Ariz. Admin. Code § R4-26-416 - Rehearing or Review of Decision
A. The Board shall provide for a rehearing
and review of its decisions under A.R.S. Title 41, Chapter 6, Article
10.
B. Except as provided in
subsection (H), a party is required to file a motion for rehearing or review of
a decision of the Board 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 of the Board or any order or abuse of discretion that deprived the
moving party of a fair hearing;
2.
Misconduct of the Board, its staff, or an administrative law judge;
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
hearing;
5. Excessive or
insufficient 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; and
7. The findings of fact or a decision is not
justified by the evidence or is contrary to law.
E. The Board may affirm or modify a decision
or grant a rehearing or review to all or some of the parties on all or some of
the issues for any of the reasons listed in subsection (D). An order modifying
a decision or granting a rehearing or review shall specify with particularity
the grounds for the order. If a rehearing or review is granted, the rehearing
or review shall cover only the matters specified in the order.
F. Within 30 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 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 with particularity the grounds on which the rehearing or
review is granted.
G. When a motion
for rehearing is based upon affidavits, they shall be served with the motion.
An opposing party may, within 15 days after service, serve opposing
affidavits.
H. If, in a particular
decision, the Board makes a specific finding that the immediate effectiveness
of the decision is necessary for preservation of the public health, safety, or
welfare and that a rehearing or review of the decision is impracticable,
unnecessary, or contrary to the public interest, the decision may be issued as
a final decision without an opportunity for a rehearing or review.
I. An application for judicial review of any
final Board decision may be made under A.R.S. §
12-901 et
seq.
Notes
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