Ariz. Admin. Code § 10-1-106

Current through Register Vol. 30, No. 45, November 8, 2024

Section R10-1-106 - Hearing procedure

A. An Assistant Attorney General dismissed pursuant to this Article may appeal such dismissal by filing a written appeal with the Attorney General no later than ten days after his or her notice of dismissal. The appeal shall state, in sufficient detail, specific responses to the cause or causes upon which the dismissal was based.

B. The Attorney General may file a written response to the appeal, which shall be filed within ten days from the receipt of the appeal. A copy of the response shall be sent to the Appellant.

C. Not later than the 15th of January of each year, the Attorney General shall appoint a Personnel Review Panel consisting of five lawyers who are members of the State Bar of Arizona. At least two members of the Panel shall have public law experience and at least one member shall have judicial experience. In the event of an appeal by an Assistant Attorney General of his or her dismissal, the Attorney General and the Appellant shall each be entitled to strike one member of the Personnel Review Panel. The three remaining members of the panel not stricken by either the Attorney General or the Appellant shall serve as the Personnel Review Committee for such appeal and shall render a decision as provided in this rule.

D. The Personnel Review Committee shall conduct a hearing on the appeal within 30 days after the appeal is filed unless the time is extended by mutual consent of the Appellant and the Attorney General. The hearing shall be informally conducted with technical rules of evidence not applying to the proceeding. Both parties may present witnesses and may cross-examine any witnesses called by the other party. The Committee, in its discretion, may call additional witnesses. Both parties shall be given ten days advance notice of the hearing. Not less than five days prior to the hearing each party shall provide the Committee and the opposing party with a list of all witnesses to be presented. All testimony given before the Committee shall be recorded and transcribed by a court reporter and entered as a part of the official record.

E. Either the Appellant or the Attorney General at his own expense may take the deposition of any witness who does not reside within the county or within 100 miles of the place where the hearing is to be held, is out of the state, or is too infirm to attend the hearing.

F. The Personnel Review Committee shall render its decision within 20 days after the conclusion of the hearing and shall at the same time send a copy of its decision to the Attorney General and the Appellant. The Committee shall prepare an official record of the hearing, including all testimony, all exhibits, and all other relevant documents.

G. The Personnel Review Committee may, with the consent of both parties, waive the hearing and render its decision based solely upon the written evidence.

Ariz. Admin. Code § R10-1-106

Adopted effective July 27, 1983 (Supp. 83-4).