Ariz. Admin. Code § 4-39-503

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

Section R4-39-503 - Rehearing or Review of Board's Decision

A. The Board shall provide for a rehearing and review of its decisions under A.R.S. Title 41, Chapter 6, Article 10 and the rules established by the Office of Administrative Hearings.

B. Except as provided in subsection (J), a party is required to file a motion for rehearing or review of a Board decision to exhaust the party's administrative remedies.

C. Any party aggrieved by a final administrative decision of the Board may file with the Board no later than 30 days after service of the decision, a written motion for rehearing or review of the decision specifying the particular grounds for the rehearing or review as provided in subsection (E).

D. A motion for rehearing or review may be amended at any time before the Board rules on the motion. A response may be filed by any other party within 15 days after a motion or amended motion is filed. The Board may require that written briefs be filed on the issues raised in the motion and may provide for oral argument.

E. The Board shall grant a rehearing or review of a decision for any of the following reasons that materially affect the moving party's rights:

1. Irregularity in the administrative proceedings or any order or abuse of discretion that deprived the moving party of a fair hearing;

2. Misconduct of the Board, the administrative law judge, or the prevailing party;

3. Accident or surprise that could not have been prevented by ordinary prudence;

4. Newly discovered material evidence that could not, with reasonable diligence, have been discovered and produced at the original hearing;

5. An excessive or insufficient penalty;

6. Error in the admission or rejection of evidence or other error of law occurring at the administrative hearing;

7. The Board's decision is the result of passion or prejudice; or

8. The findings of fact or decision are not justified by the evidence or is contrary to law.

F. The Board may affirm or modify a decision or grant a rehearing to all or any of the parties on all or part of the issues for any of the reasons in subsection (E). The Board shall specify the particular grounds for any order modifying a decision or granting a rehearing.

G. No later than 10 days after the date of a decision and after giving the parties or their counsel notice and an opportunity to be heard, the Board may grant a rehearing or review on its own initiative for any reason for which it might have granted relief on motion of a party. The Board may grant a motion for rehearing or review, timely served, for a reason not stated in the motion. A rehearing or review shall cover only those matters specified in the Board's order.

H. When a motion for rehearing or review is based on affidavits, the affidavits shall be filed and served with the motion. An opposing party may, within 15 days after service, file and serve opposing affidavits.

I. If a rehearing is granted, the Board shall hold the rehearing within 60 days after the date on the order granting the rehearing.

J. If the Board makes a specific finding that a particular decision needs to be effective immediately to preserve the public peace, health, or safety and that a review or rehearing of the decision is impracticable, unnecessary, or contrary to the public interest, the Board shall issue the decision as a final decision without an opportunity for rehearing or review.

Ariz. Admin. Code § R4-39-503

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.