§ 37.3.5.4 Pleadings and Process.

• Jurisdiction: Arizona

§ 37.3.5.4 Pleadings and Process. Appeals to the superior court from a final decision of the board or of the employing agency are covered by the ARA. See The Administrative Review Act and The Administrative Procedure Act § 31.3.4. A complaint seeking review of a decision must be filed within 35 days of the decision itself, not from the receipt of the decision. Smith v. Ariz. Dep’t of Corr., 135 Ariz. 160, 162, 659 P.2d 1305, 1307 (App. 1983). Because no rehearing is required, the complaint should be filed within the 35-day period. The appellant must name the personnel board or the agency director if the director overrules the board’s decision and order, the employing agency, and all persons who were “parties of record” in the proceedings below. A.R.S. § 12-908. See generally The Administrative Review Act and The Administrative Procedure Act § 31.3.4.3. Service of the summons and complaint must be accomplished as provided in R. Civ. P...