Ariz. Admin. Code § 20-5-663

Current through Register Vol. 30, No. 24, June 14, 2024

Section R20-5-663 - Industrial Commission; Powers and Duties

A. Powers. The Commissioners shall have all powers necessary or appropriate to conduct a fair, full, and impartial hearing, including the following:

1. To administer oaths and affirmations;

2. To rule upon offers of proof and receive relevant evidence;

3. To provide for discovery and to determine its scope;

4. To regulate the course of the hearing and the conduct of the parties and their counsel therein;

5. To consider and rule upon procedural requests;

6. To hold conferences for the settlement or simplification of the issues by consent of the parties;

7. To make, or to cause to be made, an inspection of the employment or place of employment involved;

8. To make decisions in accordance with A.R.S. §§ 23-405.5, 23-411, 23-412, and 23-945; and

9. To take any other appropriate action authorized by the Act, this Section, or A.R.S. § 23-945.

B. Contumacious conduct; failure or refusal to appear or obey the rulings of the Commission.

1. Contumacious conduct at any hearing before the Commission shall be grounds for exclusion from the hearing.

2. If a witness or a party refuses to answer a question after being directed to do so, or refuses to obey an order to provide or permit discovery, the Commission may make such orders with regard to the refusal as are just and appropriate, including an order denying an application of an applicant or regulating the contents of the record of the hearing.

C. Referral to Rules of Procedure for Occupational Safety and Health hearings. On any procedural question not regulated by this Section, the Act, or A.R.S. § 23-945, Commission shall be guided to the extent practicable by any pertinent provisions of the Rules of Procedure for Occupational Safety and Health hearings before the Industrial Commission of Arizona.

Ariz. Admin. Code § R20-5-663

Adopted as an emergency effective October 29, 1980, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 80-5). Former Section R4-13-665 adopted as an emergency effective October 29, 1980, renumbered and adopted as Section R4-13-663 effective March 2, 1981 (Supp. 81-2). R20-5-663 recodified from R4-13-663 (Supp. 95-1).