A. Scope. This
Article, Title 6, Title 32, Chapters 9 and 36, and Title 44, Chapter 2.1 of the
Arizona Revised Statutes govern administrative hearings before the Department.
The Department shall use the authority of A.R.S. Title 41, Chapter 6, Article
10, the Office of Administrative Hearings' procedural rules and this Article to
govern the initiation and conduct of administrative hearings. In an
administrative hearing, special procedural requirements in state statute or
another Section in this Article shall also govern the proceedings unless the
requirements are inconsistent with either A.R.S., Title 41, Chapter 6, Article
10, the Office of Administrative Hearings' rules, or this Article. Except as
otherwise provided in Section
R20-4-1220 for
rulemaking petitions, this Article does not apply to rulemaking or to
investigative proceedings before the Director. Unless expressly applicable by
rule or statute, the Arizona Rules of Civil Procedure do not apply to
administrative hearings.
B. In
addition to the definitions provided in A.R.S. §§
41-1001
and
41-1092,
the following terms apply to this Article:
"Administrative Hearing" means an appealable agency action
as defined by A.R.S. §
41-1092(3) or a contested case as defined by A.R.S.
§
41-1001(5) subject to A.R.S. Title 41, Chapter 6,
Article 10.
"Attorney General" means the Attorney General of Arizona,
and the Attorney General's assistants and special agents.
"Department" means the Arizona Department of Insurance and
Financial Institutions - Financial Institutions Division.
"Director" has the meaning stated at A.R.S. §
20-102.
"Party" has the meaning prescribed at A.R.S. §
41-1001(16) and includes any person or entity subject to
the jurisdiction of the Department under A.R.S. Title 6, Title 32 - Chapter 9,
Title 32 - Chapter 36, and Title 44 - Chapter 2.1.
Notes
Ariz. Admin.
Code §
R20-4-1201
Adopted effective
February 7, 1978 (Supp. 78-1). R20-4-1201 recodified from R4-4-1201 (Supp.
95-1). Amended by final rulemaking at 7 A.A.R. 4262, effective September 12,
2001 (Supp. 01-3). Amended by final rulemaking at
28
A.A.R. 3620, effective 1/1/2023.
