Ariz. Admin. Code § 13-11-106

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

Section R13-11-106 - Hearing Matters

A. Request to vacate or reschedule a hearing. To request that the Board or its hearing officer vacate or reschedule a hearing, an applicant shall submit a written request to the Board before the date of the scheduled hearing.

1. The Board or its hearing officer shall give the applicant written notice of whether the request to vacate or reschedule the hearing is vacated or rescheduled granted or denied. If the hearing is rescheduled, the Board or its hearing officer shall include in the notice the date of the rescheduled hearing.

2. Vacating a hearing. The Board or its hearing officer may vacate a hearing if:

a. The applicant no longer requires a good cause exception or central registry exception;

b. The applicant withdraws the application by submitting a written notice to the Board; or

c. Facts demonstrate to the Board or its hearing officer that it is appropriate to vacate the hearing for the purpose of administrative convenience, expediency, or economy and the action does not conflict with law or cause undue prejudice to any party.

3. Rescheduling a hearing. The Board or its hearing officer may reschedule a hearing if:

a. The applicant shows that attending the calendared hearing would cause excessive or undue prejudice or hardship.;

b. The applicant shows that attending the calendared hearing would be impossible, using the effort expected from a reasonable person under the circumstances; or

c. Facts demonstrate to the Board or its hearing officer that it is appropriate to reschedule the hearing for the purpose of administrative convenience, expediency, or economy and the action does not conflict with law or cause undue prejudice to any party.

B. Continuing a hearing. The Board or its hearing officer shall consider the following factors when ruling on a motion to continue a hearing:

1. The reasons for continuing the hearing; and

2. Whether the continuance will cause undue prejudice to any party.

C. Reconvening a hearing. The Board or its hearing officer may recess a hearing and reconvene at a future date by a verbal ruling.

D. Testimony by telephone or electronic means. An applicant who wishes to submit or have a witness submit testimony at a hearing by telephone or electronic means shall submit a written request to the Board before the time of the scheduled hearing. The Board or its hearing officer may allow the applicant or the applicant's witness to submit testimony by telephone or electronic means at the hearing if:

1. Personal attendance by the applicant or the applicant's witness at the hearing will present an undue hardship for the applicant or the applicant's witness;

2. Testimony by telephone or electronic means will not cause undue prejudice to any party; and

3. The applicant or the applicant's witness assumes the cost of testifying by telephone or electronic means.

E. Failure to appear. Absent good cause, if an applicant fails to appear at a scheduled hearing, the Board may deny a good cause exception or central registry exception to the applicant. The Board, using its discretion, shall determine whether good cause exists.

1. An applicant demonstrates good cause by showing that the applicant:

a. Could not have been present at the hearing using the effort expected from a reasonable person under the circumstances, or

b. Requested that the hearing be rescheduled under R13-11-106.

2. The Board shall not accept the applicant's failure to inform the Board of a change in address as grounds for good cause.

F. Board decision. The Board shall grant or deny a good cause exception or central registry exception within 80 days after the hearing.

Ariz. Admin. Code § R13-11-106

New Section R13-11-106 renumbered from R13-11-105 by exempt rulemaking at 9 A.A.R. 3744, effective August 1, 2003 (Supp. 03-3). Former Section R13-11-106 renumbered to R13-11-110; new Section R13-11-106made by exempt rulemaking at 9 A.A.R. 4449, effective September 26, 2003 (Supp. 03-3). Amended by exempt rulemaking at 18 A.A.R. 2146, effective August 8, 2012 (Supp. 12-3). Amended by final exempt rulemaking at 26 A.A.R. 2091, effective 9/30/2020.