A.
For purposes of this Section the following terms
apply:
1.
"Contested case" and "party" are defined as provided
in A.R.S. §
41-1001 ;
2.
"Appealable agency action" is defined as provided in
A.R.S. §
41-1092(3) .
A. A party shall exhaust the party's
administrative remedies by filing a motion for rehearing or review as provided
in this Section. Failure to file a motion for rehearing or review within 30
days of service of the Commission's decision has the effect of prohibiting the
party from seeking judicial review of the Commission's decision.
B. A party in a contested case or appealable
agency action before the Commission may file a motion for rehearing or review
of a Commission decision, specifying the grounds upon which the motion is
based. The motion for rehearing or review shall be filed within 30 calendar
days after service of the Commission's decision. For purposes of this
subsection a decision is served when personally delivered or mailed by
certified mail to the party's last known residence or place of business.
C. A party may amend a motion for
rehearing or review at any time before the Commission rules upon the motion. A
written response to a motion for rehearing or review may be filed and served
within 15 days after service of the motion for rehearing or review. The
Commission may require that the parties file supplemental memoranda on any
issue raised in a motion or response, and allow for oral argument.
D. The Commission has the authority to grant
rehearing or review for any of the following causes materially affecting the
moving party's rights:
1. Irregularity in the
proceedings of the Commission, or any order or abuse of discretion that
deprived the moving party of a fair hearing;
2. Misconduct of the Commission, its staff,
an 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 during the proceeding; or
7. That the findings of fact or decision is
not justified by the evidence or is contrary to law.
E. The Commission may either deny the motion
for rehearing or review or grant a rehearing or review for any of the reasons
listed under subsection (E). The Commission's order granting a rehearing or
review shall specify the grounds for the order, and any rehearing shall cover
only those grounds upon which the rehearing or review was granted.
F. After giving the party notice and an
opportunity to be heard, the Commission may grant a motion for a rehearing or
review for a reason not stated in the motion.
F.
G. Within the time
frame for filing the motion for rehearing or review, the Commission may grant a
rehearing or review on its own initiative for any reason for which the
Commission may have granted relief on motion of a party.
H. When the Commission grants a rehearing or
review, the Commission shall hold the rehearing or review at its next regularly
scheduled meeting or within 90 days of issuance of the order granting the
rehearing or review. With the consent of the parties, the Commission may
proceed to conduct the rehearing or review in the same meeting in which the
Commission granted the rehearing or review.
G.
When a motion for rehearing or review is based upon
affidavits, the party shall serve the affidavits with the motion. An opposing
party may, within 10 calendar days after service, serve opposing affidavits.
The Commission may extend this period for no more than 20 calendar days for
good cause shown or by written stipulation of the parties. The Commission has
the authority to permit reply affidavits.
I. The Commission may take additional
testimony, amend findings of fact and conclusions of law, and affirm, modify or
reverse the original decision.
