Ariz. Admin. Code § 6-12-1203

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

Section R6-12-1203 - Disqualification Proceedings; Hearing

A. If the suspected violator does not sign and return the waiver notice by the return date set in the waiver notice, the Office of Appeals shall send the suspected violator a notice of hearing. The Office of Appeals shall send the notice by certified mail, return receipt requested, no later than 30 days before the scheduled hearing date.

B. The notice of hearing shall include the following information:

1. The date, time, and place of the hearing;

2. The charges against the suspected violator;

3. A summary of the evidence supporting the charges;

4. The location where the suspected violator may examine the supporting evidence before the hearing;

5. A warning that the hearing officer shall render a decision based solely on the evidence which the Department offers if the suspected violator does not appear for the hearing;

6. An explanation of the suspected violator's right to show good cause for a failure to appear at the hearing and the procedure for doing so;

7. An explanation of the sanctions the Department shall impose if the hearing officer finds that the suspected violator committed an IPV;

8. A listing of the suspected violator's procedural rights;

9. A warning that the pending administrative hearing does not preclude other civil or criminal court action;

10. A statement advising of any free legal advice which may be available;

11. A statement explaining how to obtain a copy of the Department's published hearing procedures; and

12. A statement that the suspected violator may have the hearing postponed by contacting the hearing officer at least 10 days before the hearing date and asking for a postponement.

C. The hearing officer shall postpone a hearing for up to 30 days if the suspected violator files a written request for postponement with the hearing official no later than 10 days before the scheduled hearing date. Any such postponement days shall increase the time by which the hearing officer shall issue a decision, as provided in subsection (G) below.

D. At the start of the disqualification hearing, the hearing officer shall advise the suspected violator or representative of the right to remain silent during the hearing and the consequences of exercising that right.

E. A hearing officer, as prescribed in R6-12-1005, shall conduct the disqualification hearing pursuant to the procedures set forth in R6-12-1006, R6-12-1007, and R6-12-1011, except as prescribed in this subsection.

1. The suspected violator does not need to request a hearing as prescribed in R6-12-1006(B).

2. The standard of proof is clear and convincing.

3. So long as the Department sent an advance notice of hearing as provided in subsections (A) and (B) above, the hearing officer shall conduct the disqualification hearing even if the suspected violator or representative cannot be located or fails to appear at the hearing without good cause.

F. The Department shall prove by clear and convincing evidence that the household member committed an IPV.

G. No later than 90 days from the date of the notice of hearing, as increased by any postponement days, the hearing officer shall send to the suspected violator a written decision which shall conform to the requirements of R6-12-1012 and shall include the information described at R6-12-1204(C).

Ariz. Admin. Code § R6-12-1203

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