Section R13-5-704. Rehearing of Council Decision

A.      Motion for rehearing.

1.        Except as provided in subsection (C), any party in a con- tested case or appealable agency action may file a written motion for rehearing within 30 days after service of the decision. The requesting party shall specify the grounds

for a rehearing, as provided in subsection (B). A respon- dent may file a response to the motion within 15 days after service.

2.        A party filing a post-hearing motion shall include refer- ences to the record where appropriate.

3.        The Council may require the parties to file written memo- randa upon the issues raised in the motion and may per- mit oral argument.

4.        The Council may grant a rehearing on all or part of the issues. If a rehearing is granted, the Council shall specify the grounds for the rehearing, and the rehearing shall cover only those matters.

B.       Basis for a rehearing. The Council may grant a rehearing for any of the following causes:

1.        The Council acted in an arbitrary or capricious manner or abused its discretion;

2.        Misconduct of the Council or the prevailing party;

3.        Newly discovered material evidence which, with reason- able diligence, could not have been discovered and pro- duced at the original hearing;

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

5.        The decision was not supported by the evidence; or

6.        The decision is contrary to law.

C.      Decisions not subject to rehearing. The Council may issue a decision as final upon making a specific finding that a deci- sion’s immediate effectiveness is necessary for the preserva- tion of the public peace, health, or safety, or that a rehearing of the decision is impractical, unnecessary, or contrary to the public interest.

Historical Note

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2). Amended by

final rulemaking at 9 A.A.R. 1619, effective July 5, 2003

(Supp. 03-2).