Ariz. Admin. Code § 4-39-502

Current through Register Vol. 30, No. 45, November 8, 2024

Section R4-39-502 - Hearings

A. The Board shall ensure that all hearings are conducted before the Board or an administrative law judge under A.R.S. Title 41, Chapter 6, Article 10.

1. Parties may stipulate to any facts that are not in dispute. A stipulation may be made in writing or orally by reading the stipulation into the record of the hearing. A stipulation is binding on the parties unless the Board grants a party permission to withdraw from the stipulation. The Board may, on its own motion, set aside a stipulation and proceed to ascertain the facts.

2. The Board may, on its own motion or at the request of a party, call a conference of the parties at any time to clarify procedures for the hearing or legal or factual issues involved.

3. By order of the Board, proceedings involving a common question of law or fact may be consolidated for hearing of any or all of the matters at issue.

B. If, after proper notice, a licensee fails to appear at any proceeding before the Board, the Board may render a decision based on the evidence and information available to the Board.

C. The decision of the Board is a final administrative decision under A.R.S. § 41-1092.08(F).

Ariz. Admin. Code § R4-39-502

Adopted effective May 21, 1985 (Supp. 85-3). Amended effective February 23, 1993 (Supp. 93-1). Section repealed; new Section made by final rulemaking at 8 A.A.R. 1947, effective April 2, 2002 (Supp. 02-2). Amended by final rulemaking at 22 A.A.R. 921, effective 6/4/2016.