ADRE LAW BOOK 2025

der this section the department shall not thereafter issue a license under this chapter to the licensee. B. If the commissioner finds that the public health, safety or welfare imperatively requires emergen cy action, and incorporates a finding to that effect in the commissioner’s order, summary suspen sion of a license or sales may be ordered. Grounds for issuance of an order of summary suspension include the violation of any of the provisions of section 32-2153 and the termination of a license pursuant to section 32-2188, subsection I. A licensee, owner, including the current owner of the property, operator, agent or developer may request a hearing pursuant to title 41, chapter 6, article 10. A summary suspension shall be deemed to be final if a request for a hearing is not received within thirty days as provided by section 41-1092.03. C. The department may issue a summary suspension when the department receives notice that a person licensed pursuant to this chapter has been convicted of a felony offense and is currently incarcerated for the conviction, paroled or under the supervision of a parole or community super vision officer or is on probation as a result of the conviction. This subsection does not limit the commissioner’s authority to seek revocation of a license or other disciplinary action pursuant to this chapter. 32-2158. Hearing; witnesses; deposition; service of process A. Any party to a hearing shall have the right to the attendance of witnesses in the party’s behalf, in person or by deposition, upon making a request therefor to the commissioner and designating the person or persons requested to be subpoenaed. For the purpose of investigation or hearing the commissioner shall have the powers vested in public officers by section 12-2212. B. Process issued by the commissioner may be served by any person authorized to serve process of courts of record or by any person designated for that purpose by the commissioner. The person serving process shall receive compensation allowed by the commissioner, not to exceed the fees prescribed by law for similar service. Any witness who appears by order of the commissioner shall receive the same fees and mileage allowed by law to a witness in civil cases, which shall be paid by the party at whose request the witness is subpoenaed. Fees for serving process and of witnesses subpoenaed by the commissioner not upon the request of any other person shall be paid as other expenses of the department are paid. 32-2159. Judicial review; costs; transcript A. Except as provided in section 41-1092.08, subsection H, a final decision of the commissioner may be appealed to the superior court in Maricopa county pursuant to title 12, chapter 7, article 6. B. If the superior court declares an appealing party indigent, on appeal the department shall pay the costs of the reporter’s transcript of proceedings and shall produce a certified copy of all docu A. The commissioner may file a complaint for a violation of this chapter before a court of compe tent jurisdiction and may in person or by his deputies, assistants or counsel assist in the prosecu tion of the complaint. The county attorney of any county in which a violation occurs shall, upon the written request of the commissioner or the attorney general, prosecute the violation. B. In addition to all other remedies, when it appears to the commissioner either upon complaint or otherwise that any person, firm, partnership, corporation, association or other organization, or a combination of any of them, has engaged or is engaging in any act, practice or transaction ments and evidence in the administrative record at no charge. 32-2160. Filing of complaint by commissioner; prosecution

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