Ariz. Admin. Code § 2-17-114

Current through Register Vol. 31, No. 2, January 10, 2025

Section R2-17-114 - Notice of Hearing

A. If the Board conducts an administrative hearing, the Clerk shall set a date for the hearing no later than 60 days from the date the appellant filed the notice of appeal with the Department of Environmental Quality. The Clerk shall prepare and serve a notice of hearing as prescribed in A.R.S. § 41-1092.05. The Clerk may use the Notice of Hearing Form in Appendix B. If the Board uses the services of the Office of Administrative Hearings, the Clerk shall set the hearing date in consideration of and in conjunction with the Office of Administrative Hearings.

B. The notice of hearing shall contain the following information and statements:

1. The date, time, and place of the hearing;

2. The hearing will be on the appellant's notice of appeal from an action of the Department of Environmental Quality;

3. A.R.S. § 49-323 provides the authority and jurisdiction under which the hearing will be held;

4. The particular sections of the statutes and rules involved in the substantive appeal are A.R.S. §§ 49-323 - 49-324 and A.A.C. R2-17-101 et seq. The parties should also refer to procedural statutes and rules which may be applicable to this appeal, to the extent they do not conflict with Board statutes and rules, including A.R.S. §§ 41-1092.03 through 41-1092.12 and A.A.C. R2-19-101 through A.A.C. R2-19-122;

5. The hearing will be a full evidentiary hearing for the purpose of reviewing the grant, denial, modification, or revocation of any individual permit issued under A.R.S. Title 49, Chapter 2, the issuance, denial, or revocation of a determination pursuant to A.R.S. § 49-241(B) or (C), or the establishment of numeric values and data gap issues for pesticides under A.R.S. §§ 49-303 and 49-304;

6. The date the appellant filed the notice of appeal;

7. The name of the administrative law judge, if any, when known at the time the notice of hearing is served;

8. The Board may issue subpoenas on behalf of any party;

9. All parties may be represented by counsel, may introduce evidence through witnesses and documents, and may cross-examine witnesses of other parties;

C. The Clerk shall provide written notification that reasonable accommodation will be made for a person with a disability, if the accommodation is requested. The notification shall be served with the notice of hearing.

D. At least 30 days prior to the date of the hearing the Clerk shall serve a copy of the notice of hearing on each Board member, the administrative law judge, if any, and each party.

Ariz. Admin. Code § R2-17-114

Adopted effective January 8, 1998 (Supp. 98-1). Amended and renumbered from R2-17-115 by final expedited rulemaking at 27 A.A.R. 815, effective 5/5/2021.