Ariz. Admin. Code § 13-13-111

Current through Register Vol. 30, No. 44, November 1, 2024

Section R13-13-111 - Rehearing or Review of Decision

A. The Department shall provide for a rehearing and review of its decisions under A.R.S. Title 41, Chapter 6, Article 10 and the rules established by the Office of Administrative Hearings.

B. A party may amend a motion for rehearing or review at any time before the Department rules on the motion.

C. The Department may grant a rehearing or review for any of the following reasons materially affecting a party's rights:

1. Irregularity in the proceedings of the Department or any order or abuse of discretion that deprived the moving party of a fair hearing;

2. Misconduct of the Department, its staff, an administrative law judge, or the prevailing party;

3. Accident or surprise that could not have been prevented by ordinary prudence;

4. Newly discovered material evidence that could not, with reasonable diligence, have been discovered and produced at the hearing;

5. Excessive penalty;

6. Error in the admission or rejection of evidence or other errors of law occurring at the hearing or during the progress of the proceedings;

7. The Department's decision is a result of passion or prejudice; or

8. The finding of fact or decision is not justified by the evidence or is contrary to law.

D. The Department may affirm or modify a decision or grant a rehearing to all or any of the parties on all or part of the issues for any of the reasons in subsection (C). An order modifying a decision or granting a rehearing shall specify with particularity the grounds for the order.

E. When a motion for rehearing or review is based upon affidavits, the moving party shall serve the affidavits with the motion. An opposing party may, within 15 days after service, serve opposing affidavits. The Department may extend this period for a maximum of 20 additional days, for good cause as described in subsection (H).

F. Not later than 15 days after the date of a decision, after giving the parties notice and an opportunity to be heard, the Department may grant a rehearing or review on its own initiative for any reason for which it might have granted relief on motion of a party. The Department may grant a motion for rehearing or review, timely served, for a reason not stated in the motion.

G. If a rehearing is granted, the Department shall hold the rehearing within 60 days after the date on the order granting the rehearing.

H. The Department may extend all time limits listed in this Section upon a showing of good cause. A party demonstrates good cause by showing that the grounds for the party's motion or other action could not have been known in time, using reasonable diligence, and:

1. A ruling on the motion will further administrative convenience, expedition, or economy; or

2. A ruling on the motion will avoid undue prejudice to any party .

Ariz. Admin. Code § R13-13-111

New Section made by final rulemaking at 7 A.A.R. 2906, effective June 13, 2001 (Supp. 01-2). New Section R13-13-111 recodified from R17-9-111, at 20 A.A.R. 2083, effective July 25, 2014 (Supp. 14-3).