Ariz. Admin. Code § R4-10-115 - Rehearing or Review of a Board Decision
A. The Board
shall provide for a rehearing or review of its decisions under A.R.S. Title 41,
Chapter 6, Article 10 and the rules established by the Office of Administrative
Hearings.
B. Except as provided in
subsection (H), a party is required to file a motion for rehearing or review of
a Board decision, within 30 calendar days after service of the decision, to
exhaust the party's administrative remedies.
C. A motion for rehearing or review may be
amended at any time before it is ruled on by the Board. A response may be filed
within 15 calendar days after service of a motion or amended motion by any
party. The Board may require the filing of written briefs regarding the issues
raised in the motion and may provide for oral argument.
D. The Board may grant a rehearing or review
for any of the following causes materially affecting the moving party's rights:
1. Irregularity in the administrative
proceedings or any order or abuse of discretion that deprived the moving party
of a fair hearing;
2. Misconduct of
the Board or its staff, an administrative hearing officer, or the prevailing
party;
3. Accident or surprise that
could not have been prevented by ordinary prudence;
4. Newly discovered material evidence that
could not with reasonable diligence have been discovered and produced at the
original hearing;
5. Excessive
penalties;
6. Error in the
admission or rejection of evidence or other errors of law occurring at the
administrative hearing or during the progress of the proceedings; or
7. A decision that is not justified by the
evidence or is contrary to law.
E. The Board may affirm or modify the
decision or grant a rehearing or review to any of the parties on all or part of
the issues for any of the reasons in subsection (D). The Board shall specify
the particular grounds for any order modifying a decision or granting a
rehearing or review. If a rehearing or review is granted, the rehearing or
review shall cover only the matters specified in the order. If a rehearing is
granted, the Board shall hold the rehearing within 60 days after the date on
the order granting the rehearing.
F. No later than 30 calendar days after the
date of a decision and after giving the parties notice and an opportunity to be
heard, the Board may, on its own initiative, order a rehearing or review of its
decision for any reason for which it might have granted a rehearing or review
on motion of a party. The Board may grant a motion for rehearing or review,
timely served, for a reason not stated in the motion. An order granting a
rehearing or review shall specify the grounds on which the rehearing or review
is granted.
G. When a motion for
rehearing or review is based on affidavits, they shall be served with the
motion. An opposing party may, within 20 calendar days after service, serve
opposing affidavits. This time may be extended for an additional period not
exceeding 20 calendar days by the Board when there is a showing of good cause
or written stipulation of the parties. Reply affidavits may be
permitted.
H. If the Board makes a
specific finding that a particular decision needs to be effective immediately
to preserve public peace, health, or safety and that a rehearing or review of
the decision is impractical, unnecessary, or contrary to the public interest,
the Board may issue the decision as a final decision without an opportunity for
rehearing or review.
I. A Board
order is final on expiration of the time for filing a motion for review or
rehearing or on denial of a motion for review or rehearing, whichever is later.
A party that has exhausted the party's administrative remedies may appeal a
final order of the Board under A.R.S. Title 12, Chapter 7, Article 6.
J. A person that files a complaint with the
Board against a licensee or registrant:
1. Is
not a party to:
a. A Board administrative
action, decision, or proceeding; or
b. A court proceeding for judicial review
under A.R.S. Title 12, Chapter 7, Article 6; and
2. Is not entitled to seek rehearing or
review of a Board action or decision under this Section.
Notes
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