Ariz. Admin. Code § R12-4-611 - Petition for a Hearing Before the Commission When No Remedy is Provided in Statute, Rule, or Policy

A. A person may request a hearing before the Commission when an administrative remedy does not exist under statute, rule, or policy by submitting a petition as prescribed by this Section.

B. Any individual who requests a hearing under this Section shall submit a petition as prescribed in this Section before the request for a hearing will be considered by the Commission.

C. B. A petitioner shall submit the petition form to the Arizona Game and Fish Department, Director's Office, 5000 W. Carefree Highway, Phoenix, AZ 85086. The petition form is furnished by the Department and is available at any Department office and on the Department's website. The petition form shall contain all of the following information:

1. Petitioner identification:

a. When the petitioner is a private person:

i. Name of person;

ii. Physical and mailing address, if different from the physical address;

iii. Contact telephone number; and

iv. Email, when available;

b. When the petitioner is a private group or organization:

i. Name of the person designated as the contact for the group or organization;

ii. Physical and mailing address, if different from the physical address;

iii. Contact telephone number;

iv. Email, when available; or

c. When the petitioner is a public agency:

i. Name of person,

ii. Name of agency,

iii. Petitioner's title,

iv. Agency's physical and mailing address, if different from the physical address,

v. Contact telephone number, and

vi. Email, when available;

2. Statement of Facts and Issues:

a. Description of issue to be resolved, and

b. Any facts relevant to resolving the issue;

3. Specific proposed remedy;

4. Petitioner's signature;

5. Date on which the petition was signed; and

6. Any other information required by the Department.

D. The petitioner shall ensure that the petition is typewritten, computer or word processor printed, or legibly handwritten, and double-spaced on 8 1/2" x 11" paper. The petitioner shall place the title "Petition for Hearing by the Arizona Game and Fish Commission" at the top of the first page. The petition shall include the items listed in subsections (E) through (H). The petitioner shall present the items in the petition in the order in which they are listed in this Section.

E. The petitioner shall ensure that the title of Part 1 is "Identification of Petitioner" and that Part 1 includes the following information, as applicable:

1. If the petitioner is a private person, the name, mailing address, telephone number, and e-mail address (if available) of the petitioner;

2. If the petitioner is a private group or organization, the name and address of the organization; the name, mailing address, telephone number, and e-mail address (if available) of one person who is designated as the official contact for the group or organization; the number of individuals or members represented by the private group or organization, and the number of these individuals or members who are Arizona residents. If the petitioner prefers, the petitioner may provide the names and addresses of all members; or

3. If the petitioner is a public agency, the name and address of the agency and the name, title, telephone number, and e-mail address (if available) of the agency's representative.

F. The petitioner shall ensure that the title of Part 2 is "Statement of Facts and Issues." Part 2 shall contain a description of the issue to be resolved, and a statement of the facts relevant to resolving the issue.

G. The petitioner shall ensure that the title of Part 3 is "Petitioner's Proposed Remedy." Part 3 shall contain a full and detailed explanation of the specific remedy the petitioner is seeking from the Commission.

H. The petitioner shall ensure that the title of Part 4 is "Date and Signatures." Part 4 shall contain:

1. The original signature of the private party or the official contact named in the petition, or, if the petitioner is a public agency, the signature of the agency head or the agency head's designee; and

2. The month, day, and year that the petition is signed.

I. C. If a petition does not comply with this Section, the Department shall:

1. Return the petition to the petitioner, and

2. Indicate in writing why the petition does not comply with this Section.

J. D. After the Department receives a petition that complies with this Section, the Department shall place the petition on the agenda of a regularly scheduled Commission meeting.

K. E. If the Commission votes to deny a petition, the Department shall not accept a subsequent petition on the same issue, unless the petitioner presents new evidence or reasons for considering the subsequent petition.

L. F. This Section does not apply to the following:

1. An action related to a license revocation, suspension, denial, or civil penalty;

2. An unsuccessful hunt permit-tag draw application that did not involve an error on the part of the Department; or

3. The reinstatement of a bonus point, except as authorized under R12-4-107(M).

Notes

Ariz. Admin. Code § R12-4-611

New Section made by final rulemaking at 10 A.A.R. 2245, effective July 6, 2004 (Supp. 04-2). Amended by final rulemaking at 16 A.A.R. 1465, effective July 13, 2010 (Supp. 10-3). Amended by final rulemaking at 21 A.A.R. 3025, effective 1/2/2016. Amended by final expedited rulemaking at 24 A.A.R. 393, effective 2/6/2018.