Ariz. Admin. Code § 12-5-218

Current through Register Vol. 30, No. 50, December 13, 2024

Section R12-5-218 - Rehearing of Decision

A. As specified A.R.S. § 37-301(C), a request for rehearing shall be filed with the State Land Commissioner, State Land Department, Phoenix, and shall specify the particular grounds for rehearing. A rehearing of the decision may be granted for any of the following reasons materially affecting the requesting party's rights:

1. Irregularity in the proceedings or any order or abuse of discretion that deprived the requesting party of a fair hearing;

2. Misconduct of the Commissioner, Departmental employees, the 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 remedies;

6. Error in the admission or rejection of evidence or other errors of law; or

7. The decision is not justified by the evidence or is contrary to law.

B. On review of the request for rehearing, the Commissioner may affirm 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.

Ariz. Admin. Code § R12-5-218

Adopted effective August 2, 1994 (Supp. 94-3). Section repealed; new Section made by final rulemaking at 11 A.A.R. 92, effective February 5, 2005 (Supp. 04-4).