Section R12-1-1207. Rehearing or Review

A.      The Board may grant a rehearing or review of a decision for any of the following reasons, materially affecting a party’s rights:

1.        Irregularity in the administrative proceedings or any order or abuse of discretion, that deprived a party of a fair hearing;

2.        Misconduct of the Board, an administrative law judge, or the prevailing party;

3.        Accident or surprise that could not have been prevented by ordinary prudence;

4.        Newly discovered material evidence that could not, with reasonable diligence have been discovered and produced at the original hearing;

5.        Excessive or insufficient penalties;

6.        Error in the admission or rejection of evidence or other errors of law occurring at the administrative hearing or during the progress of the proceedings;

7.        That the decision is not justified by the evidence or is contrary to law.

B.       The Board may affirm or modify a decision or grant a rehear- ing to all or any of the parties and on all or part of the issues for any of the reasons listed in subsection (A). An order modi- fying a decision or granting a rehearing shall specify with par- ticularity the ground or grounds for the order. A rehearing shall cover only the subject matters specified in the order.

C.      No later than 15 working days after the date on the decision the Board may, on its own initiative, order a rehearing or review of its decision for any reason for which it might have granted a rehearing on motion of a party. After giving the par- ties notice and an opportunity to be heard on the matter, the

Board may grant a motion for rehearing or review for a reason not stated in the motion.

D.      If a motion for rehearing or review is based upon affidavits, they shall be served with the motion. An opposing party may, within 30 calendar days after service, serve opposing affida- vits. This period of time may be extended by the Board if good cause is shown or a written stipulation is received from both parties. The Board may permit reply affidavits.

Historical Note

Adopted effective January 2, 1996 (Supp. 96-1).

Amended by final rulemaking at 9 A.A.R. 4302, effective November 14, 2003 (Supp. 03-3).