Ariz. Admin. Code § 9-1-103

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

Section R9-1-103 - Rehearing or Review of a Final Administrative Decision

A. A party who is aggrieved by a final administrative decision may file with the Director, not later than 30 calendar days after service of the final administrative decision, a written motion for rehearing or review of the final administrative decision specifying the grounds for rehearing or review.

B. A party filing a motion for rehearing or review under this Section may amend the motion at any time before it is ruled upon by the Director.

C. Any other party may file a response to the motion for rehearing or review in subsection (A) within 15 calendar days after the date the motion for rehearing or review is filed with the Director.

D. The Director may require that the parties file supplemental memoranda explaining the issues raised in a motion or response in subsection (A) or (C) and may permit oral argument.

E. The Director may grant a rehearing or review of the final administrative decision for any of the following reasons materially affecting the requesting party's rights:

1. Irregularity in the proceedings of the hearings or an abuse of discretion that deprived the party of a fair hearing,

2. Misconduct by the administrative law judge or the prevailing party,

3. Accident or surprise that could not have been prevented by ordinary prudence,

4. Newly discovered material evidence that could not with reasonable diligence have been discovered and produced at the original hearing,

5. Excessive or insufficient penalties,

6. Error in the admission or rejection of evidence or other errors of law occurring at the hearing, or

7. That the decision is not supported by the evidence or is contrary to law.

F. The Director shall rule on the motion for rehearing or review within 15 calendar days after a response to the motion is filed. If no response to the motion for rehearing or review is filed, the Director shall rule on the motion for rehearing or review within five calendar days after the expiration of the response period in subsection (C).

G. An order issued by the Director granting a rehearing or review shall specify the grounds for the rehearing or review.

Ariz. Admin. Code § R9-1-103

Adopted effective April 13, 1990 (Supp 90-2). Section repealed; new Section made by final rulemaking at 8 A.A.R. 3296, effective July 15, 2002 (Supp. 02-3). Amended by final expedited rulemaking at 26 A.A.R. 1224, effective 6/3/2020.