Ariz. Admin. Code § R4-9-118 - Prehearing Disclosure Requirement

A. Disclosure Statement. Before the hearing, a party must prepare a disclosure statement. The disclosure statement must contain:

1. A list of all the witnesses the party will call to testify, including the witnesses' contact information and a brief description of the subject matter of the witnesses' expected testimony; and,

2. A list of all the exhibits that the party will use at the hearing.

B. Exchanging Disclosure Statements and Exhibits.

1. Contents. A party to the hearing must serve on every other party and file with the Office of Administrative Hearings a copy of:

a. The disclosure statement; and,

b. Any exhibit that the party will use at the hearing.

2. Manner of Service and Filing. The service and filing requirement in (B)(1) of this section must be performed in accordance with Arizona Administrative Code R2-19-108 Filing Documents.

3. Timing of Service and Filing. The disclosure statement and the exhibits must be served and filed not less than seven calendar days before the date of the hearing.

C. Consequences for Failing to Disclose.

1. Administrative Law Judge's Discretion. If a witness or an exhibit was not timely disclosed as required under subsection (B) of this Rule, and good cause for the failure to disclose is not shown then the administrative law judge may:

a. Order that certain witnesses or exhibits not be used at the hearing;

b. Order that a particular fact is or is not established for the record; or,

c. Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

2. Administrative Record. Nothing in this Rule prohibits the administrative law judge from considering anything contained in the administrative record.

Notes

Ariz. Admin. Code § R4-9-118

Adopted by final rulemaking at 23 A.A.R. 2525, effective 11/5/2017.