Ariz. Admin. Code § 6-11-205

Current through Register Vol. 30, No. 50, December 13, 2024

Section R6-11-205 - Hearing Decisions

A. Decisions.

1. The hearing officer shall issue a recommendation in accordance with A.R.S. § 41-1992.

2. All evidence, including records and documents of the Department which the hearing officer makes a part of the record of the hearing shall be considered in determination of the case. Every decision shall be in writing or stated in the record and shall be accompanied by findings of fact and conclusions of law.

3. The recommendation shall be issued not later than 60 days after the filing of the request for hearing unless the time limit is waived by all interested parties in writing or on the record. A party may request a Director's Review when a recommendation has not been issued within 60 days of the request for hearing and the time limit has not been waived.

3. A copy of such recommendation, together with an explanation of rehearing and reconsideration rights, shall be delivered or mailed to each interested party or its attorney of record.

4. The recommendation of the hearing officer shall become the decision of the Department upon approval by the Director, and the decision shall become final unless a request for reconsideration is filed within ten days after the decision is mailed or otherwise delivered to the interested parties.

6. Prior to approving the recommendation, the Director may remand the case to the hearing officer for review and/or rehearing, specifying the nature of any additional issues to be considered. The Director may issue a decision which differs from the hearing officer's recommendation without remanding the case for review or rehearing.

B. Informal dispositions. An appeal or petition may be informally disposed of without further review on the merits:

1. By withdrawal, if the appellant withdraws the appeal in writing or on the record at any time before the recommendation is issued; or

2. By dismissal, if the appellant fails to file the appeal within the time permitted; or

3. By stipulation, if the parties agree on the record or in writing at any time before the recommendation is issued, subject to approval by the hearing officer; or

4. By default, if the appellant fails to appear or waives appearance at the scheduled hearing.

C. Rehearing

1. Except as provided in paragraph (7), a party may request a rehearing or review by filing a written motion specifying the particular grounds therefor. The motion must be filed within ten days after the recommendation was mailed or otherwise delivered. For purposes of this subsection, a recommendation shall be deemed to have been served when personally delivered or mailed to the party at its last known residence or place of business, or to its attorney of record.

2. A motion for rehearing under this rule may be amended at any time before it is ruled upon by the hearing officer. A response may be filed by any other party within ten days after service of such motion or amended motion. The hearing officer may require the filing of written briefs upon the issues raised in the motion and may provide for oral argument.

3. A rehearing of the recommendation may be granted for any of the following causes materially affecting the moving party's rights:

a. Irregularity in the administrative proceedings of the agency or its hearing officer or the prevailing party, or any order or abuse of discretion, whereby the moving party was deprived of a fair hearing;

b. Misconduct of the Department or its hearing officer or the prevailing party;

c. Accident or surprise which could not have been prevented by ordinary prudence;

d. Newly discovered material evidence which could not with reasonable diligence have been discovered and produced at the original hearing;

e. Excessive or insufficient penalties;

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

g. That the recommendation is not justified by the evidence or is contrary to law.

4. The hearing officer may affirm or modify the recommendation or grant a rehearing to all or any of the parties and on all or part of the issues for any of the reasons set forth in paragraph (3). An order granting a rehearing shall specify with particularity the ground or grounds on which the rehearing is granted, and the rehearing shall cover only those matters so specified.

5. Not later than ten days after a recommendation is rendered, the hearing officer may on his or her own initiative order a rehearing or review of its recommendation for any reason for which a rehearing might have been granted on motion of a party. After giving the parties or their counsel notice and an opportunity to be heard on the matter, the hearing officer may grant a motion for rehearing for a reason not stated in the motion. In either case, the order granting such a rehearing shall specify the grounds therefore.

6. When a motion for rehearing is based upon affidavits, they shall be served with the motion. An opposing party may within ten days after such service serve opposing affidavits, which period may be extended for an additional period not exceeding 20 days by the hearing officer for good cause shown or by written stipulation of the parties. Reply affidavits may be permitted.

7. If in a particular case the hearing officer makes specific findings that the immediate effectiveness of the recommendation is necessary for the immediate preservation of the public peace, health and safety and that a rehearing or reconsideration is impracticable, unnecessary or contrary to the public interest, the recommendation may be issued as a final decision by the Director without an opportunity for rehearing or reconsideration. If a recommendation is issued as a final decision without an opportunity for rehearing or reconsideration, any application for judicial review of the decision shall be made within the time limits permitted for applications for judicial review of the Department's final decisions.

8. For purposes of this Section the terms "contested case" and "party" shall be defined as provided in A.R.S. § 41-1001.

9. To the extent that the provisions of this rule are in conflict with the provisions of any statute providing for rehearing of decisions of the Department such statutory provisions shall govern.

D. Director's reconsideration

1. Except as provided in subsection (C)(7) above, a party may request a Director's reconsideration of an adverse hearing decision within ten calendar days after the decision was mailed or delivered.

2. The request for reconsideration must be in writing. It should set forth a statement of the grounds for reconsideration, and may be filed personally or by mail.

3. Except as provided in subsection (C)(7) above, upon timely filing of such a request, any action pursuant to the original decision shall be stayed until the Director's decision upon reconsideration is issued.

4. After receipt of a request, the Director will:

a. Remand the case for rehearing, specifying the nature of any additional evidence required and/or issues to be considered, or;

b. Decide the appeal on the record.

5. The Director's recommendation shall be the final recommendation.

6. A copy of the decision will be distributed to each interested party by regular mail.

Ariz. Admin. Code § R6-11-205

Adopted as an emergency effective October 1, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-5). Adopted as an emergency effective January 6, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-1). Former Section R6-11-205 adopted as an emergency effective January 6, 1984, now adopted and amended as a permanent rule effective April 5, 1984 (Supp. 84-2).