Legislature favored in turf battle with board that oversees universities

Arizona Attorney General Mark Brnovich announces a lawsuit against the Arizona Board of Regents on Sept. 8./Photo by Katie Campbell/Arizona Capitol Times

AG rules against regents, concludes Legislature can set university tuition rates

By Howard Fischer | Capitol Media Services via Arizona Capitol Times

Attorney General Mark Brnovich issued a legal opinion December 7 saying that, with only narrow exceptions, the Legislature has “unrestricted’’ authority to redefine the powers and duties of the Arizona Board of Regents.

That opens the door to ongoing efforts by Rep. Mark Finchem, R-Oro Valley, to rein in the board.

More to the point, Brnovich said he reads prior Supreme Court rulings to say that the Legislature itself could set tuition, wresting that power away from the regents.

And if lawmakers opted to do that, it would make the regents’ legal arguments defending their tuition-setting policies legally moot.


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