Ariz. Admin. Code § R3-9-503 - Hearings
A. The Council
shall use the uniform administrative procedures of A.R.S. Title 41, Chapter 6,
Article 10 to govern any hearing before the Council.
B. A party may file a motion for rehearing or
review under A.R.S. §
41-1092.09.
C. The Council shall grant a rehearing or
review of an administrative law decision for any of the following causes
materially affecting the moving party's rights:
1. The decision is not justified by the
evidence or is contrary to law;
2.
There is newly discovered material evidence that could not with reasonable
diligence have been discovered and produced at the original
proceeding;
3. One or more of the
following deprived the party of a fair hearing:
a. Irregularity or abuse of discretion in the
conduct of the proceeding;
b.
Misconduct of the Council, the administrative law judge, or the prevailing
party; or
c. Accident or surprise
that could not have been prevented by ordinary prudence; or
4. Excessive or insufficient
sanction.
D. The Council
may grant a rehearing or review to any or all of the parties. The rehearing or
review may cover all or part of the issues for any of the reasons stated in
subsection (C). An order granting a rehearing or review shall particularly
state the grounds for granting the rehearing or review, and the rehearing or
review shall cover only the grounds stated.
Notes
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