Ariz. Admin. Code § R4-28-1310 - Rehearing or Review of Decision; Response; Decision
A. Unless otherwise provided by statute or
rule, any party to a hearing before the Office of Administrative Hearings who
is aggrieved by a decision rendered in a case may, pursuant to A.R.S. §
41-1092.09,
file with the Commissioner a written motion for rehearing or review of the
decision. The motion shall specify the particular grounds for rehearing or
review. The moving party shall serve copies upon all other parties. A motion
for rehearing or review under this Section may be amended at any time before
the Commissioner rules upon the motion.
B. A rehearing or review of the decision may
be granted for any one of the following causes that materially affect the
moving party's rights:
1. Irregularity in the
proceedings or any order or abuse of discretion by the administrative law judge
that deprived a party of a fair hearing;
2. Misconduct by the Department,
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
original hearing;
5. Excessive or
insufficient penalties;
6. Error in
the admission or rejection of evidence or other errors of law occurring during
the proceeding;
7. That the
findings of fact or decision is arbitrary, capricious, or an abuse of
discretion;
8. That the findings of
fact or decision is not supported by the evidence or is contrary to
law.
C. Presenting
specific grounds for rehearing or review, affidavits and relief sought.
1. Each party filing a motion for rehearing
or review shall specify in the motion which of the grounds listed in subsection
(B) the motion is based upon and shall set forth specific facts and law in
support of the rehearing or review. The party may cite relevant portions of
testimony by reference to pages or lines of the reporter's transcript of the
hearing or to the date and time range of the Office of Administrative Hearings
audio record, and may cite hearing exhibits by reference to the exhibit
number.
2. When a party files a
motion for rehearing or review based upon an affidavit, the person shall attach
the affidavit to the motion before filing the motion unless leave for later
filing of an affidavit is granted by the Commissioner. The leave may be granted
ex parte.
3. Each party filing a
motion for rehearing or review shall specify the specific relief sought by the
motion, such as a different decision or penalty, a new hearing, a dismissal of
the complaint, or other relief. A party may seek multiple forms of relief, in
the alternative.
D. Any
party may file a written response to the motion. An affidavit may be attached
to and filed with the response and shall not be later filed unless leave for
later filing of affidavits is granted by the Commissioner. The original
response shall be filed with the Department pursuant to
R4-28-102,
within 15 days after the date the motion for rehearing or review is filed, and
a copy shall be served upon all other parties to the hearing.
E. Within 30 days after a decision is
rendered, the Commissioner may, on the Commissioner's own initiative, order a
rehearing or review of a decision for any reason for which a motion for
rehearing or review might have been granted. The Commissioner shall specify the
grounds for rehearing or review in the order.
F. Upon review of a motion for rehearing or
review of the decision, and any response, the Commissioner shall issue a ruling
granting or denying the motion. If granted, the Commissioner may modify the
decision or grant a rehearing. An order granting a rehearing shall specify with
particularity the grounds on which the rehearing is granted, and the rehearing
shall cover only those matters specified. All parties to the hearing may
participate as parties at any rehearing.
Notes
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