cremation container" means a leak and spill resistant, rigid, combustible, closed receptacle into which human remains are placed before cremation.

14.  "Cremationist" means a person who operates a crematory retort, who performs the actual cremation of human remains and who may be licensed pursuant to article 6 of this chapter.

15.  "Crematory" means a building or portion of a building that is licensed pursuant to article 6 of this chapter and that houses a retort in which only human remains are cremated.

16.  "Disciplinary action" means an action taken by the board to revoke or suspend a license or registration, to impose probationary requirements or civil penalties or to issue a letter of censure or reprimand to any person who is subject to this chapter and who violates any provision of this chapter or rules adopted by the board.

17.  "Embalmer" means a person who is licensed pursuant to this chapter and who is engaged in embalming.

18.  "Embalmer's assistant" means a person who is registered pursuant to this chapter and who is engaged in embalming without the supervision of a licensed embalmer.

19.  "Embalming" means the implementation of reconstructive procedures and the process of disinfecting and preserving a dead human body to retard organic decomposition by treating the body to reduce the presence and growth of organisms.

20.  "Financial institution" means a bank, savings and loan association, trust company or credit union that is lawfully doing business in this state and that is not affiliated with a funeral establishment.

21.  "Fixed price prearranged funeral agreement funded by trust" means any agreement or combination of agreements that establishes a fixed price for funeral goods and services, that requires a funeral establishment to provide those funeral goods and services at the price levels in effect at the time of the execution of the agreement and that requires the purchaser to convey all or a portion of the accrued interest to the funeral establishment at the time that the funeral goods and services are actually provided.

22.  "Funded by insurance" means that monies for a prearranged funeral agreement are paid directly to an insurance company licensed pursuant to title 20 on behalf of the beneficiary of the agreement.

23.  "Funeral directing" means arranging, directing or providing a service in the disposition of dead human bodies for compensation.

24.  "Funeral director" means a person who is licensed pursuant to this chapter and who is engaged in funeral directing.

25.  "Funeral establishment" means a business at a specific location that is licensed pursuant to this chapter and that is devoted to the care, storage or preparation for final disposition or transportation of dead human bodies.

26.  "Funeral goods and services" means any personal property or services that are typically sold or provided in connection with the final disposition of human remains, including caskets, alternative containers, outer burial containers, cremation containers, transportation containers, funeral clothing or accessories, monuments, grave markers, urns, embalming services, funeral directing services and similar funeral or burial items. Funeral goods and services do not include goods and services sold by cemeteries.

27.  "Good moral character" means that a person:

(a)  Has not been convicted of a class 1 or 2 felony by a court of competent jurisdiction.

(b)  Has not, within five years of applying for licensure or registration, been convicted of a felony or misdemeanor if the offense has a reasonable relationship to the person's proposed area of licensure or registration.

(c)  Has not, within five years of applying for licensure or registration, committed any act involving dishonesty, fraud, misrepresentation, breach of fiduciary duty, gross negligence or incompetence if the act has a reasonable relationship to the person's proposed area of licensure or registration.

(d)  Is not currently incarcerated in or on community supervision after a period of imprisonment in a local, state or federal penal institution or on criminal probation.

(e)  Has not engaged in fraud or misrepresentation in connection with an application for licensure or registration under this chapter or an examination required for licensure or registration.

(f)  Has not, within five years of applying for licensure or registration, had a license, registration or endorsement revoked or suspended by the board or by the funeral services licensing authority of any other jurisdiction.

(g)  Has not surrendered a license, registration or endorsement to the board or the funeral licensing authority of any other jurisdiction in lieu of disciplinary action.

(h)  Has not practiced funeral directing or embalming without a license in this state or any other jurisdiction that requires licensure to perform these activities.

28.  "Holding facility" means a designated area for the retention of human remains.

29.  "Human remains" means a lifeless human body or parts of a human body that allow a reasonable inference that death occurred.

30.  "Intern" means a person who is licensed pursuant to this chapter and who is engaged in either or both of the following:

(a)  Embalming under the supervision of a licensed embalmer.

(b)  Arranging and directing funerals under the supervision of a licensed funeral director.

31.  "Intern trainee" means a person who intends to enter training as an intern and who is temporarily employed by a funeral establishment.

32.  "License" means a written authorization that is issued by the board and that entitles a person to act as a funeral director, embalmer or intern or to operate a funeral establishment or crematory in this state.

33.  "Licensee" means a person to whom the board has issued a license to act as a funeral director, embalmer or intern or to operate a funeral establishment or crematory in this state.

34.  "Manage" means:

(a)  That a responsible funeral director exercises control and oversight over all employees of a funeral establishment and over funeral transactions, including the care of dead human bodies, funeral services and activities and the documentation and retention of records.

(b)  That a responsible cremationist exercises control and oversight over all employees of a crematory and crematory operations.

35.  "National board examination" means the test or tests given by the conference of funeral service examining boards to determine the entry level knowledge and skills of a person regarding funeral directing and embalming.

36.  "Net interest" means interest earned on a prearranged funeral trust account minus applicable taxes, reasonable and necessary charges made by the financial institution and the annual service fee allowed to be deducted by the funeral establishment according to section 32‑1391.06, subsection B.

37.  "Outer burial container" means a container that is designed for placement in a grave around a casket, including burial vaults, grave boxes and grave liners.

38.  "Owner" means a person who owns ten percent or more of a business entity.  Owner does not include shareholders of companies who have a class of common equity stock listed or authorized to be listed on the New York stock exchange or the American stock exchange or listed on the NASDAQ stock market.

39.  "Person legally responsible" means the person responsible for burying a dead body as determined in section 36‑831.

40.  "Prearranged funeral agreement" means any agreement or combination of agreements under which a payment is made before the death of the intended beneficiary for funeral goods and services to be delivered or performed after the death of the beneficiary.

