Ariz. Admin. Code § 6-14-413

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

Section R6-14-413 - Hearing Proceedings

A. The hearing is a de novo proceeding. The Department has the initial burden of presenting the evidence to support the adverse action being appealed.

B. The standard of proof is a preponderance of the evidence.

C. The Arizona Rules of Evidence do not apply at the hearing. The hearing officer may admit and give probative effect to evidence as prescribed in A.R.S. § 41-1062(A).

D. The Office of Appeals shall audio record all hearings. The Office of Appeals shall also transcribe the proceedings when a transcription is requested by the Appeals Board or when a transcription is required for judicial review under A.R.S. § 41-1993. If a transcript is prepared for any purpose, the appellant is entitled to a copy of the transcription at no cost.

E. A party may, at the party's own expense, arrange to have a court reporter present to transcribe the hearing, provided that such transcription does not delay or interfere with the hearing. The Office of Appeal's recording of the hearing shall constitute the official record of the hearing.

F. The hearing officer shall call the hearing to order and dispose of any prehearing motions or issues.

G. With the consent of the hearing officer, the parties may stipulate to factual findings or legal conclusions.

H. A party may advance arguments without undue interference.

I. A party may testify, present evidence, call witnesses, cross-examine adverse witnesses, and object to evidence. The hearing officer may also take witness testimony or admit evidence on the hearing officer's own motion.

J. The hearing officer shall keep a complete record of all proceedings in connection with an appeal.

K. The hearing officer may request the parties to submit memoranda on issues in the case if the hearing officer finds that the memoranda would assist the hearing officer in deciding the case. The hearing officer shall establish a briefing schedule for any required memoranda.

L. The recording of the hearing, all the evidence presented at the hearing and all papers and requests filed shall constitute the record and shall be available to the household or its representative at any reasonable time for copying and inspection.

Ariz. Admin. Code § R6-14-413

New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for for 180 days (Supp. 18-3). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.