Ariz. Admin. Code § 9-26-303

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

Section R9-26-303 - Rehearing or Review of Commission Decision

A. The Commission shall provide for a rehearing and review of its decisions under A.R.S. Title 41, Chapter 6, Article 10 and the rules established by the Office of Administrative Hearings.

B. A party may amend a motion for rehearing or review at any time before the Commission rules on the motion.

C. The Commission may grant a rehearing or review for any of the following reasons materially affecting a party's rights:

1. Irregularity in the proceedings or an order or abuse of discretion that deprived the moving party of a fair hearing;

2. Misconduct by the Commission, its staff, an administrative law judge, or the prevailing party;

3. Accident or surprise that could not have been prevented by ordinary prudence;

4. Newly discovered material evidence that could not, with reasonable diligence, have been discovered and produced at the hearing;

5. Excessive penalty;

6. Error in the admission or rejection of evidence or other errors of law occurring at the hearing or during the progress of the proceedings;

7. The Commission's decision is the result of passion or prejudice; or

8. The findings of fact or decision is not justified by the evidence or is contrary to law.

D. The Commission may affirm or modify a decision or grant a rehearing to all or any of the parties on all or part of the issues for any of the reasons in subsection (C). The Commission shall specify the particular grounds for any order modifying a decision or granting a rehearing.

E. When a motion for rehearing or review is based on affidavits, the affidavits shall be served with the motion. An opposing party may, within 15 days after service, serve opposing affidavits.

F. No later than 15 days after the date of a decision, after giving parties notice and an opportunity to be heard, the Commission may grant a rehearing or review on its own initiative for any reason for which it might have granted relief on motion of a party. The Commission may grant a motion for rehearing or review, timely served, for a reason not stated in the motion.

G. If a rehearing is granted, the Commission shall hold the rehearing within 60 days after the date on the order granting the rehearing.

H. If the Commission makes a specific finding that a particular decision needs to be effective immediately to preserve the public peace, health, or safety and that a review or rehearing of the decision is impracticable, unnecessary, or contrary to the public interest, the Commission shall issue the decision as a final decision without an opportunity for rehearing or review.

Ariz. Admin. Code § R9-26-303

Adopted effective May 12, 1986 (Supp. 86-3). Section repealed; new Section adopted by final rulemaking at 6 A.A.R. 3827, effective September 15, 2000 (Supp. 00-3). Renumbered from R9-26-516 by final rulemaking at 22 A.A.R. 1675, effective 8/15/2016.