Ariz. Admin. Code § 9-34-223

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

Section R9-34-223 - Motion for Rehearing or Review

Under A.R.S. § 41-1092.09, the Director shall grant a rehearing or review for any of the following reasons materially affecting an enrollee's rights:

1. Irregularity in the proceedings of a hearing that deprived an enrollee of a fair hearing;

2. Misconduct of AHCCCS, OAH, or a party;

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

4. The decision is the result of passion or prejudice;

5. The decision is not justified by the evidence or is contrary to law; or

6. Good cause is established for the nonappearance of the enrollee at the State Fair Hearing.

Ariz. Admin. Code § R9-34-223

New Section made by final rulemaking at 10 A.A.R. 828, effective April 3, 2004 (Supp. 04-1).