Ariz. Admin. Code § R6-3-1721 - Liability Determinations; Review; Finality

A. If an employer alleges a reconsider determination issued in accordance with subsection (F) of A.R.S. § 23-724, or subsection (A) of A.R.S. § 23-732, is defective and so specifies in writing within the appeal period specified by law, the Department shall review its reconsidered determination for completeness as required by A.R.S. § 23-724(F), considering any alleged defects identified in writing by the employer within the appeal period.

B. Any defects found may be cured by issuing a corrected reconsidered determination and stating therein that all time periods applicable to the determination were suspended from the date of the original reconsidered determination to the date of the corrected reconsidered determination.

C. Any further defect alleged in the corrected reconsidered determination will be handled in the manner so specified in this regulation.

D. If the allegation of a defect in the reconsidered determination is not submitted within the period for appeal, an examination of the reconsidered determination reveals no defect of consequence, and the employer did not file a timely petition for hearing or review, the employer shall be notified in writing of the untimeliness of the allegation of defect, and that the reconsidered determination has become final. If, however, the employer had submitted timely petition for hearing or review, the employer shall be notified of the untimeliness of his allegation of defect, and that the matter is now with the appeals board for consideration of his petition for hearing or review.

E. If the allegation of defect in the reconsidered determination is not submitted within the period for the appeal, and upon examination of the reconsidered determination a defect of consequence is found to exist, a corrected reconsidered determination shall be issued which will include a statement that all time periods applicable to the determination were suspended from the date of the original reconsidered determination to the date of the corrected reconsidered determination.

F. If the allegation of defect in the reconsidered determination is submitted timely, but upon review defect is not found by the Department to exist, the employer shall be notified in writing that the reconsidered determination is considered adequate, and that the matter shall become final unless he notifies the Department in writing within 15 days that he wishes his timely allegation of defect to be considered a petition for hearing or review.

Notes

Ariz. Admin. Code § R6-3-1721

Adopted as an emergency effective August 1, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-4). Former emergency adoption now adopted effective October 30, 1979 (Supp. 79-5).