Ariz. Admin. Code § R4-16-103 - Rehearing or Review of Board Decision
A. In a contested case or appealable agency
action, a party aggrieved by an order of the Board may file a written motion
for rehearing or review with the Board under A.R.S. Title 41, Chapter 6,
Article 10, specifying the grounds for rehearing or review.
2.1. A motion for
rehearing or review shall be filed with the Board and served no later than 30
days after the decision of the Board.
3.
2. For purposes of this
Section, "service" has the same meaning as in A.R.S. §
41-1092.09.
4.
3. For
purposes of this Section, a document is deemed filed when the Board receives
the document.
5.
4. For purposes of this Section, "party" has the same
meaning as in A.R.S. §
41-1001.
1. Except as provided in
subsection (B), any party in a contested case may file a written motion for
rehearing or review of the Board's decision, specifying generally the grounds
upon which the motion is based.
B. Except as provided in
subsection (H), a party is required to file a motion for rehearing or review of
a Board decision to exhaust the party's administrative remedies.
C. A party may amend a motion for rehearing
or review at any time before the Board rules on the motion.
D. The Board may grant a rehearing or review
for any of the following reasons materially affecting a party's rights:
1. Irregularity in the proceedings or an
order or abuse of discretion, that deprives the moving party of a fair
hearing;
2. Misconduct of the
Board, its staff, administrative law judge, or the prevailing party;
3. Accident or surprise that could have not
been prevented by ordinary prudence;
4. Newly discovered material evidence that
could not, with reasonable diligence, have been discovered and produced at the
hearing;
5. Excessive
penalty;
6. Error in the admission
or rejection of evidence or other errors of law occurring at the hearing or
during the progress of the proceedings;
7. The decision is the result of a passion or
prejudice; or
8. The findings of
fact or decision is not justified by the evidence or is contrary to
law.
E. The Board may
grant a rehearing or review to all or any of the parties and on all or part of
the issues for any of the reasons in subsection (D). The Board may take
additional testimony, amend findings of fact and conclusions of law, or make
new findings and conclusions, and affirm, modify, or reverse the original
decision. The Board shall specify the particular grounds for any order
modifying a decision or granting a rehearing. If a rehearing or review is
granted, the rehearing or review shall cover only the matters specified in the
order.
F.
A rehearing or review, if granted, shall be a
rehearing or review only of the question upon which the decision is found
erroneous. An order granting a rehearing or review shall specify with
particularity the grounds for the order.
G. Not later than 15 days
after a decision is issued, the Board on its own initiative may order a
rehearing or review for any reason that it might have granted a rehearing or
review on motion of a party. After giving the parties notice and an opportunity
to be heard on the matter, the Board may grant a timely-served motion for a
rehearing or review for a reason not stated in the motion. In either case, the
Board shall specify in the order the grounds for the rehearing or
review.
H. If, in a particular decision, the Board
makes a specific finding that the immediate effectiveness of the decision is
necessary for the preservation of the public health, safety, or welfare, the
decision may be issued as a final decision without an opportunity for rehearing
or review.
I. 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:
1. Is not a party
to:
a. A Board administrative action,
decision, or proceeding; or
b. A
court proceeding for judicial review of a Board decision under A.R.S.
§§
12-901
through
12-914;
and
2. Is not entitled
to seek rehearing or review of a Board action or decision under this
Section.
Notes
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