Ariz. Admin. Code § 2-17-106

Current through Register Vol. 31, No. 2, January 10, 2025

Section R2-17-106 - Contents of a Notice of Appeal

A. The notice of appeal shall contain the following statements:

1. "The appellant files this notice of appeal with the Department of Environmental Quality according to A.R.S. § 49-323."

2. "Under A.A.C. R2-17-107, if you, a Respondent in this case, have an interest in the final decision that may result from this Notice of Appeal, you are required to file an Answer to this Notice of Appeal within 20 days from the date of service of this Notice of Appeal on you."

B. The notice of appeal shall contain the following information:

1. The name, address, email and telephone number of the appellant and, if the appellant is represented by an attorney, the name, address, telephone number, email and Arizona Bar number of the appellant's attorney;

2. The names, mailing addresses, email, and telephone numbers of all of the following interested parties:

a. The permittee or registrant, if the permittee or registrant is not the appellant;

b. All persons who filed a notice of appearance in the action before the Department of Environmental Quality that the appellant is appealing; and

c. The Department of Environmental Quality.

3. The specific action of the Department of Environmental Quality involving the grant, denial, modification, or revocation of an individual permit issued under A.R.S. Title 49, Chapter 2, the issuance, denial, or revocation of a determination pursuant to A.R.S. § 49-241(B) or (C), or the establishment of numeric values and data gap issues for pesticides under A.R.S. §§ 49-303 and 49-304;

4. The date of the action by the Department of Environmental Quality;

5. The date the notice of action by the Department of Environmental Quality was received by the appellant;

6. The relief requested by the appellant and a concise statement of the reasons for the appeal;

7. The date of the notice of appeal;

8. The signature of the appellant or the appellant's attorney;

9. A verification that the appellant has served or caused to be served, a copy of the notice of appeal on the Department of Environmental Quality and all parties named by the appellant.

Ariz. Admin. Code § R2-17-106

Adopted effective January 8, 1998 (Supp. 98-1). Amended and renumbered from R2-17-107 by final expedited rulemaking at 27 A.A.R. 815, effective 5/5/2021.