Ariz. Admin. Code § 12-4-611

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

Section R12-4-611 - Petition for a Hearing Before the Commission When No Remedy is Provided in Statute, Rule, or Policy

A. A person may request a hearing before the Commission when an administrative remedy does not exist under statute, rule, or policy by submitting a petition as prescribed by this Section.

B. A petitioner shall submit the petition form to the Arizona Game and Fish Department, Director's Office, 5000 W. Carefree Highway, Phoenix, AZ 85086. The petition form is furnished by the Department and is available at any Department office and on the Department's website. The petition form shall contain all of the following information:

1. Petitioner identification:

a. When the petitioner is a private person:

i. Name of person;

ii. Physical and mailing address, if different from the physical address;

iii. Contact telephone number; and

iv. Email, when available;

b. When the petitioner is a private group or organization:

i. Name of the person designated as the contact for the group or organization;

ii. Physical and mailing address, if different from the physical address;

iii. Contact telephone number;

iv. Email, when available; or

c. When the petitioner is a public agency:

i. Name of person,

ii. Name of agency,

iii. Petitioner's title,

iv. Agency's physical and mailing address, if different from the physical address,

v. Contact telephone number, and

vi. Email, when available;

2. Statement of Facts and Issues:

a. Description of issue to be resolved, and

b. Any facts relevant to resolving the issue;

3. Specific proposed remedy;

4. Petitioner's signature;

5. Date on which the petition was signed; and

6. Any other information required by the Department.

C. If a petition does not comply with this Section, the Department shall:

1. Return the petition to the petitioner, and

2. Indicate in writing why the petition does not comply with this Section.

D. After the Department receives a petition that complies with this Section, the Department shall place the petition on the agenda of a regularly scheduled Commission meeting.

E. If the Commission votes to deny a petition, the Department shall not accept a subsequent petition on the same issue, unless the petitioner presents new evidence or reasons for considering the subsequent petition.

F. This Section does not apply to the following:

1. An action related to a license revocation, suspension, denial, or civil penalty;

2. An unsuccessful hunt permit-tag draw application that did not involve an error on the part of the Department; or

3. The reinstatement of a bonus point, except as authorized under R12-4-107(M).

Ariz. Admin. Code § R12-4-611

New Section made by final rulemaking at 10 A.A.R. 2245, effective July 6, 2004 (Supp. 04-2). Amended by final rulemaking at 16 A.A.R. 1465, effective July 13, 2010 (Supp. 10-3). Amended by final rulemaking at 21 A.A.R. 3025, effective 1/2/2016. Amended by final expedited rulemaking at 24 A.A.R. 393, effective 2/6/2018.