By: Camila Alarcon
The Court of Appeals recently issued an opinion in Simms v. Simms. By applying the fundamental principles of statutory construction, the Court agreed with the Arizona Racing Commission and broadly interpreted “person aggrieved” in the context of its administrative rules. In addressing claims of due process violations prior to an administrative hearing, the court found that a subsequent fair and impartial hearing rendered those claims moot. Claims regarding alleged actions after the hearing were remanded back to the superior court.
Gammage & Burnham’s Camila Alarcon and Christopher Hering represented the Arizona Racing Commission, and have extensive experience in administrative law and administrative appeals. A copy of the decision may be found here.