Ariz. Admin. Code § 6-11-204

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

Section R6-11-204 - Hearing Procedures

A. Hearing officer duties.

1. Hearings will be conducted by an impartial official who has no personal involvement in the case and who was not directly involved in the initial determination of the action which is being contested.

2. The hearing official will be a state-level employee designated to conduct hearings and will:

a. Regulate and conduct the course of the hearing consistent with due process to insure an orderly hearing.

b. Insure all relevant issues are considered, and evidence not related to the issues is not allowed to become a part of the record.

c. Administer oaths or affirmations.

d. Request, receive, and make a part of the record all evidence determined necessary to decide the issues being raised.

e. Take notice of judicially cognizable facts or generally recognized technical or scientific facts within the agency's specialized knowledge.

f. Make a recommendation to the Director pursuant to A.R.S. § 41-1992(C).

B. Witnesses and subpoenas.

1. An interested party shall arrange for the presence of his witnesses at a hearing.

2. A notice to attend a hearing, or a subpoena, may be issued by the hearing officer on his own motion.

3. Subpoenas requiring the attendance of witnesses or the production of documentary evidence at a hearing may be issued by the hearing officer on his own motion or upon written application by an interested party. Such request shall contain the name of the individual or documents desired, the address at which the subpoena may be served, and a brief statement of the facts which the applicant expects to prove by the individual or documents requested. The application shall be submitted to the Department in sufficient time prior to the hearing to permit preparation and service of the subpoena before the hearing.

4. Witnesses subpoenaed who attend hearings shall be allowed fees at the same rate as paid by the superior court.

C. Consolidation of cases. When the same or substantially similar evidence is relevant and material to the issues in more than one case, proceedings thereon may be conducted jointly, a single record of the proceedings made and evidence introduced with respect to one case considered as introduced in the others, unless the hearing officer determines that such consolidation would be prejudicial to the interests or rights of any interested party.

D. Hearings. All interested parties shall be ready and present with all witnesses and documents at the time and place specified in the notice of hearing and shall be prepared at such time to dispose of all issues and questions involved in the appeal or petition.

1. Public hearings. All hearings shall be open to the public, but the hearing officer conducting a hearing may close the hearing to other than interested parties to the extent necessary to protect the interests and rights of the interested parties where confidential information as defined or protected by statute is offered into evidence.

2. Hearing rights. A party or its legal counsel must be given adequate opportunity to examine all documents and records to be used during the course of the hearing at a reasonable time before the date of the hearing, as well as during the hearing, and:

a. Receive a copy, without charge, of relevant portions of the case file if requested.

b. Present the case or have it presented by legal counsel.

c. Present witnesses.

d. Advance arguments without undue influence.

e. Question or refute any testimony or evidence, including an opportunity to confront and cross-examine adverse witnesses.

f. Submit evidence to establish all pertinent facts and circumstances in the case.

The subrecipient which issued the adverse action shall proceed initially and have the burden of proof in presenting the case before the hearing officer.

3. Record of the hearing. A full and complete record, including properly identified exhibits, shall be kept of all proceedings in connection with an appeal or petition, and such record shall be open for inspection by any interested party. When a transcript of the proceedings is made for the Department's use or for further proceedings, a copy may, upon written request, be furnished to interested parties who shall be charged therefor, or the charge may be waived if evidence of impecunious circumstances is presented.

4. Oral arguments and briefs. At the conclusion of any hearing, the interested parties shall be granted a reasonable opportunity to present argument on all issues of fact and law to be decided. The hearing officer shall afford interested parties an opportunity either to present oral argument or to file briefs, or both. The hearing officer may limit the time of the oral argument.

5. Continuances or reopenings. The hearing officer may, on his own motion or at the request of any interested party, upon a showing of good cause, continue the hearing to a future time or reopen a hearing before a decision is issued to take additional evidence.

Ariz. Admin. Code § R6-11-204

Adopted as an emergency effective October 1, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-5). Adopted as an emergency effective January 6, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-1). Former Section R6-11-204 adopted as an emergency effective January 6, 1984, now adopted without change as a permanent rule effective April 5, 1984 (Supp. 84-2).