Ariz. Admin. Code § R17-1-512 - Rehearing and Judicial Review

A. A party may file a written motion for rehearing with the executive hearing office, stating in detail the reasons a rehearing should be granted.

B. Unless otherwise provided by statute, a motion for rehearing is timely if received by the Executive Hearing Office within the later of:

1. Fifteen days after the date of in-person service of the administrative hearing decision, or

2. Fifteen days after the mailing date of the administrative hearing decision.

C. A timely motion for rehearing stays an agency action, other than:

1. A summary suspension under A.R.S. § 41-1064(C), or

2. An agency action sustained under subsection (J).

D. An administrative law judge may grant a rehearing for any of the following reasons materially affecting a party's rights:

1. Irregularity in the proceedings of the Arizona Department of Transportation or the Division, or any order or abuse of discretion, that deprived the moving party of a fair hearing;

2. Misconduct of the Arizona Department of Transportation or the Division, 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 hearing;

5. Excessive penalty;

6. Error in the admission or rejection of evidence or other errors of law occurring at the hearing or during the progress of the proceedings;

7. That the administrative hearing decision is a result of passion or prejudice; or

8. That the findings of fact or decision is not justified by the evidence or is contrary to law.

E. An administrative law judge may affirm or modify an administrative hearing decision or grant a rehearing to all or any of the parties on all or part of the issues for any of the reasons in subsection (D). An order modifying an administrative hearing decision or granting a rehearing shall specify the grounds for the order.

F. An administrative law judge may order a rehearing for a reason in subsection (D).

G. An administrative law judge may require the filing of written briefs on the issues raised in a motion for rehearing.

H. When a motion for rehearing is based upon affidavits, they shall be served with the motion. An opposing party may, within 15 days after service, serve opposing affidavits. An administrative law judge may extend this period for a maximum of 20 days for good cause as described in subsection (I) or by written stipulation of the parties. Reply affidavits may be permitted at the discretion of the administrative law judge.

I. An administrative law judge may extend the time limits in subsections (A) and (H) upon a showing of good cause. A party demonstrates good cause by showing that the grounds for the party's motion or other action could not have known in time, using reasonable diligence, and a ruling on the motion will:

1. Further administrative convenience, expedition, or economy; or

2. Avoid undue prejudice to any party.

J. An administrative law judge shall issue an administrative hearing decision as a final decision without an opportunity for a rehearing if the administrative law judge makes specific findings that:

1. The public health, safety, and welfare require immediate effectiveness of the administrative hearing decision; and

2. A rehearing of the decision is impractical, unnecessary, or contrary to the public interest.

K. A party may appeal or request judicial review of a final administrative hearing decision in the Superior Court of Arizona as provided by statute.

Notes

Ariz. Admin. Code § R17-1-512

New Section recodified from R17-4-912 at 7 A.A.R. 3477, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 7 A.A.R. 4133, effective September 13, 2001 (Supp. 01-3). Former R17-1-512 renumbered to R17-1-513 ; new R17-1-512 renumbered from R17-1-511 and amended by final rulemaking at 13 A.A.R. 4598, effective February 3, 2008 (Supp. 07-4).