41.  "Prearranged funeral trust account" means a trust account that is established at a financial institution and into which all monies paid on behalf of a beneficiary pursuant to a prearranged funeral agreement are deposited.

42.  "Preparation" means washing, shaving, dressing or arranging hair on, applying cosmetics to or positioning bodily features on a dead human body and placing the dead human body in a casket.

43.  "Processed cremated remains" means cremated remains after they are pulverized and cleaned, leaving primarily small bone fragments.

44.  "Provisionally accredited" means granted candidacy status by the American board of funeral service education.

45.  "Registration" means a written authorization that is issued by the board and that entitles a person to act as an assistant funeral director, an embalmer's assistant or a prearranged funeral salesperson in this state.

46.  "Responsible cremationist" means a licensed cremationist who manages a crematory.

47.  "Responsible funeral director" means a person who is licensed pursuant to this chapter, who is engaged in funeral directing and who manages and is accountable for a funeral establishment.

48.  "Retort" means an enclosed space within which cremation takes place.

49.  "State equivalent examination" means the test or tests that are provided by the conference of funeral service examining boards and offered by the board to determine the entry level knowledge and skills of a person regarding funeral directing and embalming.

50.  "Supervise" or "supervision" means that a licensed embalmer has responsibility for and is within sight and sound of a licensed intern who is embalming a dead human body or a student who is assisting in embalming a dead human body.

51.  "Temporary container" means a receptacle that is usually made of cardboard, rigid plastic or another similar material and that is designed to hold processed cremated remains until they are placed in an urn or another permanent container.

52.  "Trust funds" means all monies that are deposited on behalf of a beneficiary of a prearranged funeral agreement funded by trust and all accrued net interest.  Trust funds shall be considered an account kept in suspense until distributed to the beneficiary, the funeral establishment or the estate of the beneficiary in accordance with this article.

53.  "Universal precautions" means the universal blood and fluid precautions recommended by the centers for disease control of the United States public health service to prevent the transmission of bloodborne and bodily fluid‑borne infectious diseases.

54.  "Unprofessional conduct" includes the following acts, whether occurring in this state or elsewhere:

(a)  Committing a class 1 or 2 felony.

(b)  Committing a felony or misdemeanor if the offense has a reasonable relationship to funeral directing or embalming.  Conviction by any court of competent jurisdiction or a plea of no contest is conclusive evidence of the commission.

(c)  Providing false, misleading or deceptive information on an application for licensure or registration pursuant to this chapter or on an examination required for licensure or registration.

(d)  Bribing or offering to bribe, directly or indirectly, a member of the board to influence the member's actions in performing the member's duties.

(e)  Wilfully interfering with an embalmer, funeral director or cremationist who has lawful custody of a dead human body in performing the embalmer's, funeral director's or cremationist's duty to embalm or prepare the body for burial, transportation or cremation.

(f)  Paying or causing money or other valuable consideration to be paid to a person, other than an employee of a funeral establishment, to secure business regulated pursuant to this chapter from or through the person.

(g)  Violating any law of this state or any rule adopted by the department of health services that relates to embalming or preparing dead human bodies.

(h)  Certifying falsely to having embalmed or prepared a dead human body that was embalmed by a person other than a licensed embalmer making the certification or an intern under the supervision of a licensed embalmer making the certification.

(i)  Falsely advertising or labeling any service or merchandise with the intention of deceiving the public.

(j)  Shipping or delivering any merchandise or supplies that are not the substantial equivalent of or superior in quality to merchandise or supplies previously presented to the purchaser as samples.

(k)  Committing any act involving dishonesty, fraud, misrepresentation, breach of fiduciary duty, gross negligence or incompetence if the act has a reasonable relationship to funeral directing or embalming.

(l)  Engaging in any conduct or practice that is reasonably related to funeral directing or embalming and that is or may be harmful or dangerous to the health, safety or welfare of the public.

(m)  Within a period of five years, having a license, registration or endorsement suspended or revoked by the board or by the funeral services licensing authority of any other jurisdiction or surrendering a license, registration or endorsement in lieu of disciplinary action.

55.  "Urn" means a receptacle into which processed cremated remains are placed for disposition. END_STATUTE

Sec. 19.  Section 32-3632, Arizona Revised Statutes, is amended to read:

START_STATUTE32-3632.  Hearing and judicial review; costs and fees; appeal

A.  The hearing on the charges shall be at a time and place prescribed by the superintendent and shall be in accordance with title 41, chapter 6, article 10.

B.  If a case proceeds to a hearing before either the superintendent or an administrative law judge, both of the following apply:

1.  If the department sustains its burden of proof and prevails on the merits of the case, the department may collect from the respondent applicant, registered trainee appraiser, appraiser or property tax agent the department's costs and expenses associated with the formal hearing, including reasonable attorney fees, expert testimony and preparation fees, investigative costs and expenses and costs incurred relating to the office of administrative hearings and court certified reporters.  All monies collected pursuant to this paragraph shall be deposited in the department revolving fund established by section 6‑135.

2.  If the department does not sustain its burden of proof and the respondent applicant, registered trainee appraiser, appraiser or property tax agent prevails on the merits of the case, the respondent applicant, registered trainee appraiser, appraiser or property tax agent may collect from the department fees and other costs associated with the formal hearing.

C.  Except as provided in section 41‑1092.08, subsection H, any final decision or order of the superintendent may be appealed to the superior court pursuant to title 12, chapter 7, article 6. END_STATUTE

Sec. 20.  Section 32-4004, Arizona Revised Statutes, is amended to read:

START_STATUTE32-4004.  Board of certified reporters

A.  The board of certified reporters is established consisting of the following members:

1.  The chief justice of the supreme court or the chief justice's designee.

2.  One judge of the court of appeals who is appointed by the chief justice of the supreme court.

3.  One superior court judge who is appointed by the chief justice of the supreme court.

4.  Two certified reporters who are residents of this state, who have been official court certified reporters for at least five years and who are appointed by the chief justice of the supreme court.

