4-210.02. Appeals from director
A. Except as provided in section 4-203.01, subsection E, a decision issued by the director is not final for purposes of appeal to superior court until it has first been appealed to and ruled on by the board. Any aggrieved party may appeal any final decision of the director regarding applicants or licensees to the board based on a contention that the decision was any of the following:
1. Founded on or contained errors of law which shall specifically include errors of construction or application of any relevant rules.
2. Unsupported by any competent evidence as disclosed by the entire record.
3. Materially affected by unlawful procedures.
4. Based on a violation of any constitutional provision.
5. Arbitrary or capricious.
B. The aggrieved party shall file the appeal in writing with the department within fifteen days after service of the notice of the decision of the director. The decision of the director is suspended until the determination of any appeal by the board.
C. The board or an administrative law judge shall conduct a hearing on the appeal pursuant to title 41, chapter 6, article 10 and may accept any relevant and material evidence and testimony and exercise the rights prescribed by section 12-2212 or section 4-112, subsection F. At the hearing an attorney or corporate officer or employee of a corporation may represent the corporation. The department shall prepare an official record of the hearing, including all testimony recorded mechanically or stenographically and all exhibits introduced. The department is not required to transcribe such record except pursuant to an appeal to the superior court, except that, upon written request and receipt of a reasonable fee for transcribing such record, the department may transcribe the record or allow for its transcription by the person requesting.
D. The board may affirm, reverse or modify any decision issued by the director.
Structure Arizona Revised Statutes
§ 4-113 - Enforcement officer; credentials; peace officer status
§ 4-114 - Interest in business prohibited; forfeiture of office
§ 4-115 - Disposition of fees and penalties
§ 4-116 - Receipts from club licenses and applications
§ 4-116.01 - Receipts from sampling privilege and growler permits
§ 4-118 - Inspection of premises
§ 4-120 - Liquor licenses fund; exemption
§ 4-201 - Licensing; application procedure in city, town or county; burden of proof
§ 4-201.01 - Extending time limits
§ 4-202 - Qualifications of licensees; application; background information; prior convictions
§ 4-203 - Licenses; issuance; transfer; reversion to state
§ 4-203.01 - Interim permit; fee; rules
§ 4-203.02 - Special event license; rules
§ 4-203.03 - Farm winery festival license; farm winery fair license; fee
§ 4-203.05 - Licenses held in nonuse status
§ 4-203.06 - Mixed cocktails; off-sale privileges; leases; fees
§ 4-203.07 - Off-sale privileges; leases; mixed cocktails; permits; fees
§ 4-204 - Personal representative or fiduciary acting for licensee
§ 4-205 - Issuance of club license; regulatory provisions; revocation
§ 4-205.01 - Hotel-motel license; issuance; revocation
§ 4-205.04 - Farm winery license; issuance; regulatory provisions; retail site; fee
§ 4-205.05 - Disposal of seized or recovered liquor
§ 4-205.06 - Hotel or motel minibars; rules; definitions
§ 4-205.07 - Conveyance license for excursion boats
§ 4-205.08 - Microbrewery license; issuance; regulatory provisions; retail site
§ 4-205.09 - Microbrewery and farm winery licenses on same land; requirements
§ 4-205.10 - Craft distiller license; issuance; regulatory provisions; fee
§ 4-205.11 - Craft distillery festival license; craft distillery fair license; craft distillery fee
§ 4-205.12 - Tasting rooms with shared patios
§ 4-205.13 - Registered alcohol delivery contractor; issuance; fee; regulatory provisions
§ 4-207 - Restrictions on licensing premises near school buildings; definition
§ 4-207.02 - Multiple licensees with joint premises
§ 4-207.03 - Extended premises; application; requirements; fee
§ 4-208 - Rejection as to location
§ 4-210.01 - Authority to impose civil penalty; training
§ 4-210.02 - Appeals from director
§ 4-211 - Judicial review; bond
§ 4-214 - Arizona wines; labeling
§ 4-221 - Registration of stills; forfeiture; sale; proceeds
§ 4-222 - Registration of retail agents; fees
§ 4-224 - Local ordinances; prohibitions
§ 4-225 - Food safety; federal law; preemption
§ 4-227 - Qualified retail cooperatives; pricing; definitions
§ 4-227.01 - Channel pricing; definition
§ 4-228 - Front entrance lock prohibited; exception
§ 4-229 - Licenses; handguns; posting of notice
§ 4-242 - Sale of liquor on credit prohibited; exceptions
§ 4-243 - Commercial coercion or bribery unlawful; exceptions
§ 4-243.01 - Purchasing from other than primary source of supply unlawful; definitions
§ 4-243.02 - Sale of beer, wine or distilled spirits by producer; limitations
§ 4-243.03 - Alternating proprietorships
§ 4-243.04 - On-sale retail licensees; ownership interests; conditions
§ 4-244 - Unlawful acts; definition
§ 4-244.02 - Unlawful importation of spirituous liquor; exceptions
§ 4-244.04 - Farm winery sampling
§ 4-246 - Violation; classification; fine; civil penalty
§ 4-248 - Reporting by court of convictions; definition
§ 4-249 - Consumption of liquor by underage person in religious service allowed
§ 4-250 - Distilled spirits pricing; prohibition
§ 4-301 - Liability limitation; social host
§ 4-302 - Notice of litigation
§ 4-311 - Liability for serving intoxicated person or minor; definition