Ariz. Admin. Code § R17-1-707 - Denial of a Request for Advertising or Sponsorship; Administrative Hearing; Time-frames

A. An advertiser or sponsor whose request for placement of advertising or sponsorship content is denied by the Department may request an administrative hearing in connection with the denial, or any other action taken by the Department in connection with the rules prescribed in this Article, as provided under A.R.S. Title 41, Chapter 6, Article 6, and Article 5 of this Chapter, as applicable.

B. If the Department denies a request for placement of advertising or sponsorship content, the Department or its contractor shall send written notification of the denial to the advertiser or sponsor within five calendar days of denying a request for placement of advertising or sponsorship content. Written notification of the denial shall state:

1. The Department's reason for the denial, citing all applicable supporting statutes or rules;

2. The advertiser's or sponsor's right to request a hearing under A.R.S. § 41-1065 to contest the Department's decision; and

3. The time-frame for requesting a hearing with the Department's Executive Hearing Office as prescribed under A.R.S. § 41-1065 and Article 5 of this Chapter.

C. If an advertiser or sponsor requests a hearing, the Department shall hold the hearing according to the procedures provided under A.R.S. Title 41, Chapter 6, Article 6, this Article, and 17 A.A.C. 1, Article 5, as applicable. The Department shall:

1. Schedule a hearing within 30 calendar days after receiving a written request for a hearing from an advertiser or sponsor;

2. Provide to the advertiser or sponsor who requested a hearing, a notice of the scheduled date and time of the hearing at least 20 calendar days before the date set for the hearing, as prescribed under A.R.S. § 41-1061;

3. Ensure that the presiding officer makes a written determination of the presiding officer's decision or order, including findings of fact and conclusions of law, within 10 calendar days after concluding the hearing; and

4. Mail a copy of the written determination to the advertiser or sponsor who requested the hearing.

D. The scope of the hearing shall be limited to a determination of whether the Department possessed grounds to take the action indicated in the notice of action provided by the Department in connection with the rules prescribed in this Article.

Notes

Ariz. Admin. Code § R17-1-707

Adopted by final rulemaking at 24 A.A.R. 657, effective 5/7/2018.