Ariz. Admin. Code § 4-2-407

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

Section R4-2-407 - 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 Board shall grant a rehearing or review of a final administrative law decision for any of the following causes materially affecting the moving party's rights:

1. Irregularity in the administrative proceedings or abuse of discretion depriving the moving party of a fair hearing;

2. Misconduct of the Board, ALJ, or the prevailing party;

3. Accident or surprise that could not reasonably have been prevented;

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 rejection of evidence or other errors of law occurring at the administrative hearing or during the progress of the proceedings; or

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

C. The Board 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 § R4-2-407

Adopted effective December 26, 1995 (Supp. 95-4). Amended by final rulemaking at 9 A.A.R. 460, effective January 21, 2003 (Supp. 03-1). Amended by final rulemaking at 28 A.A.R. 395, effective 4/5/2022.