Current through Register Vol. 48, No. 14, April 8, 2022
hearing is a de novo proceeding. The Department has the initial burden of going
forward with evidence to support the adverse action being appealed.
B. To prevail, the appellant shall prove, by
a preponderance of the evidence, that the Department's action was unauthorized,
unlawful, or an abuse of discretion.
C. The Arizona Rules of Evidence do not apply
at the hearing. The hearing officer may admit and give probative effect to
evidence as prescribed in A.R.S. §
D. The Office of Appeals shall record all
hearings. The Office of Appeals need not transcribe the proceedings unless a
transcription is required for further administrative or judicial
E. The Office of
Appeals charges a fee of 15¢ per page for providing a transcript. A party
may obtain a waiver of the fee by submitting an affidavit stating that the
party cannot afford to pay for the transcript.
F. A party may, at his or her own expense,
arrange to have a court reporter present to transcribe the hearing, provided
that such transcription does not delay or interfere with the hearing. The
Office of Appeal's recording of the hearing shall constitute the official
record of the hearing.
hearing officer shall call the hearing to order and dispose of any prehearing
motions or issues.
H. With the
consent of the hearing officer, the parties may stipulate to factual findings
or legal conclusions.
request and with the consent of the hearing officer, a party may make opening
and closing statements. The hearing officer shall consider any statements as
argument and not evidence.
party may testify, present evidence, and cross-examine adverse witnesses. The
hearing officer may also take witness testimony or admit documentary or
physical evidence on his or her own motion.
K. The hearing officer shall keep a complete
record of all proceedings in connection with an appeal.
L. The hearing officer may require the
parties to submit memoranda on issues in the case if the hearing officer finds
that the memoranda would assist the hearing officer in deciding the case. The
hearing officer shall establish a briefing schedule for any required