Section R13-11-110. Rehearing or Review of Decision

A.      An applicant may seek a review or rehearing of a Board deci- sion that results from an administrative hearing by submitting a written request for a review or rehearing to the Board within 30 days from the date of service of the decision. The Board shall grant a request for review or rehearing for any of the fol- lowing reasons materially affecting the rights of the applicant:

1.        The findings of fact, conclusions of law, or decision are not supported by the evidence or are contrary to law;

2.        The applicant was deprived of a fair hearing due to irreg- ularity in the proceedings, abuse of discretion, or miscon- duct by the hearing officer;

3.        Newly discovered material evidence exists that  could have a bearing on the decision and that, with reasonable diligence, could not have been discovered and produced earlier; or

4.        Error in admission or rejection of evidence or other errors of law occurring at the hearing.

B.       The request must specify the grounds for a review or rehearing and must  provide reasonable evidence that the applicant’s rights were materially affected.

C.      The Board may grant a rehearing or review for any of the rea- sons in subsection (A). The Board or its hearing officer may take additional testimony; amend or make new findings of fact and conclusions of law; and affirm, modify, or reverse the original decision.

D.      A rehearing or review, if granted, must be a rehearing or review only of the issue upon which the decision is found erro- neous. An order granting or denying a rehearing or review must specify the basis for the order.

Historical Note

Section renumbered from R13-11-106 and amended by exempt rulemaking at 9 A.A.R. 4449, effective Septem-

ber 26, 2003 (Supp. 03-3). Former R13-11-110 renum- bered to R13-11-112; new R13-11-110 made by exempt rulemaking at 12 A.A.R. 4898, effective December 6,

2006 (Supp. 06-4). Amended by exempt rulemaking at 13

A.A.R. 3435, effective September 19, 2007 (Supp. 07-3). Amended by exempt rulemaking at 18 A.A.R. 2146, effec-

tive August 8, 2012 (Supp. 12-3).