Ariz. Admin. Code § 20-5-1312

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

Section R20-5-1312 - Hearing Process

A. A referral of a request for hearing under R20-5-1311(L) shall be processed as provided for in the Act unless all parties agree to participate in the fast track process.

B. The following applies only to the Fast Track ALJ Dispute Resolution Program:

1. Parties must agree to participate in the Fast Track ALJ Dispute Resolution Program with the understanding that a short form decision will be issued.

2. Review by the presiding ALJ shall be limited to the treatment or service dispute considered at the administrative review under R20-5-1311.

3. The presiding ALJ shall issue a notice of hearing within 10 business days of the receipt of the fully executed agreement to participate and certificate of readiness.

4. The hearing shall be held within 30 calendar days from the day that the notice of hearing is issued to the extent practicable.

5. Discovery is limited to five interrogatories and no depositions are permitted.

6. The presiding ALJ shall take all lay witness testimony at the time of the hearing and will not hold any further hearings.

7. The presiding ALJ shall consider documentary medical evidence only; no medical testimony shall be taken.

8. Medical file review opinions shall be deemed to constitute substantial evidence to support the requested treatment or service.

9. All documentary evidence shall be submitted no later than 10 business days before the scheduled hearing.

10. The hearing shall be recorded, but not transcribed, unless one or more of the parties files a request for review under A.R.S. § 23-942 and A.R.S. § 23-943.

11. The presiding ALJ shall issue a short form decision within five business days after the matter is deemed submitted.

Ariz. Admin. Code § R20-5-1312

Adopted by final rulemaking at 22 A.A.R. 1730, effective 10/1/2016.