Ariz. Admin. Code § R4-38-114 - Rehearing or Review of Decision
A. Except as provided in subsection (G), any
party to an appealable agency action or a contested case before the Board who
is aggrieved by a decision rendered in the case may file with the Board not
later than 30 days after service of the decision, a written motion for
rehearing or review of the decision, specifying the particular grounds for the
motion. A decision is served when personally delivered or five days after the
date the decision is mailed to the party at the party's last known residence or
place of business.
B. A motion for
rehearing may be amended at any time before a ruling by the Board. Any other
party may file a response within 15 days after the motion or amended motion is
filed. The Board may require the filing of written briefs upon the issues
raised in the motion and may provide for oral argument.
C. The Board may grant a rehearing or review
of the decision for any of the following reasons materially affecting the
moving party's rights:
1. Irregularity in the
administrative proceedings of the Board or the hearing officer, or any order or
abuse of discretion that results in the moving party being deprived of a fair
hearing;
2. Misconduct of the Board
or the non-moving party;
3.
Accident or surprise that could not have been prevented by ordinary
prudence;
4. Newly discovered
material evidence that with reasonable diligence could not 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
7. The
decision is not justified by the evidence or is contrary to law.
D. The Board may affirm or modify
the decision or grant a rehearing to all or any of the parties and on all or
part of the issues for any of the reasons set forth in subsection (C). An order
granting a rehearing shall specify the ground or grounds on which the rehearing
is granted, and the rehearing shall cover only those matters.
E. Not later than 30 days after a decision is
rendered, 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 on
motion of a party. After giving the parties or their counsel notice and an
opportunity to be heard on the matter, the Board may grant a motion for
rehearing for a reason not stated in the motion. In either case, the order
granting the rehearing shall specify the grounds for the rehearing.
F. When a motion for rehearing is based upon
an affidavit the party shall serve the affidavit with the motion. Within 10
days after service, an opposing party may serve an opposing affidavit. The
Board may extend the period to serve an opposing affidavit for an additional 20
days for good cause shown or by written stipulation of the parties. The Board
may permit a reply affidavit.
G. If
the Board makes specific findings that the immediate effectiveness of the
decision is necessary for the immediate preservation of the public peace,
health, or safety and that a rehearing or review of the decision is
impracticable, unnecessary, or contrary to the public interest, the Board may
issue the decision as a final decision without an opportunity for a rehearing
or review. If a decision is issued as a final decision without an opportunity
for rehearing, any application for judicial review of the decision shall be
made within the time limits permitted for applications for judicial review of
the Board's final decisions.
H. The
terms "contested case" and "party" as used in this Section are defined in
A.R.S. §
41-1001.
The term "appealable agency action" is defined in A.R.S. §
41-1092.
Notes
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