5.  Two certified reporters who are residents of this state, who have been freelance reporters for at least five years and who are appointed by the chief justice of the supreme court.

6.  One attorney who is a resident of this state, who has been licensed to practice law in this state for at least five years and who is appointed by the chief justice of the supreme court.

7.  One public member who is appointed by the chief justice of the supreme court.

B.  Members who are appointed pursuant to subsection A, paragraphs 2 through 7 of this section serve five year five-year terms. The chief justice shall fill a vacancy for any unexpired portion of a term in the same manner as the original appointment.

C.  A majority of the members shall elect a chairperson.

D.  Public members of the board are not eligible to receive compensation but are eligible to receive reimbursement for expenses pursuant to title 38, chapter 4, article 2.

E.  The board shall assure ensure that a record of its meetings and all official actions, a register of all applicants for certification and a roster of all certified reporters are maintained.  The board shall designate the location where it maintains the register and roster. END_STATUTE

Sec. 21.  Section 32-4022, Arizona Revised Statutes, is amended to read:

START_STATUTE32-4022.  Examination; requirements; exemption

A.  A person shall not be admitted to an examination without presenting satisfactory evidence to the board that before the date on which the application for an examination was filed the person has done at least one of the following:

1.  Obtained one year of experience in making verbatim records of meetings, conferences, hearings or judicial or related proceedings by means of written symbols or abbreviations in shorthand, machine writing or voice writing and in transcribing these records.

2.  Obtained a verified certificate of the satisfactory completion of a prescribed course of study from a court reporting school or a certificate from a school that evidences the equivalent proficiency and the ability to make a verbatim record of material that is dictated pursuant to rules adopted by the supreme court.

3.  Obtained a national court reporters association's registered professional reporter or registered merit reporter certificate.

4.  Obtained a valid certificate to practice court reporting that is issued by a state other than this state if the other state's requirements and certifying examination are substantially similar to or more stringent than those in this state.

5.  Demonstrated reasonable proficiency in making verbatim records of trial or judicial or other related proceedings by passing an approved examination for certification pursuant to rules adopted by the supreme court.

B.  The examination for certification consists of the following two parts:

1.  A national court reporters association's registered professional reporter examination, a national verbatim reporters associations certified verbatim reporters association examination or an alternative demonstration of proficiency approved by the supreme court.

2.  A written knowledge test of rules of the supreme court of Arizona and statutes of this state relating to court certified reporters.

C.  The board shall review the content and subject matter of the examination and shall make changes as deemed necessary.

D.  The supreme court shall specify a date and place for the examinations.

E.  Pursuant to rules adopted by the supreme court, an applicant who presents proof of having passed an examination approved by the supreme court including a national court reporters association's registered professional reporter examination, a national court reporters association's registered merit reporter examination, a national verbatim reporters associations certified verbatim reporters association examination or an alternative demonstration of proficiency approved by the supreme court and the test prescribed by subsection B, paragraph 2 of this section may apply for certification without taking and passing the examination prescribed by subsection B, paragraph 1 of this section.

F.  An applicant who fails to pass the examination prescribed by subsection B, paragraph 2 of this section may apply for reexamination at any time.

G.  An applicant shall be disqualified from taking any future examination if the board determines that the applicant engaged in fraud, dishonesty or corruption while taking the examination.END_STATUTE

Sec. 22.  Section 36-539, Arizona Revised Statutes, is amended to read:

START_STATUTE36-539.  Conduct of hearing; record; transcript

A.  The medical director of the evaluation agency shall issue instructions to the physicians or the psychiatric and mental health nurse practitioner of the evaluation agency who is treating the proposed patient to take all reasonable precautions to ensure that at the time of the hearing the proposed patient shall not be so under the influence of or so suffer the effects of drugs, medication or other treatment as to be hampered in preparing for or participating in the hearing.  If the proposed patient is being treated as an inpatient by the evaluation agency, the court at the time of the hearing shall be presented a record of all drugs, medication or other treatment that the person has received during the seventy‑two hours immediately before the hearing.

B.  The patient and the patient's attorney shall be present at all hearings, and the patient's attorney may subpoena and cross‑examine witnesses and present evidence.  The patient may choose to not attend the hearing or the patient's attorney may waive the patient's presence.  The evidence presented by the petitioner or the patient shall include the testimony of two or more witnesses acquainted with the patient at the time of the alleged mental disorder, which may be satisfied by a statement agreed on by the parties, and testimony of the two physicians who participated in the evaluation of the patient, which may be satisfied by stipulating to the admission of the evaluating physicians' affidavits as required pursuant to section 36‑533, subsection B.  The physicians shall testify as to their personal observations of the patient.  They shall also testify as to their opinions concerning whether the patient is, as a result of mental disorder, a danger to self or to others or has a persistent or acute disability or a grave disability and as to whether the patient requires treatment.  Such testimony shall state specifically the nature and extent of the danger to self or to others, the persistent or acute disability or the grave disability.  If the patient has a grave disability, the physicians shall testify concerning the need for guardianship or conservatorship, or both, and whether or not the need is for immediate appointment.  Other persons who have participated in the evaluation of the patient or, if further treatment was requested by a mental health treatment agency, persons of that agency who are directly involved in the care of the patient shall testify at the request of the court or of the patient's attorney.  Witnesses shall testify as to placement alternatives appropriate and available for the care and treatment of the patient.  The clinical record of the patient for the current admission shall be available and may be presented in full or in part as evidence at the request of the court, the county attorney or the patient's attorney.

