§ 31.3.2.1.2 The Appellee Agency.

• Jurisdiction: Arizona

§ 31.3.2.1.2 The Appellee Agency. The agency whose decision is being reviewed and all persons who were parties of record in the administrative proceedings may be made appellees in the superior court. A.R.S. § 12-908. Neither the ALJ nor OAH may be named as a party to the proceedings. A.R.S. § 12-908(B). A hearing officer of the agency whose decision is being reviewed is not a proper party. Ariz. State Ret. Bd. v. Gibson, 2 Ariz. App. 609, 615, 411 P.2d 47, 53 (App. 1966).

Although the agency must be named as an appellee and served...