Ariz. Admin. Code § R6-14-408 - Change of Hearing Officer; Challenges for Cause

A. A party may request a change of hearing officer as prescribed in A.R.S. § 41-1992(B) by filing an affidavit that includes:

1. The case name and number:

2. The hearing officer assigned to the case: and

3. The name and signature of the party requesting the change.

B. The party requesting the change shall file the affidavit with the Office of Appeals and send a copy to all other parties at least five days before the hearing date.

C. A party shall request only one change of hearing officer unless that party is challenging a hearing officer for cause under subsection (E).

D. A party may not request a change of hearing officer once the hearing officer has heard and decided a motion except as provided in subsection (E).

E. At any time before a hearing officer renders a final decision under R6-14-414, a party may challenge a hearing officer on the grounds that the hearing officer is not impartial or disinterested in the case.

F. A party who brings a challenge for cause shall file an affidavit as provided in subsection (A) and send a copy of the affidavit to all other parties. The affidavit shall explain the reason why the assigned hearing officer is not impartial or disinterested.

G. When a party files an affidavit for a change in hearing officer as provided in subsection (F), the Office of Appeals shall assign another hearing officer to determine whether the hearing officer being challenged shall be removed, unless the hearing officer recuses himself or herself.

H. The Office of Appeals shall transfer the case to another hearing officer when:

1. A party requests a change as provided in subsections (A) through (D); or

2. The hearing officer is removed for cause, as provided in subsections (E) through (G).

I. The Office of Appeals shall send the parties written notice of the new hearing officer assignment.

Notes

Ariz. Admin. Code § R6-14-408

New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for for 180 days (Supp. 18-3). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.