C.  If the patient, for medical or psychiatric reasons, is unable to be present at the hearing and cannot appear by other reasonably feasible means, the court shall require clear and convincing evidence that the patient is unable to be present at the hearing and on such a finding may proceed with the hearing in the patient's absence.

D.  The requirements of subsection B of this section are in addition to all rules of evidence and the Arizona rules of civil procedure, not inconsistent with subsection B of this section.

E.  A verbatim record of all proceedings under this section shall be made by stenographic means by a court reporter if a written request for a court reporter is made by any party to the proceedings at least twenty‑four hours in advance of such proceedings.  If stenographic means are not requested in the manner provided by this subsection, electronic means shall be directed by the presiding judge.  The stenographic notes or electronic tape shall be and retained as provided by statute.

F.  A patient who has been ordered to undergo treatment may request a certified transcript of the hearing.  To obtain a copy, the patient shall pay for a transcript or shall file an affidavit that the patient is without means to pay for a transcript.  If the affidavit is found true by the court, the expense of the transcript is a charge on the county in which the proceedings were held, or, if an intergovernmental agreement by the counties has required evaluation in a county other than that of the patient's residence, such expense may be charged to the county of the patient's residence or in which the patient was found before evaluation. END_STATUTE

Sec. 23.  Section 36-727, Arizona Revised Statutes, is amended to read:

START_STATUTE36-727.  Hearings; procedure; confidentiality

A.  The afflicted person or, if a minor or incapacitated person, the afflicted person's parent or guardian and that person's attorney have the right to be present at all hearings, subject to any conditions or procedures that are deemed appropriate or necessary by order of the court to protect the health and safety of all participants.  The afflicted person may waive any appearance before the court.

B.  If the afflicted person is unable or unwilling to be present at the hearing or the hearing cannot be reasonably conducted where the afflicted person is being treated or confined or cannot be reasonably conducted in the afflicted person's presence, the court shall enter a finding and may proceed with the hearing on the merits of the petition.

C.  The court may impose conditions or procedures that it deems necessary to protect the health and safety of all participants in the hearing and to ensure humane treatment with due regard to the comfort and safety of the afflicted person and others.  These measures may include video or telephonic conference appearances.  If necessary the court shall provide language interpreters and persons skilled in communicating with vision impaired and hearing impaired persons pursuant to applicable law.

D.  Parties to the proceedings may present evidence and subpoena and cross‑examine witnesses.  The evidence presented may include the testimony of experts on infectious diseases or public health matters or a physician who performed an examination or evaluation of the afflicted person.  The petitioner may prove its case on the affidavit or affidavits filed in support of the initial petition.  The clinical record of the afflicted person for the current admission shall be available and may be presented in full or in part as evidence at the request of the court, the afflicted person or the afflicted person's attorney or any party in interest.

E.  At the hearing the court shall be advised of any drugs known to have been administered to the afflicted person before the hearing that would affect the afflicted person's judgment or behavior.

F.  Persons appointed to conduct an examination and evaluation of the afflicted person shall make their reports in writing to the court.  The reports shall include a recommendation as to the least restrictive alternative measures available to the court.

G.  A verbatim record of all proceedings under this section shall be made by stenographic or electronic means.  The stenographic notes or electronic tape shall be and retained as provided by statute.

H.  The court hearing shall not be open to the public and all records, notices, exhibits and other evidence are confidential and shall not be released to the public.  The court may order any portion released or a public hearing to be held on a request from the afflicted person or, if a minor or incapacitated person, the afflicted person's parent or guardian or the afflicted person's attorney.  The court's records and exhibits are available to the petitioner, the afflicted person, the department, the tuberculosis control officer, the local health officer or a legal representative of any of these persons or agencies.

I.  An afflicted person who is ordered by the court to undergo examination, monitoring, treatment, isolation or quarantine or, if a minor or incapacitated person, the afflicted person's parent or guardian may request a certified transcript of the hearing.  To obtain a copy the person shall pay for the transcript or shall file an affidavit that the afflicted person cannot afford to pay for a transcript.  If the affidavit is found true by the court, the court shall charge the expense of the transcript to the county in which the proceedings were held.  If an intergovernmental agreement by the counties has required an evaluation in a county other than that of the afflicted person's residence, this expense may be charged to the county of the afflicted person's residence or in which the afflicted person was found before the evaluation. END_STATUTE

Sec. 24.  Section 38-317, Arizona Revised Statutes, is amended to read:

START_STATUTE38-317.  Compensation of impeachment personnel

A.  The senators composing the court of impeachment and the managers representing the house of representatives shall be paid during the impeachment trial the compensation, mileage,  and subsistence provided by law for members of the legislature when convened in regular session.

B.  The managers shall be allowed the same compensation for the time required in preparing the proceedings for presentation to the court of impeachment together with their actual and necessary expenses. ; such Expenses shall include the personal or subsistence expenses of the managers.  In addition, the managers mayduring the preparation of the proceedings and the trial thereof the managers may also employ legal, stenographic, clerical and other assistance as is required and fix their compensation.

C.  The members, officers, employees of the court, the board of managers and all employees of the board of managers shall be paid on verified claims approved by the presiding justice of the court and attested by its clerk.

D.  Court Certified reporters employed by the court may be paid the compensation provided by law for reporting proceedings before magistrates,  and shall also receive from the party ordering a transcript of the proceedings the compensation provided by law for such services.

