Ariz. Admin. Code § 6-5-7510

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

Section R6-5-7510 - Change of Hearing Officer; Challenges for Cause

A. A party may request a change of hearing officer as prescribed in A.R.S. § 41-1992(B) by filing an affidavit which shall include:

1. The case name and number;

2. The hearing officer assigned to the case; and

3. The name and signature of the party requesting the change.

B. The party requesting the change shall file the affidavit with the Office of Appeals and send a copy to all other parties at least five days before the scheduled hearing date.

C. Unless a party is challenging a hearing officer for cause as provided in subsection (D), a party may request only one change of hearing officer.

D. At any time before a hearing officer renders a decision, a party may challenge a hearing officer on the grounds that the hearing officer is not impartial or disinterested in the case.

E. A party who brings a challenge for cause shall file a request as provided in subsection (A) and send a copy of the request to all other parties. The request shall explain the reason why the assigned hearing officer is not impartial or disinterested.

F. The hearing officer being challenged for cause may hear and decide the challenge unless:

1. A party specifically requests that another hearing officer make the determination, or

2. The assigned hearing officer disqualifies himself or herself from the decision.

G. The Office of Appeals shall transfer the case to another hearing officer when:

1. A party requests a change as provided in subsections (A) through (C), or

2. A hearing officer is removed for cause as provided in subsections (D) through (F).

H. The Office of Appeals shall send the parties written notice of the new hearing officer assignment.

Ariz. Admin. Code § R6-5-7510

Adopted effective June 4, 1998 (Supp. 98-2).