Ariz. Admin. Code § R12-4-607 - Proceedings for License Revocation, Suspension, or Denial of Right to Obtain a License, and Civil Damages
A.
The Director may commence a proceeding for the Commission to revoke, suspend or
deny a license under A.R.S. §§
17-236,
17-238,
17-334,
17-340,
17-362,
17-363,
and
17-364.
The Director may also commence a proceeding for the Commission to impose a
civil penalty under A.R.S. §
17-314.
B. The Commission shall conduct a hearing
concerning revocation, suspension, or denial of the right to obtain a license
in accordance with the Administrative Procedure Act, A.R.S. Title 41, Chapter
6, Article 10. In a proceeding conducted under A.R.S. §
17-340,
a respondent shall limit testimony to facts that show why the license should
not be revoked or denied. Because the Commission does not have the authority to
consider or change the conviction, a respondent is not permitted to raise this
issue in the proceeding. The Commission shall permit a respondent to offer
testimony or evidence relevant to the Commission's decision to impose a civil
penalty or order a civil action for the recovery of wildlife parts.
C. If a respondent does not appear for a
hearing on the date scheduled, at the time and location noticed, no further
opportunity to be heard shall be provided, unless a rehearing or review is
granted under
R12-4-608.
If the respondent does not wish to attend the hearing, the respondent may
submit written testimony to the Department before the hearing date designated
in the Notice of Hearing. The Commission shall ensure that written testimony
received at the time of the hearing is read into the record at the
hearing.
D. The Commission shall
base its decision on the officer's case report, a summary prepared by the
Department, a certified copy of the court record, and any testimony presented
at the hearing. The Department shall supply the respondent with a copy of each
document provided to the Commission for use in reaching a decision.
E. Any party may apply to the Commission for
issuance of a subpoena to compel the appearance of any witness or the
production of documents at any Commission hearing. No less than 10 calendar
days before the hearing, the party shall file a written application that
provides the name and address of the witness, the subject matter of the
expected testimony, the documents sought to be produced, and the date, time,
and place of the hearing. The Commission Chair has the authority to issue the
subpoenas.
1. A party shall have a subpoena
served as prescribed in the Arizona Rules of Civil Procedure, Rule 45. An
employee of the Department may serve a subpoena at the request of the
Commission Chair.
2. A party may
request that a subpoena be amended at any time before the deadline provided in
this Section for filing the application. The party shall have the amended
subpoena served as provided in subsection (E)(1).
F. The Commission may vote to use the
services of the office of administrative hearings to conduct a hearing
concerning revocation, suspension, or denial of the right to obtain a license
and to make a recommendation to the Commission, which shall review and accept,
reject or modify the recommendation and issue its decision in an open meeting.
When the Department receives a recommendation from the administrative law judge
at least 30 days prior to the next regularly scheduled Commission meeting, the
Department shall place the recommendation on the agenda for that meeting. A
recommendation from the administrative law judge received after this time shall
be considered at the next regularly scheduled open meeting.
Notes
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