Section R13-8-112. Rehearing on Original Determination

A.      The local board shall conduct rehearings pursuant to A.R.S. § 38-847(H) as though the rehearings were an adjudicative pro- ceeding under A.R.S. Title 41, Chapter 6, Article 6 (A.R.S. § 41-1061 et seq.).

B.       If the  fund manager  applies for a rehearing,  the claimant whose benefit determination may be affected shall be a party to the proceeding.

C.      By ten calendar days prior to the rehearing, the claimant or fund manager shall submit to the local board a list of witnesses whom the claimant or fund manager intends to call to testify at the hearing and of all exhibits which the claimant or fund man- ager intends to use at the hearing as well as a copy of all listed exhibits.

D.      By ten calendar days prior to the rehearing, the claimant or fund manager may submit to the local board a written state- ment setting forth the facts of the case and a brief addressing relevant issues.

E.       If the claimant, fund manager, or local board desires subpoe- nas pursuant to A.R.S. § 41-1062(A)(4), the subpoenas shall be submitted at least ten calendar days prior to the rehearing to the secretary for issuance by the presiding hearing officer. Ser- vice of the subpoenas is the responsibility of the party request- ing issuance of the subpoenas.

F.       Applications for permission to take depositions pursuant to

A.R.S. § 41-1062(A)(4) shall be submitted to the secretary for determination by the presiding hearing officer.

G.      Unless the local board decides otherwise, the chairperson of the local board shall function as the presiding hearing officer.

H.      The burden of proof for establishing a disability shall be with the claimant.

Historical Note

Adopted effective July 22, 1994 (Supp. 94-3). Amended by final rulemaking at 13 A.A.R. 1801, effective June 30, 2007 (Supp. 07-2).