Ariz. Admin. Code § 21-1-311

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

Section R21-1-311 - Parties' Rights

A party to a hearing has the following rights:

1. The right to request a postponement of the hearing, as provided in A.A.C. R2-19-106(A)(2) and A.A.C. R2-19-110.

2. The right to a copy, before or during the hearing, of documents in the Department's file regarding the appellant, and documents the Department may use at the hearing, except documents:

a. Shielded by the attorney-client privilege;

b. Shielded by work-product privilege; or

c. Otherwise prohibited by federal or state confidentiality laws.

3. The right to file a motion with OAH to disqualify an ALJ from conducting a hearing as provided in A.R.S. § 41-1092.07(A);

4. The right to request subpoenas for witnesses and evidence as provided in A.A.C. R2-19-113;

5. The right to represent themselves or be represented by a licensed attorney, subject to any limitations prescribed in the Rules of the Supreme Court of Arizona, Rule 31;

6. The right to present evidence and to cross-examine witnesses; and

7. The right to further appeal, if dissatisfied with a decision.

Ariz. Admin. Code § R21-1-311

Adopted by exempt rulemaking at 21 A.A.R. 2554, effective 11/30/2015.