Ariz. Admin. Code § 13-11-110

Current through Register Vol. 30, No. 45, November 8, 2024

Section R13-11-110 - Rehearing or Review of Decision

A. An applicant may seek a review or rehearing of a Board decision that results from an administrative hearing by submitting a written request for a review or rehearing to the Board within 30 days after the date the decision is served. The Board shall grant a request for review or rehearing for any of the following reasons materially affecting the rights of the applicant:

1. The findings of fact, conclusions of law, or decision are not supported by the evidence or are contrary to law;

2. The applicant was deprived of a fair hearing due to irregularity in the proceedings, abuse of discretion, or misconduct by the hearing officer;

3. Newly discovered material evidence exists that could have a bearing on the decision and that could not have been discovered and produced earlier using the effort expected from a reasonable person under the circumstances; or

4. Error in admission or rejection of evidence or other errors of law occurring at the hearing.

B. The applicant shall specify in the request under subsection (A) the grounds for a review or rehearing and provide reasonable evidence that the applicant's rights were materially affected.

C. The Board or its hearing officer may take additional testimony; amend or make new findings of fact and conclusions of law; and affirm, modify, or reverse the original decision.

D. A rehearing or review, if granted, shall be a rehearing or review only of the issue upon which the decision is found erroneous. The Board shall specify in the order granting or denying a rehearing or review, the basis for the order.

Ariz. Admin. Code § R13-11-110

Section renumbered from R13-11-106 and amended by exempt rulemaking at 9 A.A.R. 4449, effective September 26, 2003 (Supp. 03-3). Former R13-11-110 renumbered to R13-11-112; new R13-11-110made by exempt rulemaking at 12 A.A.R. 4898, effective December 6, 2006 (Supp. 06-4). Amended by exempt rulemaking at 13 A.A.R. 3435, effective September 19, 2007 (Supp. 07-3). 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.