Ariz. Admin. Code § 12-17-106

Current through Register Vol. 30, No. 50, December 13, 2024

Section R12-17-106 - Hearings

A. Evidence.

1. The Commission shall receive, review, and consider only evidence relevant to the matter being heard.

2. At the beginning of the hearing, the Presiding Officer shall announce the time when evidence will no longer be accepted for consideration.

B. Any person acting as a party may be represented by legal counsel or may proceed without legal counsel.

C. A party may respond and present evidence and arguments on all relevant issues.

1. The Presiding Officer may exclude evidence if its probative value is outweighed by the danger of unfair prejudice; confusion of the issues; or considerations of undue delay, waste of time, or needless presentation of cumulative evidence.

2. If any Commissioner objects to a ruling by the Presiding Officer regarding the exclusion of evidence, the entire Commission shall vote on the ruling.

D. The Presiding Officer shall exercise reasonable control over the manner and order of examining witnesses and presenting evidence to ascertain the truth, avoid needless consumption of time, and protect witnesses from harassment or undue embarrassment. The Presiding Officer shall determine:

1. The order in which parties will testify,

2. The time limit for testimony, if any, and

3. The order and duration of questions that a party may ask a witness.

E. If any Commissioner objects to the Presiding Officer's ruling on a procedural motion, the entire Commission shall vote on the motion.

F. The Commission shall, as a whole, rule on any motion involving a matter of law or fact.

G. The Presiding Officer may, for good cause, continue or reschedule any hearing before the Commission.

H. Public participation.

1. The Commission shall provide an opportunity for public comment regarding any item on the hearing agenda.

2. The Presiding Officer may establish time limits for public comments.

3. The Presiding Officer may exclude any person if the person disrupts or obstructs a hearing or willfully refuses to comply with an order of the Presiding Officer.

Ariz. Admin. Code § R12-17-106

New Section made by final rulemaking at 11 A.A.R. 3300, effective October 1, 2005 (Supp. 05-3).