Section R13-3-1303. Appeals

A.      A person that has had issuance of a tow truck permit decal denied or suspended has a right to a hearing.

1.        The Director or designee may combine requests for hear- ings into one hearing where there are common parties or issues.

2.        The hearing shall be conducted by the Office of Adminis- trative Hearings pursuant to A.R.S. § 41-1092, et seq.

B.       A person shall make a request for a hearing in writing to the Department within 30 calendar days from receipt of the notice of denial or suspension. If the request for a hearing is not received within the 30-day period, the person’s right to a hear- ing is waived, unless the person shows that failure to timely request a hearing was beyond the person’s control.

C.      If a hearing is requested, the Department shall notify the per- son in writing at least 30 calendar days before the date set for hearing and include the following in the notice:

1.        A statement of the time, place, and nature of the hearing;

2.        A statement of the legal authority and jurisdiction under which the hearing is to be held;

3.        A reference to the particular sections of the statutes and rules involved; and

4.        A short and plain statement of the matters asserted.

D.      A final administrative decision shall be issued pursuant to A.R.S. § 41-1092.08.

1.        A copy of the decision shall be mailed to each party.

2.        Within 35 calendar days after the date of service of the final decision rendered in the hearing, an appeal may be taken to the Superior Court of the county in which any of the conditions in A.R.S. § 12-905 apply. Appeals to the Superior Court are governed by the provisions of A.R.S.

§ 12-901 et seq.

Historical Note

New Section made by final rulemaking at 12 A.A.R.

1735, effective July 1, 2006 (Supp. 06-2).