Ariz. Admin. Code § 7-2-703

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

Section R7-2-703 - Contested Cases; Notice; Hearing Records

A. In a contested case, the parties shall be afforded an opportunity for hearing after reasonable notice. The notice shall be given at least 20 days prior to the date set for the hearing.

B. The notice shall include:

1. A statement of the time, place and nature of the hearing.

2. A statement of the legal authority and jurisdiction under which the hearing is to be held.

3. A reference to the particular sections of the statutes and rules involved.

4. A short and plain statement of the matters asserted. If a party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter upon application a more definite and detailed statement shall be furnished.

C. Opportunity shall be afforded all parties to respond and present evidence and argument on the issues involved.

D. The Board may dispose of any contested case by decision or approved stipulation, agreed settlement, consent agreement or by default.

E. A hearing before a hearing body in a contested case or any part thereof shall be recorded manually or by a recording device and shall be transcribed on request of any party, unless otherwise provided by law. The cost of such transcript shall be paid by the party making the request, unless otherwise provided by law or unless assessment of the cost is waived by the Board.

F. The Board or the presiding officer may reschedule the hearing, maintaining due regard for the interests of justice and the orderly and prompt conduct of the proceedings.

G. The record in a contested case shall include:

1. All pleadings, motions and interlocutory rulings.

2. Evidence received or considered, including confidential evidence received in executive session.

3. A statement of matters officially noticed.

4. Objections and offers of proof and rulings thereon.

5. Proposed findings of fact, conclusions of law and and recommendations of the hearing body.

6. All staff memoranda, other than privileged communications, or data submitted to the hearing body in connection with its consideration of the case.

7. A victim impact statement, if submitted by the victim.

H. Findings of fact shall be based exclusively on the evidence and on matters officially noticed.

Ariz. Admin. Code § R7-2-703

New Section adopted by final rulemaking at 7 A.A.R. 48, effective December 15, 2000 (Supp. 00-4). Amended by exempt rulemaking at 21 A.A.R. 1775, effective 5/20/2013. Amended by final exempt rulemaking at 27 A.A.R. 2353, effective 9/27/2021.