Ariz. Admin. Code § 4-10-115

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

Section R4-10-115 - Rehearing or Review of a Board Decision

A. The Board shall provide for a rehearing or review of its decisions under A.R.S. Title 41, Chapter 6, Article 10 and the rules established by the Office of Administrative Hearings.

B. Except as provided in subsection (H), a party is required to file a motion for rehearing or review of a Board decision, within 30 calendar days after service of the decision, to exhaust the party's administrative remedies.

C. A motion for rehearing or review may be amended at any time before it is ruled on by the Board. A response may be filed within 15 calendar days after service of a motion or amended motion by any party. The Board may require the filing of written briefs regarding the issues raised in the motion and may provide for oral argument.

D. The Board may grant a rehearing or review for any of the following causes materially affecting the moving party's rights:

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

2. Misconduct of the Board or its staff, an administrative 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 penalties;

6. Error in the admission or rejection of evidence or other errors of law occurring at the administrative hearing or during the progress of the proceedings; or

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

E. The Board may affirm or modify the decision or grant a rehearing or review to any of the parties on all or part of the issues for any of the reasons in subsection (D). The Board shall specify the particular grounds for any order modifying a decision or granting a rehearing or review. If a rehearing or review is granted, the rehearing or review shall cover only the matters specified in the order. If a rehearing is granted, the Board shall hold the rehearing within 60 days after the date on the order granting the rehearing.

F. No later than 30 calendar days after the date of a decision and after giving the parties notice and an opportunity to be heard, the Board may, on its own initiative, order a rehearing or review of its decision for any reason for which it might have granted a rehearing or review on motion of a party. The Board may grant a motion for rehearing or review, timely served, for a reason not stated in the motion. An order granting a rehearing or review shall specify the grounds on which the rehearing or review is granted.

G. When a motion for rehearing or review is based on affidavits, they shall be served with the motion. An opposing party may, within 20 calendar days after service, serve opposing affidavits. This time may be extended for an additional period not exceeding 20 calendar days by the Board when there is a showing of good cause or written stipulation of the parties. Reply affidavits may be permitted.

H. If the Board makes a specific finding that a particular decision needs to be effective immediately to preserve public peace, health, or safety and that a rehearing or review of the decision is impractical, unnecessary, or contrary to the public interest, the Board may issue the decision as a final decision without an opportunity for rehearing or review.

I. A Board order is final on expiration of the time for filing a motion for review or rehearing or on denial of a motion for review or rehearing, whichever is later. A party that has exhausted the party's administrative remedies may appeal a final order of the Board under A.R.S. Title 12, Chapter 7, Article 6.

J. A person that files a complaint with the Board against a licensee or registrant:

1. Is not a party to:

a. A Board administrative action, decision, or proceeding; or

b. A court proceeding for judicial review under A.R.S. Title 12, Chapter 7, Article 6; and

2. Is not entitled to seek rehearing or review of a Board action or decision under this Section.

Ariz. Admin. Code § R4-10-115

New Section R4-10-115 renumbered from Section R4-10-112 by final rulemaking at 5 A.A.R. 1791, effective 5/18/1999 (Supp. 99-2). Amended by final rulemaking at 26 A.A.R. 3123, effective 1/31/2021(Supp. 20-4). Amended by final rulemaking at 30 A.A.R. 527, effective 5/6/2024.