E.  In lieu of the procedures prescribed by the terms of subsection D of this section, the court may provide by contract for the reporting of such proceedings and for the transcripts thereof. END_STATUTE

Sec. 25.  Section 38-424, Arizona Revised Statutes, is amended to read:

START_STATUTE38-424.  Use of certified reporters and electronic devices

This state or any agency of this state, including the judiciary, and each political subdivision of this state, including any courts of law, may for any purpose use tape recorders or other recording devices electronic devices in lieu of certified reporters or stenographers.  This section does not apply if the matter to be recorded arises out of for court proceedings. and Either party requests that may provide a court certified reporter or stenographer be in addition to the electronic devices used by a court to record the proceedings. The official record of the proceedings is the record prepared by the court pursuant to rules adopted by the supreme court. END_STATUTE

Sec. 26.  Section 40-360.04, Arizona Revised Statutes, is amended to read:

START_STATUTE40-360.04.  Hearings; procedures

A.  The chairman of the committee shall, within ten days after receiving an application, shall provide public notice as to the time and place of a hearing on the application and provide notice by certified mail to the affected areas of jurisdiction at least twenty days prior to before a scheduled hearing.  If the committee subsequently proposes to condition the certificate on the use of a site other than the site or alternative sites generally described in the notice and considered at the hearing, a further hearing shall be held thereon after public notice.  The hearing or hearings shall be held not less than thirty days nor more than sixty days after the date notice is first given and shall be held in the general area within which the proposed plant or transmission line is to be located or at the state capitol at Phoenix as determined by the chairman, at his the chairman's discretion.

B.  The committee may conduct the hearing or may appoint an attorney as a hearing officer.  To be eligible for appointment the attorney must reside in a county other than the county in which the proposed site is located and have been admitted to practice in this state for not less than five years.

C.  The committee or hearing officer shall receive under oath and before a court certified reporter the material, nonrepetitive evidence and comments of the parties to the proceedings and any rebuttal evidence of the applicant, and the committee or hearing officer may require the consolidation of the representation of nongovernmental parties having similar interests.

D.  The committee shall review and consider the transcript of the public hearing or hearings and shall by a decision of a majority of the members issue or deny a certificate of environmental compatibility within one hundred eighty days after the application has been filed with or referred to the committee.

E.  Should the estimated cost of the facilities or site be increased as a result of the action of the committee, such the increase, as determined by an independent engineering firm selected jointly by the committee and applicant, shall be reflected in the certificate issued by the committee. The engineering firm shall include a registered professional engineer experienced in utility construction. END_STATUTE

Sec. 27.  Section 41-324, Arizona Revised Statutes, is amended to read:

START_STATUTE41-324.  Certified reporters; notarial acts

A.  Court Certified reporters who administer oaths and affirmations in judicial proceedings are exempt from the provisions of this chapter other than section 41‑315.  Court Certified reporters who are commissioned as notaries and who perform notarial acts outside of judicial proceedings are subject to all provisions of this chapter and of other laws of this state that regulate notaries public.

B.  A court certified reporter who prepares a transcript of a judicial proceeding shall attach a certificate page to the transcript.  On the certificate page, the court certified reporter shall attest to the fact that the certified reporter administered an oath or affirmation to each witness whose testimony appears in the transcript.

C.  An affidavit of nonappearance that is prepared by a court certified reporter does not need to be witnessed by a notary. END_STATUTE

Sec. 28.  Section 41-1092.01, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1092.01.  Office of administrative hearings; director; powers and duties; fund

A.  An office of administrative hearings is established.

B.  The governor shall appoint the director pursuant to section 38‑211. At a minimum, the director shall have the experience necessary for appointment as an administrative law judge.  The director also shall possess supervisory, management and administrative skills, as well as knowledge and experience relating to administrative law.

C.  The director shall:

1.  Serve as the chief administrative law judge of the office.

2.  Make and execute the contracts and other instruments that are necessary to perform the director's duties.

3.  Subject to chapter 4, article 4 of this title, hire employees, including full‑time administrative law judges, and contract for special services, including temporary administrative law judges, that are necessary to carry out this article.  An administrative law judge employed or contracted by the office shall have graduated from an accredited college of law or shall have at least two years of administrative or managerial experience in the subject matter or agency section the administrative law judge is assigned to in the office.

4.  Make rules that are necessary to carry out this article, including rules governing ex parte communications in contested cases.

5.  Submit a report to the governor, speaker of the house of representatives and president of the senate by November 1 of each year describing the activities and accomplishments of the office.  The director's annual report shall include a summary of the extent and effect of agencies' utilization of administrative law judges, court certified reporters and other personnel in proceedings under this article and recommendations for changes or improvements in the administrative procedure act or any agency's practice or policy with respect to the administrative procedure act. The director shall provide a copy of the report to the secretary of state.

6.  Secure, compile and maintain all decisions, opinions or reports of administrative law judges issued pursuant to this article and the reference materials and supporting information that may be appropriate.

7.  Develop, implement and maintain a program for the continuing training and education of administrative law judges and agencies in regard to their responsibilities under this article.  The program shall require that an administrative law judge receive training in the technical and subject matter areas of the sections to which the administrative law judge is assigned.

8.  Develop, implement and maintain a program of evaluation to aid the director in the evaluation of administrative law judges appointed pursuant to this article that includes comments received from the public.

9.  Annually report the following to the governor, the president of the senate and the speaker of the house of representatives and provide a copy of this report to the secretary of state by December 1 for the prior fiscal year:

(a)  The number of administrative law judge decisions rejected or modified by agency heads.

(b)  By category, the number and disposition of motions filed pursuant to section 41‑1092.07, subsection A to disqualify office administrative law judges for bias, prejudice, personal interest or lack of expertise.

(c)  By agency, the number and type of violations of section 41‑1009.

10.  Schedule hearings pursuant to section 41‑1092.05 on the request of an agency or the filing of a notice of appeal pursuant to section 41‑1092.03.

D.  The director shall not require legal representation to appear before an administrative law judge.

E.  Except as provided in subsection F of this section, all state agencies supported by state general fund sources, unless exempted by this article, and the registrar of contractors shall use the services and personnel of the office to conduct administrative hearings.  All other agencies shall contract for services and personnel of the office to conduct administrative hearings.

