Court Broadens Grounds
for Stay of License Revocation Pending Appeal
Licensee burden reduced
from "likely to prevail" to "some degree of merit"
An Arizona Court of
Appeals ruling in a liquor license case offers good news – and greater access to
due process – for contractors facing license revocation at the hands of the
Arizona Registrar of Contractors. The court’s ruling in
P&P Mehta LLC
v. Jones remedies a long-standing problem for Arizona businesses that
face losing their licenses issued by state or local governments.
The problem: While
a licensee could appeal in Superior Court a revocation order by the licensing
agency, the court would grant a stay of the revocation only if the licensee
could demonstrate that it was “likely to prevail” in court. A licensee who
failed to meet that difficult standard would lose its license – and essentially
be out of business – until the court ordered reinstatement.
That situation has been
particularly untenable for contractors, whose licenses can be pulled by the
Registrar of Contractors in as few as 20 days, and for whom disputes can be
especially complicated and meeting the “likely to prevail” standard highly
unlikely in a brief hearing.
“Near-impossible.”
Fortunately, in its Mehta ruling, the Court of Appeals found that
requiring a licensee “to demonstrate at the inception of the review process a
significant probability of success asks the near-impossible. Except in the most
egregious instances of agency error, this effort will fail.”
Instead, the Court ruled
that issuing a stay should be based on the licensee’s showing of “good cause”
and “some degree of merit.” The Court also ruled that a licensee need not
demonstrate that it would suffer “irreparable harm” if the revocation is not
stayed.
New standards. In
defining the new standards for staying a license revocation, the Court cited
Oregon’s two-pronged test for substantive merit:
-
a “colorable claim of
error” – i.e., an assertion by the licensee that “is seemingly valid,
genuine, or plausible, under the circumstances of the case” – and
-
a showing by the
licensee that revoking its license would pose greater harm to the licensee
than the staying of the revocation would pose to the licensing agency.
For contractors, the
Mehta ruling means that, upon satisfying the test for substantive merit,
they can continue to operate under their existing license until they have their
day in court.
Subscribe
|
Article Index |
