Ariz. Admin. Code § 20-5-907

Current through Register Vol. 30, No. 49, December 6, 2024

Section R20-5-907 - Hearing Procedure on Denied Variation, Modification, or Renewal of Variation; Review

A. A request for hearing on denied variation, modification, or renewal of variation form must be completed in writing and received by the Director no later than 30 days after the issuance of the denied variation request.

B. The Department has the burden of proof to establish the application, modification, or renewal for variation does not satisfy the requirements established in A.R.S. § 23-241(A).

C. An Administrative Law Judge shall preside over hearings held under this Section and shall apply the provisions of A.R.S. § 41-1062 to hearings held under this Section and shall have the authority and power of a presiding officer as described in A.R.S § 41-1062.

D. The Chief Counsel of the Commission, or a designee, shall represent the Division in hearings held under this Section.

E. Except as otherwise provided by law, a party to a hearing may appear on its own behalf or through an authorized legal representative. When an authorized legal representative appears or intends to appear before the Commission, the representative shall file a notice of appearance with the Commission.

F. Upon the completion of a hearing, the ALJ shall issue an order either affirming, modifying, or reversing the denied variation, modification, or renewal of variation.

G. The order issued by the ALJ after the hearing is final unless within thirty days after the date of service of an order a party requests review.

H. A party may request review of the ALJ order by filing with the ALJ a written request for review.

I. Upon the completion of a review, the ALJ shall issue an order upon review either affirming, modifying, or reversing the ALJ order no later than 30 days after receiving a request for review.

J. The order upon review is final unless an action is commenced pursuant to A.R.S. § 12-904.

Ariz. Admin. Code § R20-5-907

Adopted effective May 27, 1977 (Supp. 77-3). R20-5-907 recodified from R4-13-907 (Supp. 95-1). Section expired pursuant to A.R.S. § 41-1056(E), filed in the Office of the Secretary of State February 4, 2000 (Supp. 00-1). New Section made by final rulemaking at 30 A.A.R. 2130, effective 8/5/2024.