Ariz. Admin. Code § R13-11-110 - Rehearing or Review of Decision
A. An applicant may seek a review or
rehearing of a Board decision that results from an administrative hearing by
submitting a written request for a review or rehearing to the Board within 30
days after the date the decision is served. The Board shall grant a request for
review or rehearing for any of the following reasons materially affecting the
rights of the applicant:
1. The findings of
fact, conclusions of law, or decision are not supported by the evidence or are
contrary to law;
2. The applicant
was deprived of a fair hearing due to irregularity in the proceedings, abuse of
discretion, or misconduct by the hearing officer;
3. Newly discovered material evidence exists
that could have a bearing on the decision and that could not have been
discovered and produced earlier using the effort expected from a reasonable
person under the circumstances; or
4. Error in admission or rejection of
evidence or other errors of law occurring at the hearing.
B. The applicant shall specify in the request
under subsection (A) the grounds for a review or rehearing and provide
reasonable evidence that the applicant's rights were materially
affected.
C. The Board or its
hearing officer may take additional testimony; amend or make new findings of
fact and conclusions of law; and affirm, modify, or reverse the original
decision.
D. A rehearing or review,
if granted, shall be a rehearing or review only of the issue upon which the
decision is found erroneous. The Board shall specify in the order granting or
denying a rehearing or review, the basis for the order.
Notes
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