Ariz. Admin. Code § 10-4-109

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

Section R10-4-109 - Hearing; Request for Rehearing

A. If the prerequisites in R10-4-106 are met, the Board shall conduct a hearing regarding a claim submitted under this Article.

B. The Board shall provide a claimant with at least 10 business days' notice of a hearing or rehearing.

C. The Board shall provide written notice of its decision to the claimant within 10 business days after a hearing or rehearing.

D. The Board shall serve notice of a compensation-award denial or reduction by personal delivery or certified mail to the last known residence or place of business of the person being served. Service is complete upon personal delivery or five days after mailing by certified mail.

E. The operational unit may request a rehearing of a decision by the Board at any time and for any reason under this Article.

F. A claimant who is aggrieved by a decision of the Board made at a hearing may request a rehearing of the decision within 30 days after the Board serves notice of the decision. A claimant shall request a rehearing in writing and specify the grounds for the request.

G. A claimant may amend a request for a rehearing of a Board decision at any time before it is ruled on by the Board.

H. The Board may require additional written explanation of an issue raised in a request for rehearing of a Board decision and may provide for oral argument.

I. The Board shall grant a rehearing for any of the following reasons materially affecting a claimant's rights:

1. Irregularity in the proceedings of the Board or its operational unit or any order or abuse of discretion that deprived the claimant of a fair Board decision;

2. Misconduct of the Board, the operational unit, or staff of the operational unit;

3. Newly discovered material evidence that could not, with reasonable diligence, have been discovered and produced at the original Board meeting;

4. Error in the admission or rejection of evidence or other error of law occurring at the Board meeting; and

5. The decision is not justified by the evidence or is contrary to law.

J. When a rehearing is granted, the Board shall ensure that the rehearing covers only the matters specified under subsection (I) that materially affect a claimant's rights.

K. The Board may affirm or modify a decision on all or part of the issues for any of the reasons listed in subsection (I). An order modifying a decision shall specify with particularity the grounds for the order.

Ariz. Admin. Code § R10-4-109

Adopted effective December 31, 1986 (Supp. 86-6). Amended effective October 28, 1994 (Supp. 94-4). Former Section R10-4-109 renumbered to R10-4-107 by final rulemaking at 6 A.A.R. 4727, effective November 20, 2000 (Supp. 00-4). Section R10-4-109 renumbered from R10-4-107 and amended by final rulemaking at 13 A.A.R. 4124, effective January 5, 2008 (Supp. 07-4). Amended by final rulemaking at 18 A.A.R. 3309, effective February 3, 2013 (Supp. 12-4). Amended by final rulemaking at 24 A.A.R. 377, effective 4/7/2018. Section expired under A.R.S. § 41-1056(J) at 29 A.A.R. 1674, effective 6/1/2023. New Section made by emergency rulemaking at 29 A.A.R. 1700, effective 7/14/2023 (EMERGENCY). New Section made by emergency rulemaking at 30 A.A.R. 315, effective 1/22/2024, exp. 7/20/2024(Emergency). New Section made by final rulemaking at 30 A.A.R. 2405, effective 7/3/2024.