Ariz. Admin. Code § R2-17-101 - Scope of Article; General Considerations

A. These rules of procedure and the statutes and administrative rules governing administrative hearing procedures under Title 41, Chapter 6, Article 10, A.R.S. §§ 41-1092.03 through 41-1092.12 and A.A.C. R2-19-101 through A.A.C. R2-19-122 govern all appeals to the Water Quality Appeals Board taken under A.R.S. § 49-323. In case of a conflict, this Article governs when the Board directly conducts an administrative hearing whereas the procedures under Title 41, Chapter 6, Article 10 govern when the Board uses the services of the Office of Administrative Hearings, except that in all appeal hearings A.R.S. § 49-324(C) prescribes the standard of review.

B. Where a procedure is not established by law, this Article, or an order of the Board, the Board may refer to the Arizona Rules of Civil Procedure for guidance, but the Arizona Rules of Civil Procedure are not binding on the Board or the parties unless the Board issues an order to that effect.

Notes

Ariz. Admin. Code § R2-17-101

Adopted effective January 8, 1998 (Supp. 98-1). Amended by final expedited rulemaking at 27 A.A.R. 815, effective 5/5/2021.