Ariz. Admin. Code § 6-12-1011

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

Section R6-12-1011 - Hearing Proceedings

A. Standard of review and burden of proof.

1. The hearing is a de novo proceeding. To prevail on appeal, the appellant must prove eligibility or entitlement to benefits by a preponderance of the evidence.

2. The Department has the initial burden of going forward with presentation of the evidence.

B. Appearance by parties and representatives.

1. An appellant may appear by telephone or submit a written statement under oath, instead of appearing personally at the hearing. The appellant shall file the personal statement with all other witness statements and documents the appellant wishes to offer in evidence, with the Office of Appeals before the time of the hearing.

2. The FAA worker, FAA supervisor, or FAA hearing specialist, or another appropriate person may testify for the Department at the hearing.

C. Evidence and argument.

1. The appellant may testify, present evidence, cross-examine witnesses, and present arguments.

2. The hearing officer shall exclude from the record any irrelevant evidence.

D. The record.

1. The hearing officer shall keep a full and complete record of all proceedings in connection with an appeal. The appellant or the appellant's designated representative may inspect the record on appeal at any reasonable time.

2. The Department need not transcribe the record unless it is required for further proceedings.

3. If the record is transcribed, the appellant is entitled to receive a copy at no charge.

Ariz. Admin. Code § R6-12-1011

Adopted effective November 9, 1995 (Supp. 95-4).