Ariz. Admin. Code § 6-3-1504

Current through Register Vol. 30, No. 25, June 21, 2024

Section R6-3-1504 - Review of Appeal Tribunal Decisions

A. Petition for review.

1. Any appeal will be entertained. An interested party to an Appeal Tribunal decision may petition for review of the decision. Petition for review may be based upon one or more of the following grounds:

a. Irregularity on part of presiding officer or other party to proceedings.

b. Abuse of discretion on part of hearing officer whereby petitioner was deprived of a fair hearing.

c. Newly discovered evidence which could not with reasonable diligence have been discovered and produced at time of original hearing.

d. There was error in admission or exclusion of evidence in Tribunal hearing.

e. There was error in law in Tribunal hearing.

f. Other good and sufficient grounds.

2. The petition shall be in writing and must be filed within 15 calendar days after mailing of the decision. The petition must be signed by the appellant or the appellant's authorized agent. The petition may be filed personally or by mail through any public employment office in the United States or Canada or directly with the Department of Economic Security, Phoenix, Arizona. The Board shall mail copies of such petition to the other interested parties and to the Deputy.

B. Powers of the Board. Upon receipt of a timely petition for review, the Board shall be furnished the complete record of the case, including transcript unless the parties stipulate otherwise. Thereafter the Board may:

1. Affirm, reverse, modify or set aside the decision of the Appeal Tribunal on the basis of the record in the case, or

2. Order the taking of additional evidence, or

3. Issue a disposition in accordance with R6-3-1502(A).

C. Removal or referral to the Board

1. Referral to Board by Appeal Tribunal. In accordance with A.R.S. § 23-671(B), an Appeal Tribunal may refer any case before it or any question involved therein to the Board. Such referral shall be in writing, specifying the reasons therefor and signed by the Appeal Tribunal. The Board shall mail copies of such referral to all interested parties.

a. If the entire case is accepted by the Board, the Board shall be furnished the complete record of the case, including a transcript of any proceedings held. Thereafter, the Board may, after affording the parties reasonable opportunity for a fair hearing:

i. Affirm, reverse, modify or set aside the determination of the Deputy on the basis of the record in the case, or

ii. Order the taking of additional evidence, and decide the case.

b. If a question involved in a case is accepted by the Board, the Board shall be furnished with such information as the Board deems necessary to resolve the question. Thereafter the interested parties and the Appeal Tribunal shall be informed, in writing, of the Board's resolution of the question. Upon resolution of the question, the Appeal Tribunal shall proceed with the case.

2. Removal from Appeal Tribunal by Board. In accordance with A.R.S. § 23-671(D) and (E), the Board may remove to itself any matter before an Appeal Tribunal if the Tribunal decision has not become final. If such action is taken, the Board shall mail written notice of the removal to the interested parties. The Board shall be furnished the complete record of the case, including a transcript of any proceedings held. Thereafter, the Board may:

a. Set aside the decision of the Appeal Tribunal and remand the proceedings to another Appeal Tribunal for review and decision; or

b. Order the taking of additional evidence; or

c. Remove the proceedings to itself for review and decision; or

d. Order the taking of additional evidence, and affirm, reverse, modify or set aside the determination of the Deputy or the decision of the Appeal Tribunal.

Ariz. Admin. Code § R6-3-1504

Former Regulation 20-3; Amended as an emergency effective April 30, 1976 (Supp. 76-2). Amended effective August 3, 1978 (Supp. 78-4). Former Section R6-3-1504 repealed, new Section R6-3-1504 adopted as an emergency effective August 1, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-4). New Section R6-3-1504 adopted effective February 7, 1980 (Supp. 80-1). Amended subsection (A) effective September 23, 1980 (Supp. 80-5). Amended effective December 20, 1995 (Supp. 95-4).