Section R19-1-703. Rehearing or Review of a Decision

A.      As permitted under A.R.S. § 41-1092.09, a party may file with the Board a motion for rehearing or review of a decision issued by the Board.

B.       A party may amend a motion for rehearing or review at any time before the Board rules on the motion.

C.      The Board may grant a rehearing or review for any of the fol- lowing 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 Director or Board, Department staff, or an administrative law judge;

3.        Accident or surprise that could not have been prevented by ordinary prudence;

4.        Newly discovered material evidence that could not, with reasonable diligence, have been discovered and produced at the hearing;

5.        Excessive or insufficient penalty;

6.        Error in the admission or rejection of evidence or other errors of law occurring at the hearing or during the prog- ress of the proceedings; and

7.        The findings of fact or decision is not justified by the evi- dence or is contrary to law.

D.      The Board may affirm or modify a decision or grant a rehear- ing or review to all or some of the parties on all or some of the issues for any of the reasons listed in subsection (C). The Board shall specify with particularity the grounds for an order modifying a decision or granting a rehearing or review. If a rehearing or review is granted, the rehearing or review shall cover only the matters specified in the order.

E.       Not later than 30 days after the date of a decision and after giv- ing the parties notice and an opportunity to be heard, the Board may, on its own initiative, order a rehearing or review of the decision for any reason it might have granted a rehearing or review on motion of a party. The Board may grant a motion for rehearing or review, timely served, for a reason not stated in a motion. The Board shall specify with particularity the grounds on which a rehearing or review is granted under this subsec- tion.

F.       When a motion for rehearing or review is based upon affida- vits, they shall be served with the motion. An opposing party may, within 15 days after service, serve opposing affidavits. This period may be extended by the Board for five additional days for good cause or by written stipulation of the parties. Reply affidavits may be permitted.

G.      If, in a particular decision, the Board makes a specific finding that the immediate effectiveness of the decision is necessary for preservation of the public health, safety, or welfare and that a rehearing or review of the decision is impracticable, unnec- essary, or contrary to the public interest, the decision may be issued as a final decision without an opportunity for a rehear- ing or review.

H.      This Section is authorized by A.R.S. §§ 4-210.02 and 41- 1092.09.

Historical Note

New Section made by final rulemaking at 19 A.A.R.

1338, effective July 6, 2013 (Supp. 13-2).