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Last Post 09 Jan 2020 11:57 AM by  Aditya Dynar
R-20-0008 PETITION TO AMEND RULE 3, RULES OF PROCEDURE FOR JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS
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Aditya Dynar
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09 Jan 2020 11:57 AM
    Pursuant to Rule 28, Ariz. R. Sup. Ct., the New Civil Liberties Alliance (“NCLA”) petitions this Court to amend Arizona Rule of Procedure for Judicial Review of Administrative Decisions 3 (“JRAD Rule 3”). The proposed amendments to JRAD Rule 3 will remedy the inadvertent adoption of the preliminary-injunction standard as the “good cause” standard under A.R.S. § 12-911 for stays of administrative decisions (“2018 JRAD Rule 3 Amendment”). The proposed rule would replace the preliminary-injunction standard with the court-recognized “colorable claim” standard for stays adopted under A.R.S. § 12-911.

    Aditya Dynar (031583)
    New Civil Liberties Alliance
    1225 19th St. NW, Suite 450
    Washington, DC 20036
    (202) 869-5210
    Adi.Dynar@NCLA.legal
    Attorney for Petitioner

    Would amend JRAD Rule 3 to modify the standard required for a stay of an administrative decision

    This petition is not yet open for comment.

    Filed January 9, 2020.

    Comment must be submitted on or before May 1, 2020.

    Replies must be submitted on or before June 1, 2020.
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