Ariz. Admin. Code § 3-1-218

Current through Register Vol. 30, No. 49, December 6, 2024

Section R3-1-218 - Rehearing or Review of Decision; Basis

A. A party may file a motion for rehearing or review under A.R.S. § 41-1092.09.

B. The Director shall grant a rehearing or review of an administrative law judge's decision for any of the following causes materially affecting the moving party's rights:

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

2. There is newly discovered material evidence which could not with reasonable diligence have been discovered and produced at the original proceeding.

3. One or more of the following has deprived the party of a fair hearing:

a. Irregularity or abuse of discretion in the conduct of the proceeding;

b. Misconduct of the Department, the administrative law judge, or the prevailing party; or

c. Accident or surprise which could not have been prevented by ordinary prudence.

4. Excessive or insufficient sanction.

C. The Director may grant a rehearing or review to any or all of the parties. The rehearing or review may cover all or part of the issues for any of the reasons stated in subsection (B). An order granting a rehearing or review shall particularly state the grounds for granting the rehearing or review, and the rehearing or review shall cover only the grounds stated.

Ariz. Admin. Code § R3-1-218

Adopted effective April 11, 1994 (Supp. 94-2). Amended by final rulemaking at 8 A.A.R. 3194, effective July 10, 2002 (Supp. 02-3).