Ariz. Admin. Code § 4-44-111

Current through Register Vol. 30, No. 50, December 13, 2024

Section R4-44-111 - Hearing Procedures

A. A hearing for suspension or debarment is a contested case as defined by A.R.S. § 41-1001(3), and the provisions of A.R.S. Title 41, Chapter 6, Article 6 (A.R.S. § 41-1061 et seq.) apply to those cases.

B. The hearing officer may:

1. Hold prehearing conferences to settle, simplify, or identify the issues in a proceeding, or to consider other matters that may aid in the expeditious disposition of the proceeding;

2. Require parties to state their positions concerning the various issues in the proceeding;

3. Require parties to produce for examination those relevant witnesses and documents under their control;

4. Rule on motions and other procedural items on matters pending before such officer;

5. Regulate the course of the hearing and conduct of participants;

6. Establish time limits for submission of motions or memoranda;

7. Impose appropriate sanctions against any person failing to obey an order under these procedures, which may include:

a. Refusing to allow the person to assert or oppose designated claims or defenses, or prohibiting that person from introducing designated matters in evidence;

b. Excluding all testimony of an unresponsive or evasive witness; and

c. Expelling a person from further participation in the hearing;

9. Take official notice of any material fact not appearing in evidence in the record, if the fact is among the traditional matters of judicial notice; and

10. Administer oaths or affirmations.

Ariz. Admin. Code § R4-44-111

Adopted effective July 23, 1993 (Supp. 93-3).