Ariz. Admin. Code § R6-5-7504 - Request for Hearing: Form; Time Limits; Presumptions
A. Except as otherwise provided in
R6-5-5010(A) and R6-5-5227, a person who wishes to appeal an adverse action
shall file a written request for hearing with the Administration within 20 days
of the date on the notice or letter advising the person of the adverse action.
The Administration shall provide a form for this purpose, and, upon request,
shall help an appellant fill out the form.
B. An appellant shall include the following
information in the request for hearing:
1.
Name, address, and telephone number, and, if applicable, telefacsimile number
of the person subject to the adverse action;
2. Identification of the Administration
initiating the adverse action;
3. A
description of the adverse action which is the subject of the appeal;
4. The date of the notice of adverse action;
and
5. A statement explaining why
the adverse action is unauthorized, unlawful, or an abuse of
discretion.
C. The
Department shall not deny an appeal solely because the request does not include
all the information listed in subsection (B), so long as the request contains
sufficient information for the Department to determine the identity of the
appellant and the issue on appeal.
D. A request for hearing is deemed filed:
1. On the mailing date, as shown by the
postmark, if sent first-class mail, postage prepaid, through the United States
Postal Service to the Department; or
2. On the date actually received by the
Department, if not mailed as provided in subsection (D)(1).
E. The Department may determine
that a document was timely filed if the sender of the document can demonstrate
that the 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 caused by the appellant changing
mailing addresses at a time when the appellant had no duty to notify the
Administration of the change.
F. When the Office of Appeals receives a
request for hearing that was not timely filed, the Office of Appeals shall
schedule a hearing to determine whether the delay in submission is excused as
provided in subsection (E).
G. An
appellant whose appeal is denied as untimely may petition for review as
provided in
R6-5-7518.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.