Ariz. Admin. Code § R3-11-904 - Rehearing or Review of Decisions
A. Except as provided in subsection (F), a
party who is aggrieved by a decision issued by the Board may file with the
Board, not later than 30 days after service of the decision, a written motion
for rehearing or review of the decision specifying the grounds for rehearing or
review. For purposes of this Section, a decision is considered to have been
served when personally delivered to the party's last known address or mailed by
certified mail to the party or the party's attorney.
B. A party filing a motion for rehearing or
review under this rule may amend the motion at any time before it is ruled upon
by the Board. Other parties may file a response within 15 days after the date
the motion for rehearing or review is filed. The Board may require that the
parties file supplemental memoranda explaining the issues raised in the motion
and may permit oral argument.
C.
The Board may grant a rehearing or review of the decision for any of the
following causes materially affecting the party's rights:
1. Irregularity in the proceedings of the
Board or an abuse of discretion, which deprived the party of a fair
hearing;
2. Misconduct of the Board
or its hearing officer 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
original hearing;
5. Excessive or
insufficient penalties;
6. Error in
the admission or rejection of evidence or other errors of law occurring at the
administrative hearing; or
7. That
the findings of fact or decision is not supported by the evidence or is
contrary to law.
D. The
Board may affirm or modify its decision or grant a rehearing to any party on
all or part of the issues for any of the reasons in subsection (C). An order
granting a rehearing or review shall specify the grounds for the rehearing or
review.
E. Not later than 30 days
after a decision is issued by the Board, the Board may, on its own initiative,
grant a rehearing or review of its decision for any of the reasons in
subsection (C). An order granting a rehearing shall specify the grounds for the
rehearing or review.
F. If the
Board makes specific findings that the immediate effectiveness of a decision is
necessary for the immediate preservation of public health and safety and
determines that a rehearing or review of the decision is impracticable,
unnecessary or contrary to the public interest, the decision may be issued as a
final decision without an opportunity for a rehearing or review. If a decision
is issued as a final decision without an opportunity for rehearing or review,
the aggrieved party shall make an application for judicial review of the
decision within the time limits permitted for an application for judicial
review of the Board's final decision at A.R.S. §
41-1092.02.
G. The Board shall rule on the motion for
rehearing or review within 15 days after the response has been filed, or at the
Board's next meeting after the motion is received, whichever is later. If a
motion for rehearing or review is granted, the Board shall hold the rehearing
or review within 90 days from the date the Board issues the order for rehearing
or review.
Notes
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