Ariz. Admin. Code § R20-5-1541 - Request for Review of Decision Upon Hearing
A. A party may request review of a Commission
decision upon hearing issued under R20-5-1540 by filing with the Commission a
written request for review no later than 15 days after the decision upon
hearing is served upon the parties. A decision upon hearing under R20-5-1540 is
deemed final if a request for hearing is not received by the Commission within
the time specified in this subsection.
B. A request for review of a Commission
decision upon hearing must be based upon one or more of the following grounds
materially affecting the rights of the requesting party:
1. Irregularities in the hearing proceedings
or any order or abuse of discretion that deprives a party seeking review of a
fair hearing;
2. Misconduct of the
prevailing party;
3. Accident or
surprise, which could not have been prevented;
4. Newly discovered material evidence that
could not have been discovered with reasonable diligence and produced at the
hearing;
5. Error in the admission
or rejection of evidence, or errors of law occurring at, or during the
hearing;
6. Bias or prejudice of
the Division or Commission; or
7.
The decision upon hearing is not justified by the evidence or is contrary to
law.
C. The request for
review shall state the specific facts and law in support of the request and
shall specify the relief sought.
D.
Upon the completion of a review, the Commission shall issue a decision upon
review either affirming, modifying, or reversing the decision upon hearing no
later than 30 days after receiving a request for review. The decision of the
Commission shall be made by a majority vote of the quorum of Commission members
present at a public meeting. The decision upon hearing shall comply with the
provisions of A.R.S. §
41-1063.
E. The Commission's decision upon review is
final unless a party seeks judicial review as provided in A.R.S. §
23-946.
Notes
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