A. The Board shall provide for a rehearing
and review of a decision under A.R.S. Title 41, Chapter 6, Article
10.
B. Except as provided in
subsection (I), 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 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, an administrative law judge, 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
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 Board's decision is a result of
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
affirm or modify a decision or grant a rehearing to all or any of the parties
on all or part of the issues for any of the reasons in subsection (D). An order
modifying a decision or granting a rehearing shall specify with particularity
the grounds for the order.
F. If a
motion for rehearing or review is based upon an affidavit, the affidavit shall
be served with the motion. An opposing party may, within 15 days after service,
serve opposing affidavits. The Board may extend this period for a maximum of 20
days if the parties agree.
G. Not
later than 30 days after the date of a decision, after giving parties notice
and an opportunity to be heard, the Board may grant a rehearing or review on
its own initiative for any reason for which it might have granted relief 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.
H. If a rehearing is granted, the Board shall
hold the rehearing within 60 days after the issue date on the order granting
the rehearing.
I.
The Board may extend all time limits listed in this
Section upon a showing of good cause. A party demonstrates good cause by
showing that the grounds for the party's motion or other action could not have
been known in time, using reasonable diligence, and:
1.
A ruling on the motion will further administrative
convenience, expedition, or economy; or
2.
A ruling on the motion will avoid undue prejudice to
any party. If the Board makes a specific finding that a particular
administrative decision needs to be effective immediately to preserve the
public peace, health, or safety and that a review or rehearing of the decision
is impracticable, unnecessary, or contrary to the public interest, the Board
shall issue the decision as a final administrative decision without an
opportunity for rehearing or review.