F.  An agency head, board or commission that directly conducts an administrative hearing as an administrative law judge is not required to use the services and personnel of the office for that hearing.

G.  Each state agency, and each political subdivision contracting for office services pursuant to subsection I of this section, shall make its facilities available, as necessary, for use by the office in conducting proceedings pursuant to this article.

H.  The office shall employ full‑time administrative law judges to conduct hearings required by this article or other laws as follows:

1.  The director shall assign administrative law judges from the office to an agency, on either a temporary or a permanent basis, at supervisory or other levels, to preside over contested cases and appealable agency actions in accordance with the special expertise of the administrative law judge in the subject matter of the agency.

2.  The director shall establish the subject matter and agency sections within the office that are necessary to carry out this article.  Each subject matter and agency section shall provide training in the technical and subject matter areas of the section as prescribed in subsection C, paragraph 7 of this section.

I.  If the office cannot furnish an office administrative law judge promptly in response to an agency request, the director may contract with qualified individuals to serve as temporary administrative law judges. These temporary administrative law judges are not employees of this state.

J.  The office may provide administrative law judges on a contract basis to any governmental entity to conduct any hearing not covered by this article.  The director may enter into contracts with political subdivisions of this state, and these political subdivisions may contract with the director for the purpose of providing administrative law judges and reporters for administrative proceedings or informal dispute resolution. The contract may define the scope of the administrative law judge's duties.  Those duties may include the preparation of findings, conclusions, decisions or recommended decisions or a recommendation for action by the political subdivision.  For these services, the director shall request payment for services directly from the political subdivision for which the services are performed, and the director may accept payment on either an advance or reimbursable basis.

K.  The office shall apply monies received pursuant to subsections E and J of this section to offset its actual costs for providing personnel and services.

L.  The office shall receive complaints against a county, a local government as defined in section 9‑1401 or a video service provider as defined in section 9‑1401 or 11‑1901 and shall comply with the duties imposed on the office pursuant to title 9, chapter 13 for complaints involving local governments and title 11, chapter 14 for complaints involving counties. END_STATUTE

Sec. 29.  Section 41-1092.07, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1092.07.  Hearings

A.  A party to a contested case or appealable agency action may file a nonperemptory motion with the director to disqualify an office administrative law judge from conducting a hearing for bias, prejudice, personal interest or lack of technical expertise necessary for a hearing.

B.  The parties to a contested case or appealable agency action have the right to be represented by counsel or to proceed without counsel, to submit evidence and to cross‑examine witnesses.

C.  The administrative law judge may issue subpoenas to compel the attendance of witnesses and the production of documents.  The subpoenas shall be served and, on application to the superior court, enforced in the manner provided by law for the service and enforcement of subpoenas in civil matters.  The administrative law judge may administer oaths and affirmations to witnesses.

D.  All parties shall have the opportunity to respond and present evidence and argument on all relevant issues.  All relevant evidence is admissible, but the administrative law judge may exclude evidence if its probative value is outweighed by the danger of unfair prejudice, by confusion of the issues or by considerations of undue delay, waste of time or needless presentation of cumulative evidence.  The administrative law judge shall exercise reasonable control over the manner and order of cross‑examining witnesses and presenting evidence to make the cross‑examination and presentation effective for ascertaining the truth, avoiding needless consumption of time and protecting witnesses from harassment or undue embarrassment.

E.  All hearings shall be recorded.  The administrative law judge shall secure either a court certified reporter or an electronic means of producing a clear and accurate record of the proceeding at the agency's expense.  Any party that requests a transcript of the proceeding shall pay the costs of the transcript to the court certified reporter or other transcriber.

F.  Unless otherwise provided by law, the following apply:

1.  A hearing may be conducted in an informal manner and without adherence to the rules of evidence required in judicial proceedings. Neither the manner of conducting the hearing nor the failure to adhere to the rules of evidence required in judicial proceedings is grounds for reversing any administrative decision or order if the evidence supporting the decision or order is substantial, reliable and probative.

2.  Copies of documentary evidence may be received in the discretion of the administrative law judge.  On request, parties shall be given an opportunity to compare the copy with the original.

3.  Notice may be taken of judicially cognizable facts.  In addition, notice may be taken of generally recognized technical or scientific facts within the agency's specialized knowledge.  The parties shall be notified either before or during the hearing or by reference in preliminary reports or otherwise of the material noticed including any staff memoranda or data and they the parties shall be afforded an opportunity to contest the material so noticed.  The agency's experience, technical competence and specialized knowledge may be used in the evaluation of the evidence.

4.  On application of a party or the agency and for use as evidence, the administrative law judge may permit a deposition to be taken, in the manner and on the terms designated by the administrative law judge, of a witness who cannot be subpoenaed or who is unable to attend the hearing. The administrative law judge may order subpoenas for the production of documents may be ordered by the administrative law judge if the party seeking the discovery demonstrates that the party has reasonable need of the materials being sought.  All provisions of law compelling a person under subpoena to testify are applicable.  Fees for attendance as a witness shall be the same as for a witness in court, unless otherwise provided by law or agency rule.  Notwithstanding section 12‑2212, subpoenas, depositions or other discovery shall not be permitted except as provided by this paragraph or subsection C of this section.

5.  Informal disposition may be made by stipulation, agreed settlement, consent order or default.

6.  Findings of fact shall be based exclusively on the evidence and on matters officially noticed.

7.  A final administrative decision shall include findings of fact and conclusions of law, separately stated.  Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings.  Conclusions of law shall specifically address the agency's authority to make the decision consistent with section 41‑1030.

G.  Except as otherwise provided by law:

1.  At a hearing on an agency's denial of a license or permit or a denial of an application or request for modification of a license or permit, the applicant has the burden of persuasion.

