Ariz. Admin. Code § R9-21-408 - Further Appeal to Administrative Hearing
A. Any grievant
or the client who is the subject of the grievance who is dissatisfied with the
Director's decision of the Administration may request a state fair hearing
before an Administrative Law Judge.
1. Within
30 days of the date of the Director's decision, the appealing party shall file
with the Administration a notice requesting a state fair hearing.
2. Upon receipt of the notice, the
Administration shall send a copy to the parties, and to the Office of Human
Rights and the Independent Oversight Committee for clients who are in need of
special assistance.
B.
The hearing shall be conducted consistent with A.R.S. §
41-1092 et seq., and those
portions of 9 A.A.C. 1 which are consistent with this Article.
1. The client shall have the right to be
represented at the hearing by an individual chosen by the client at the
client's own expense, in accordance with Rule 31, Rules of the Supreme Court.
If the client has not designated a representative to assist the client at the
hearing and is in need of special assistance, the human rights committee, or
the human rights advocate unless refused by the client, shall make all
reasonable efforts to represent the client.
2. Any portion of the hearing may be closed
to the public if the client requests or if the Administrative Law Judge
determines that it is necessary to prevent an unwarranted invasion of the
client's privacy or that public disclosure would pose a substantial risk of
harm to the client.
3. The
Administration shall explain the Director's decision to the client at the
client's request, together with the right to seek rehearing and judicial
review.
Notes
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