Ariz. Admin. Code § 13-5-704

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

Section R13-5-704 - Rehearing of Council Decision Regarding Employees

A. Motion for rehearing.

1. Except as provided in subsection (C), any party in a contested case or appealable agency action may file a written motion for rehearing within 30 days after service of the decision. The requesting party shall specify the grounds for a rehearing, as provided in subsection (B). A respondent may file a response to the motion within 15 days after service.

2. A party filing a post-hearing motion shall include references to the record where appropriate.

3. The Council may require the parties to file written memoranda upon the issues raised in the motion and may permit oral argument.

4. The Council may grant a rehearing on all or part of the issues. If a rehearing is granted, the Council shall specify the grounds for the rehearing, and the rehearing shall cover only those matters.

B. Basis for a rehearing. The Council may grant a rehearing for any of the following causes:

1. The Council acted in an arbitrary or capricious manner or abused its discretion;

2. Misconduct of the Council or the prevailing party;

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

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

5. The decision was not supported by the evidence; or

6. The decision is contrary to law.

C. Decisions not subject to rehearing. The Council may issue a decision as final upon making a specific finding that a decision's immediate effectiveness is necessary for the preservation of the public peace, health, or safety, or that a rehearing of the decision is impractical, unnecessary, or contrary to the public interest.

Ariz. Admin. Code § R13-5-704

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2). Amended by final rulemaking at 9 A.A.R. 1619, effective July 5, 2003 (Supp. 03-2). Amended by final rulemaking at 23 A.A.R. 2564, effective 11/5/2017.