2.  At a hearing on an agency action to suspend, revoke, terminate or modify on its own initiative material conditions of a license or permit, the agency has the burden of persuasion.

3.  At a hearing on an agency's imposition of fees or penalties or any agency compliance order, the agency has the burden of persuasion.

4.  At a hearing held pursuant to chapter 23 or 24 of this title, the appellant or claimant has the burden of persuasion.

H.  Subsection G of this section does not affect the law governing burden of persuasion in an agency denial of, or refusal to issue, a license renewal. END_STATUTE

Sec. 30.  Section 48-704, Arizona Revised Statutes, is amended to read:

START_STATUTE48-704.  Hearing on objections

A.  Within thirty days after adoption of the resolution of intent to form a district, any person claiming an interest in real property that the resolution discloses is situated in the district may file a written objection with the clerk before 5:00 p.m. on the business day preceding the date and time set for the hearing on the question of formation of the district.  The objection may raise one or more of the following:

1.  That the objector's property would not be benefited from the improvements set forth in the general plan and that the property should be excluded from the district.

2.  That the district should not be formed, stating the specific reasons.

3.  That the general plan should be modified, stating the reasons for modification.

B.  At the hearing, including any adjournments or continuances, the governing body shall hear and pass only on the written objections and the testimony and evidence presented in support of or opposition to the objections. The hearing shall be either transcribed by a court certified reporter or recorded by a tape recorder.  The court certified reporter's transcript or a transcription of the tape recording certified to be true and correct by the clerk shall be filed in the official records of the governing body.

C.  In furtherance of the hearing, the clerk, on written request or praecipe being presented, shall issue subpoenas or subpoenas duces tecum to compel the attendance and testimony of any person or the submission of any documents at the hearing.  Compliance with the subpoena shall be enforced as if the subpoena were issued by a clerk of the superior court.

D.  Testimony at the hearing need not be under oath, unless requested by any owner or required by the governing board.  Requests by owners that the testimony be under oath must be made in writing and be filed with, or served on, the clerk before the hearing begins or the request is deemed waived.

E.  The minutes or a copy of a written transcript or a tape recording of the proceedings of a hearing conducted pursuant to this section shall be open to public inspection three working days after the conclusion of a hearing.  Any person may request to examine or be furnished copies, printouts, photographs, transcripts or recordings of a hearing during regular office hours of the governing body. The custodian of the records shall furnish the copies, printouts, photographs, transcripts or recordings and may charge a reasonable fee that does not exceed the actual cost of reproducing the item requested. END_STATUTE

Sec. 31.  Section 48-1034, Arizona Revised Statutes, is amended to read:

START_STATUTE48-1034.  Objections; hearing on formation

A.  Any person claiming an interest in real property which that the resolution discloses is in the district may file a written objection with the clerk before 5:00 p.m. on the business day preceding the date set for the hearing.  The objection may raise one or more of the following:

1.  That the objector's property should be excluded from the district and stating the specific reasons.

2.  That the district should not be formed, stating the specific reasons.

3.  That the proposed rural road improvements should be modified, stating the reasons for modification.

B.  At the hearing, including any adjournments or continuances, the board of supervisors shall hear and pass only on the written objections and the testimony and evidence presented with respect to those objections.  The hearing shall be either transcribed by a court certified reporter or recorded by a tape recorder.  The court certified reporter's transcript or a transcription of the tape recording certified to be true and correct by the clerk shall be filed in the board of supervisor's official records.

C.  At the hearing the board of supervisors may hear and consider proposals to add areas to the proposed district on notice to owners of land both in the original proposed district and in the proposed addition.

D.  In furtherance of the hearing, the clerk, on written request or praecipe being presented, shall issue subpoenas or subpoenas duces tecum to compel the testimony of any person or the submission of any documents at the hearing.  Compliance with the subpoena shall be enforced as if the subpoena were issued by a clerk of the superior court.

E.  Testimony at the hearing need not be under oath, unless requested by any owner or required by the board of supervisors.  Requests by owners that the testimony be under oath must be made in writing and be filed with, or served on, the clerk before the hearing begins or the request is deemed waived. END_STATUTE

Sec. 32.  Section 49-287.06, Arizona Revised Statutes, is amended to read:

START_STATUTE49-287.06.  Allocation hearing

A.  Ninety days after the issuance of notice pursuant to section 49‑287.05, subsection A, the director shall issue a notice to each person who has not settled its liability with the department of the start of an allocation proceeding.  The director shall propose the names of at least three allocators taken from a list maintained by the director.  The director shall be entitled to be represented in the allocation proceeding but may waive this right.  If all parties have settled, the director's notice shall advise all persons notified pursuant to section 49‑287.05 that no allocation hearing will be held pursuant to this section.

B.  Within fifteen days of after receipt, each person receiving the notice of allocation proceeding shall respond to the director regarding the acceptability of any of the allocators on the director's list.  If all of the parties cannot agree on one of the allocators proposed by the director, each party may provide the names of up to three other proposed allocators.  If the director and all of the parties cannot agree on a proposed allocator within thirty days after the issuance of the director's notice pursuant to this section, the director shall request the presiding civil judge of the superior court in the county where the site is located to select an allocator.  Within thirty days after the request, the presiding civil judge shall select an allocator and advise the director of the selection.

C.  The director shall give all parties written notice of the selection of the allocator.  The allocator shall set the date for hearing at least sixty and not more than one hundred twenty days after the date of the notice of selection of the allocator pursuant to this section.  The allocator may continue the date of the hearing for good cause.  Ex parte contact with the allocator regarding any of the evidence or issues in the allocation is prohibited.

