Ariz. Admin. Code § 7-2-705

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

Section R7-2-705 - Hearings and Evidence

A. Parties may participate in the hearing in person or through an attorney.

B. The parties may submit proposed findings of fact and conclusions of law prior to the hearing. The presiding officer or hearing body may require that the parties submit proposed findings of fact and conclusions of law prior to the hearing or at the close of evidence.

C. A hearing in a contested case shall be conducted in an informal manner and without adherence to the rules of evidence required in judicial proceedings. Irrelevant, immaterial or unduly repetitious evidence shall be excluded. A party to such proceedings may be represented by counsel and shall have the right to submit evidence in open hearing and conduct cross examination. Hearings may be held in any location or manner determined by the Board.

D. Copies of documentary evidence may be received in the discretion of the presiding officer. Upon request, the parties shall be given an opportunity to compare the copy with the original.

E. Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the specialized knowledge of the hearing body. Parties shall be notified either before or during the hearing or by reference in preliminary reports or otherwise of the material noticed including any staff memoranda or data and they shall be afforded an opportunity to contest the material so noticed. The hearing body's experience, technical competence and specialized knowledge may be utilized in the evaluation of the evidence.

F. If a party fails to appear at a hearing, the hearing body may proceed with the presentation of the evidence of the appearing party.

Ariz. Admin. Code § R7-2-705

New Section adopted by final rulemaking at 7 A.A.R. 48, effective December 15, 2000 (Supp. 00-4). Amended by exempt rulemaking at 23 A.A.R. 725, effective 1/23/2017. Amended by final exempt rulemaking at 27 A.A.R. 2353, effective 9/27/2021.