Ariz. Admin. Code § R6-13-144 - Request for Hearing: Form; Time Limits; Presumptions
A. A person who wishes to appeal an adverse
action shall make a verbal or written request for a hearing to the FAA within
30 days of the date on the notice or letter advising the person of the adverse
action. The FAA shall provide a form for this purpose and, upon request, shall
help an appellant complete the form. If the person makes a verbal request for
hearing, the FAA shall reduce the appeal and the stated reasons for the appeal
to writing, record the date of the verbal request, and forward the request to
the Office of Appeals.
B. An
appellant shall include the following information in the request for hearing:
1. Name, address, and telephone number of the
individual subject to the adverse action;
2. A description of the adverse action that
is the subject of the appeal;
3.
The date of the notice of adverse action; and
4. A statement explaining why the adverse
action is unauthorized, unlawful, or an abuse of discretion.
C. The Department shall process an
appeal even if the request does not include all the information listed in
subsection (B), as long as the request contains sufficient information for the
Department to determine the identity of the appellant.
D. The Department deems a request for hearing
filed on:
1. The mailing date as shown by the
postmark if the appellant sent the request by first-class mail, postage
prepaid, through the United States Postal Service to the Department;
or
2. The date the Department
actually receives the request, if not mailed as provided in subsection
(D)(1).
E. A document is
timely filed if the sender of the document can demonstrate that any delay in
submission was due to any of the following reasons:
1. Department error or
misinformation,
2. Delay or other
action by the United States Postal Service, or
3. Delay due to the appellant's changing
mailing addresses at a time when the appellant had no duty to notify the
Department of the change.
F. When the Office of Appeals receives a
request for a hearing that the appellant did not timely file, the Office of
Appeals shall schedule a hearing to determine whether the delay in submission
is excusable, as provided in subsection (E).
G. An appellant whose appeal the Office of
Appeals denies as untimely is entitled to petition for review of this issue as
provided in
R6-13-158.
Notes
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