Section R12-5-2315. Rehearing or Review of Decision

A.      Generally. Except as provided in subsection (G), within 30 days after service of notice of a final decision issued by the Board, a party may file with the Board a written motion for rehearing or review of the decision. A party is not required to file a motion for rehearing or review of a decision to exhaust the party’s administrative remedies. A party may seek judicial review of the Board’s final decision under A.R.S. Title 12, Chapter 7, Article 6.

B.       Amendment of motion; response; oral argument. A party may amend a motion for rehearing or review at any time before the Board rules on the motion. Another party may file a response to a motion for rehearing or review within 10 days after ser- vice of the motion or amended motion. A party shall ensure that a motion or response is supported by a memorandum dis- cussing legal and factual issues. Oral argument may be requested by either party or the Board.

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

1.        Irregularity in the proceedings or any order or abuse of discretion that deprived the moving party of a fair hear- ing;

2.        Misconduct of the Board, its staff, 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