D.  The allocator shall conduct an allocation hearing and, on request of one or more of the parties, may conduct a mediation or settlement conference before the allocation hearing.  The allocator has the power to administer oaths or affirmations to witnesses.  In conducting the allocation hearing, the allocator has discretion to determine the procedures to be followed, except that:

1.  Each party shall provide the allocator, the director and all parties with a disclosure statement at least thirty days before the date of the first scheduled hearing.  The disclosure statement shall comply with rule 26.1, Arizona rules of civil procedure, and shall include a statement of the method of allocation proposed, a description of evidence supporting the factors listed in section 49‑285, subsections E and F intended to be presented at the hearing and a description of any other relevant evidence known to the party, including information regarding the responsibility of any other person.  Copies of any documentary evidence shall be included with the disclosure statement unless already in the department's public file on the site or a disclosure statement previously filed pursuant to this paragraph.  Evidence that is not disclosed in a party's disclosure statement is inadmissible by that party at the hearing.  Evidence that a party failed to provide the director pursuant to a request under section 49‑288 is inadmissible by that party at the hearing.  The liability allocation notice issued by the director pursuant to section 49‑287.05, subsection A and the public record on file at the department may serve as the disclosure statement of the director and any persons who have settled their liability with the director.  The director may supplement the liability allocation notice up to thirty days prior to before the first scheduled hearing date.  The allocator shall resolve disputes regarding the adequacy of disclosure statements.

2.  The director has the burden of proving that all other parties are responsible parties under this article.  The allocator shall allow each party to present evidence relevant to the liability and proportionate share of liability of any person, except as provided in paragraphs 8 and 9 of this subsection.  There is no burden of proof as to the proportionate share of any person.  The allocator shall hear all of the evidence and assign the proportionate shares in accordance with the considerations as specified in section 49‑285, subsections E and F.

3.  The allocator shall allow each party to cross-examine any other party's witnesses, except that the allocator may limit cross‑examination to avoid needless delay or a needless presentation of cumulative evidence or to expedite the hearing.

4.  The allocator may issue subpoenas to compel the attendance of witnesses and the production of documents.  The subpoenas shall be served and, on application to the superior court, enforced in the manner provided by law for the service and enforcement of subpoenas in civil actions. Service of the subpoena is the responsibility of the person requesting the subpoena.  Discovery shall not be permitted allowed except on a showing of good cause and due diligence as determined by the allocator.

5.  The allocator may request any additional information from any party if the allocator believes that this information is necessary to assist in making a determination regarding liability or the share of any person.

6.  If, during the hearing or at its conclusion, the allocator believes that additional information is necessary to issue a report, the allocator may order the parties to exchange additional information and submit posthearing evidence for a period of not more than sixty days.

7.  The allocator shall use the Arizona rules of civil procedure as guidance for hearing procedures, but may depart from these rules as prompt and fair resolution of the issues demand, and shall honor all privileges recognized under Arizona law.  The allocator may allow any relevant evidence, including hearsay evidence, to be admitted and shall give appropriate weight to all of the evidence.  The allocator may impose time limits on individual presentations and may require the consolidation of presentations or cross-examination if this consolidation can be justified by commonality of interests.  The disclosure statements and the liability allocation notice sent by the director pursuant to section 49‑287.05 shall be admitted as evidence.  The proceeding shall be recorded by a court certified reporter upon on request by any party who agrees to pay the costs.

8.  Except on a showing of good cause and due diligence as determined by the allocator, a party may not allege that a person is responsible for a share of liability unless that person was named in the director's list of liable persons issued pursuant to section 49‑287.05 or was identified as a potentially liable person pursuant to section 49‑287.04.

9.  A party may not introduce evidence at the hearing regarding the liability or share of liability of any person under this article unless the director was notified of the existence of the information pursuant to section 49‑287.04.  The allocator may allow the introduction of that evidence if the party acquired the information after that time and if the party shows good cause and due diligence as determined by the allocator, if the party provided the evidence to the director promptly after it was acquired.

E.  Within sixty days after the hearing or, if applicable, the end of the period for submitting posthearing evidence, the allocator shall issue a written allocation report identifying the persons who are liable and the proportionate share of liability of each person in accordance with section 49‑285, subsections E and F in percentages adding up to one hundred per cent percent. The allocator shall send a copy of the report to each party.

F.  All parties to the allocation shall bear an equal share of the allocator's fees and costs, which shall be specified in the allocator's report.

G.  The director shall serve notice of the issuance of the allocator's report on all persons notified pursuant to subsection A of this section and on the persons who filed an appeal of the record of decision pursuant to section 49‑287.04.  The notice shall state that there shall be a period of ninety days after service of the notice for settlement discussions, that the allocator's findings are final unless a challenge is filed pursuant to section 49‑287.07 and the period for challenging the allocator's findings as provided in section 49‑287.07, subsection B.

H.  The findings regarding liability and the proportionate share of liability for each person as set forth in the allocator's report are final unless a timely challenge regarding a person's liability or proportionate share is filed as provided in section 49‑287.07, subsection B.  The director or any other person with a claim for recovery of remedial action costs against a responsible party whose proportionate share as found by the allocator has become final pursuant to this subsection may obtain a judgment based on the proportionate share determined in the allocator's report.  In any action to obtain such a judgment, the responsible party whose allocated share has become final may not dispute its proportionate share of liability as determined by the allocator, and the plaintiff may recover its costs and attorney fees incurred in obtaining and enforcing the judgment.  The liability of any person that has become final pursuant to this subsection is not affected by any subsequent determination by a court in any action.

I.  If all parties settle during a proceeding pursuant to this section, the director shall terminate the proceedings.  If all parties, not including the director, fail or refuse to participate, the director may proceed with the allocation hearing or may terminate the proceedings.  If the director terminates the proceedings, the director shall provide written notice within thirty days of termination of proceedings pursuant to this section to all persons who received notice pursuant to section 49‑287.05. END_STATUTE