A. A party may file a motion for rehearing or
review under A.R.S. §
41-1092.09
B. The Board shall grant a
rehearing or review of a final administrative law decision for any of the
following causes materially affecting the moving party's rights:
1. The decision is not justified
by the evidence or is contrary to law;
2. There is newly discovered
material evidence that could not with reasonable diligence have been discovered
and produced at the original proceeding;
3. One or more of the following
has deprived the party of a fair hearing:
a. Irregularity or abuse of
discretion in the conduct of the proceeding;
b. Misconduct of the Board, the
ALJ, or the prevailing party; or
c. Accident or surprise that could
not have been prevented by ordinary prudence; or
4. Excessive or insufficient
sanction.
1. Irregularity in
the administrative proceedings or abuse of discretion depriving the moving
party of a fair hearing;
2.
Misconduct of the Board, ALJ, or the prevailing party;
3. Accident or surprise that could not
reasonably have been prevented;
4.
Newly discovered material evidence that could not, with reasonable diligence,
have been discovered and produced at the original hearing;
5. Excessive or insufficient
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. The decision is not justified by the
evidence or is contrary to law.
C. The Board may grant a rehearing or review
to any or all of the parties. The rehearing or review may cover all or part of
the issues for any of the reasons stated in subsection (B). An order granting a
rehearing or review shall particularly state the grounds for granting the
rehearing or review, and the rehearing or review shall cover only the grounds
stated.
Notes
Ariz. Admin. Code §
R4-2-407
Adopted effective
December 26, 1995 (Supp. 95-4). Amended by final rulemaking at 9 A.A.R. 460,
effective January 21, 2003 (Supp. 03-1). Amended by final rulemaking at
28
A.A.R. 395, effective 4/5/2022.
