Ariz. Admin. Code § 8-2-319

Current through Register Vol. 30, No. 38, September 20, 2024

Section R8-2-319 - Review and Appeal

A. Decisions, determinations, or disaster-specific guidance made during a specific State-Level Emergency shall not be construed as establishing any precedent for decisions, determinations, or disaster specific guidance for future State-Level Emergencies.

B. If an Applicant is aggrieved by an initial decision of the Director, the Applicant may request a review and reconsideration by the Director not later than 30 days of the decision in question. The Applicant's request for a review:

1. Must be made in writing;

2. Must contain a statement of all the material facts relied on by the Applicant; and

3. Must have attached copies of all documents relied on by the Applicant in making its request. The Director shall issue a final written decision of the Director's review and reconsideration providing a detailed explanation of the decision on the Applicant's request for a review within 60 days. If the review results in a final written decision that the Applicant is required to refund an amount to the Division, the Applicant shall refund the amount required within 60 days of the Director's written decision.

C. Any Applicant aggrieved by a final written decision rendered by the Director may appeal the Director's final written decision by submitting a written notice of appeal to the Adjutant General not later than 30 days after the date of the Director's final written decision. A notice of appeal must:

1. Contain a statement of all of the material facts relied on by the Applicant;

2. Set forth in detail each separate legal theory relied on by the Applicant, with citations to supporting authorities; and

3. Have attached copies of all documents relied on by the Applicant in making its appeal. The Adjutant General shall issue a written decision providing a detailed explanation of the decision on the Applicant's appeal within 60 days. If the appeal results in a written decision that the Applicant is required to refund an amount to the Division, the Applicant shall refund the amount required within 60 days of the Adjutant General's written decision.

D. When an appeal of a decision rendered by the Adjutant General is submitted to the Adjutant General, the Adjutant General shall contact the Office of Administrative Hearings (OAH) to schedule the case to be heard by OAH in accordance with A.R.S. § 41-1092 et seq. and A.A.C. R2-19-101 et seq.

E. Any judicial appeal of a final administrative decision heard by OAH as allowable pursuant to A.R.S. § 41-1092 et seq. and A.A.C. R2-19-101 et seq. shall be heard in the Superior Court of Maricopa County in accordance with A.R.S. § 12-910 et seq. and the Rules of Procedure for Judicial Review of Administrative Decisions.

Ariz. Admin. Code § R8-2-319

Adopted effective September 18, 1996 (Supp. 96-3). Amended by exempt rulemaking at 19 A.A.R. 4216, effective December 1, 2013. Renumbered from R8-2-320 and amended by final exempt rulemaking at 29 A.A.R. 238, effective 12/15/2022.