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 [email protected]
Attorney for Petitioner
Would amend JRAD Rule 3 to modify the standard required for a stay of an administrative decision
Filed January 9, 2020.
Comment must be submitted on or before May 1, 2020.
Replies must be submitted on or before June 1, 2020.
ORDERED: Petition to Amend Rule 3, Rules of Procedure for Judicial Review of Administrative Decisions = ADOPTED, effective January 1, 2021.