A. The Commissioners shall have all powers
necessary or appropriate to conduct a fair, full, and impartial hearing,
including the following:
1. To administer
oaths and affirmations;
2. To rule
upon offers of proof and receive relevant evidence;
3. To provide for discovery and to determine
its scope;
4. To regulate the
course of the hearing and the conduct of the parties and their counsel
therein;
5. To consider and rule
upon procedural requests;
6. To
hold conferences for the settlement or simplification of the issues by consent
of the parties;
7. To make, or to
cause to be made, an inspection of the employment or place of employment
involved;
8. To make decisions in
accordance with A.R.S. §§
23-405(5),
23-411,
23-412, and
23-945; and
9. To take any other appropriate action
authorized by the Act, this Section, or A.R.S. §
23-945.
B.
Contumacious
conduct; failure or refusal to appear or obey the rulings of the
Commission.
1. Insubordinate conduct
at any hearing before the Commission shall be grounds for exclusion from the
hearing.
2. If a witness or a party refuses
to answer a question after being directed to do so, or refuses to obey an order
to provide or permit discovery, the Commission may make such orders with regard
to the refusal as are just and appropriate, including an order denying an
application of an applicant or regulating the contents of the record of the
hearing.
C. If a
witness or a party refuses to answer a question after being directed to do so,
or refuses to obey an order to provide or permit discovery, the Commission may
make such orders with regard to the refusal as are just and appropriate,
including an order denying an application of an applicant or regulating the
contents of the record of the hearing.
C.D. On any
procedural question not regulated by this Section, the Act, or A.R.S. §
23-945, Commission shall be guided
to the extent practicable by any pertinent provisions of the Occupational
Safety and Health Rules of Procedure.
Notes
Ariz. Admin.
Code §
R20-5-663
Adopted as an
emergency effective October 29, 1980, pursuant to A.R.S. §
41-1003,
valid for only 90 days (Supp. 80-5). Former Section R4-13-665 adopted as an
emergency effective October 29, 1980, renumbered and adopted as Section
R4-13-663 effective March 2, 1981 (Supp. 81-2). R20-5-663 recodified from
R4-13-663 (Supp. 95-1). Amended by final rulemaking at
30
A.A.R. 2109, effective 6/6/2024.
