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STATE BD. OF REGENTS v. STATE PERSONNEL BD.

No. CV-98-0237-PR.

985 P.2d 1032 (1999)

195 Ariz. 173

ARIZONA STATE BOARD OF REGENTS on behalf of ARIZONA STATE UNIVERSITY, Television Station KAET, Charles Allen, Beth Vershure and Michael Wong, Plaintiffs-Appellees, v. ARIZONA STATE PERSONNEL BOARD; Anna Foster, Judy Barrett, Bill Bonnell, Hank Suverkrup, and Bill DeLong in their official capacity as Members of the Personnel Board, Defendants, Camille Kimball, Defendant-Appellant.

Supreme Court of Arizona, En Banc.

October 4, 1999.

Attorney(s) appearing for the Case

Paul J. Ward, General Counsel, Tempe Mary C. Stevens, Office of General Counsel Arizona State University and Cohen Kennedy Dowd & Quigley, P.C., Phoenix, By Ronald Jay Cohen, Daniel G. Dowd, Attorneys for Arizona State Board of Regents, Arizona State University, KAET, Charles Allen, Beth Vershure and Michael Wong.

Sundberg & Mousel, Phoenix, By Craig L. Mousel Attorneys for Arizona State Personnel Board, Anna Foster, Judy Barrett, Bill Bonnell, Hank Suverkrup and Bill DeLong.

Jeffrey F. Arbetman and Lubin & Enoch, P.C., Phoenix, By Stanley Lubin Attorneys for Camille Kimball.

Rogers & Whalen, Phoenix, By Thomas M. Rogers Donna H. Whalen, Attorneys for Amicus Curiae Arizona Chamber of Commerce.

OPINION.

MARTONE, Justice.

¶ 1 We granted review to decide whether the Administrative Procedure Act allows an agency to exempt itself from the rights to counsel and subpoena contained in A.R.S. § 41-1062 (1992). We hold that it does not.

I.

¶ 2 In May 1994, Camille Kimball, an employee of public television station KAET, a department of Arizona State University, complained to the United States Department of Labor that Arizona...

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