A. Any party
aggrieved by an administrative decision may file with the Director, within time
limits and other procedural guidelines contained in A.R.S. §
41-1092.09,
a written motion for a rehearing or review of the decision specifying the
particular reason for the request.
B. A party filing a motion under this Section
may amend the motion at any time before a response to the motion is filed. An
amended motion tolls the time for filing a response and the time for rendering
a decision on the motion.
1. Irregularity in the hearing
proceedings, or any order or abuse of discretion whereby the party seeking
rehearing or review was deprived of a fair hearing;
2. Misconduct by the Director, the
hearing officer or any party to the hearing;
3. Accident or surprise which
could not have been prevented by ordinary prudence;
4. Newly discovered material
evidence which could not have been discovered with reasonable diligence and
produced at the hearing;
5. Excessive or insufficient
sanctions or penalties imposed;
6. Error in the admission or
rejection of evidence, or errors of law occurring at the hearing or during the
course of the hearing;
7. Bias or prejudice of the
Director or hearing officer;
8. That the order, decision, or
findings of fact are not justified by the evidence or are contrary to
law.
C. A request
for rehearing or review which is not timely filed is deemed waived for the
purpose of judicial review.
D. A
motion for rehearing shall specify which of the grounds listed in subsection
(G) it is based upon and shall set forth the specific facts and laws in support
of the motion. A motion may cite relevant portions of testimony from the
hearing if a transcript is provided with the motion and may cite hearing
exhibits by reference to the exhibit number. The motion shall specify the
relief sought by the request, such as a different finding of fact, conclusion
of law or order and may seek multiple forms of relief in the alternative. When
a motion for rehearing or review is based on an affidavit, the moving party
shall attach the affidavit to the motion.
E. A party may file a separate request for a
stay of the Director's decision pursuant to A.R.S. §
20-162(B).
Filing a stay request or a motion for rehearing does not stay an order filed by
the Director. The Director may stay an order pending the resolution of a motion
for rehearing or review.
F. Each
party served with a motion for rehearing or review shall be permitted to file a
written response within 15 days after the motion has been filed. Affidavits may
be attached to and filed with a response. A response may cite relevant portions
of testimony from the hearing if a transcript is provided with the response and
may cite hearing exhibits by reference to the exhibit number. The Director has
the discretion to hear oral argument to consider a request for rehearing or
review.
G. The Director may grant a
motion for rehearing or review for any of the following causes:
1. Irregularity in the proceedings before the
Department, in any order, or any abuse of discretion that deprives the moving
party of a fair hearing;
2.
Misconduct by the Department, the administrative law judge, or the prevailing
party;
3. Accident or surprise that
could not have been prevented by ordinary care;
4. Newly discovered material evidence that
could not reasonably have been discovered and produced at the original
hearing;
5. Excessive or
insufficient penalties;
6. Error in
admitting or rejecting evidence or other legal errors occurring at the hearing;
and
7. The decision is not
justified by the evidence or is contrary to law.
H. The Director may affirm or modify the
decision or grant a rehearing as to all or any of the parties and on all or
part of the issues for any reason listed in subsection (G). An order granting a
rehearing shall specify the reason for granting the rehearing, and the
rehearing shall cover only those matters specified.
I. The Director, within the time for filing a
motion for rehearing, may without a motion for rehearing, order a rehearing for
any reason that would allow the granting of a motion for rehearing by a party.
The order for rehearing, granted without a motion, shall specify the reason for
granting the rehearing.
J. The
Director may grant a motion for rehearing, timely served, for a reason not
stated in the motion. The order for rehearing, granted for a reason not stated
in the motion, shall specify the reason for granting the rehearing.
