Ariz. Admin. Code § R4-26-308 - Rehearing or Review of Decision
A.
Except as provided in subsection (G), any party in a contested case or
appealable agency action before the Board who is aggrieved by a Board order or
decision 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 particular grounds for rehearing or review. For purposes of this
subsection, service is complete on personal service or five days after the date
that a Board order or decision is mailed to the party's last known
address.
B. A motion for rehearing
or review may be amended at any time before it is ruled upon by the Board. A
party may file a response within 15 days after service of the motion or amended
motion by any other party. The Board may require written briefs regarding the
issues raised in the motion and may provide for oral argument.
C. The Board may grant rehearing or review of
a Board order or decision for any of the following causes materially affecting
the moving party's rights:
1. An irregularity
in the administrative proceedings of the agency, its hearing officer, or the
prevailing party, or any order or abuse of discretion that caused the moving
party to be deprived of a fair hearing;
2. Misconduct of the Board, its hearing
officer, or the prevailing party;
3. An accident or surprise that could not be
prevented by ordinary prudence;
4.
Newly discovered material evidence that could not with reasonable diligence be
discovered and produced at the original hearing;
5. Excessive or insufficient
penalties;
6. An error in the
admission or rejection of evidence or other errors of law occurring at the
administrative hearing or during the progress of the case; or
7. The order or decision is not justified by
the evidence or is contrary to law.
D. The Board may affirm or modify a Board
order or decision or grant a rehearing or review to all or any of the parties,
on all or part of the issues, for any of the reasons specified in subsection
(C). An order granting a rehearing or review shall specify the grounds on which
the rehearing or review is granted, and the rehearing or review shall cover
only the matters specified.
E. Not
later than 30 days after a Board order or decision is rendered, the Board may
on its own initiative order a rehearing or review of its order or decision for
any reason specified in subsection (C). After giving the parties or their
counsel notice and an opportunity to be heard on the matter, the Board may
grant a motion for rehearing or review for a reason not stated in the
motion.
F. When a motion for
rehearing or review is based on affidavits, the party shall serve the
affidavits with the motion. An opposing party may, within 15 days after
service, serve opposing affidavits. The Board for good cause or by written
agreement of all parties may extend the period for service of opposing
affidavits to a total of 20 days. Reply affidavits are permitted.
G. If the Board finds that the immediate
effectiveness of a Board order or decision is necessary to preserve public
peace, health, or safety and that a rehearing or review of the Board order or
decision is impracticable, unnecessary, or contrary to the public interest, the
Board order or decision may be issued as a final order or decision without an
opportunity for a rehearing or review. If a Board order or decision is issued
as a final order or decision without an opportunity for rehearing or review,
any application for judicial review of the order or decision shall be made
within the time permitted for final orders or decisions.
H. For purposes of this Section, "contested
case" is defined in A.R.S. §
41-1001
and "appealable agency action" is defined in A.R.S. §
41-1092.
I. A person who files a complaint with the
Board against a licensee:
1. Is not a party
to:
a. A Board administrative action,
decision, or proceeding; or
b. A
court proceeding for judicial review of a Board decision under A.R.S.
§§
12-901
through
12-914;
and
2. Is not entitled
to seek rehearing or review of a Board action or decision under this
Section.
Notes
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