Current through Register Vol. 30, No. 50, December 13, 2024
Section R4-19-608 - Rehearing or Review of DecisionA. A party may file a motion for rehearing or review of a decision under A.R.S. §§ 41-1092.09 and 32-1665.B. The Board may grant a rehearing or review of the decision for any of the following causes materially affecting the moving party's rights: 1. Irregularity in the administrative proceedings of the Board or the administrative law judge, or any order, or abuse of discretion, which deprived the moving party of a fair hearing;2. Misconduct of the Board, the administrative law judge, 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 penalties;6. Error in the admission or exclusion of evidence or other errors of law occurring during the pendency of the proceeding or at the administrative hearing; or7. The decision is not justified by the evidence or is contrary to law.C. Upon the Board's receipt of a motion for rehearing or review, the Board may affirm or modify the decision or grant a rehearing to all or any of the parties on all or part of the issues for any of the reasons in subsection (B). An order granting a rehearing shall specify with particularity the grounds for the order. Any rehearing shall cover only those specified matters.D. Within the time limits of A.R.S. § 41-1092.09, the Board may order a rehearing or review on its own initiative for any of the reasons in subsection (B). The Board shall specify the grounds for the rehearing or review in the order.E. When a motion for rehearing is based upon affidavits, they shall be served with the motion. An opposing party may, within 15 days of such service, serve opposing affidavits.Ariz. Admin. Code § R4-19-608
Adopted effective October 10, 1996 (Supp. 96-4). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 491, effective December 31, 2001 (Supp. 02-1). Section R4-19-608 renumbered from R4-19-614 and amended by final rulemaking at 9 A.A.R. 1288, effective June 3, 2003 (Supp. 03-2).