Section R2-11-207. Hearings

A.      If a registered owner wishes to contest a citation, the registered owner shall request a hearing within 10 days after issuance of the notice to appear described in A.R.S. § 41-796(E) by check- ing the appropriate box and mailing the citation to the Depart- ment, using the address printed on the citation.

B.       Upon receipt of a request for hearing, the Department shall schedule a hearing and serve notice of the hearing, according to A.R.S. § 41-1092.05.

C.      The Director or an administrative law judge from the Office of Administrative Hearings shall conduct each hearing as a con- tested case, in the manner prescribed in A.R.S. Title 41, Chap- ter 6, Article 10. The Department shall serve its decision on the registered owner. If the Director or the administrative law judge determines that a violation has occurred and imposes a monetary penalty, a bill for the amount of the penalty shall be served with the decision. The registered owner shall pay the monetary penalty within 10 business days from the date on the decision or within the time prescribed by the administrative law judge. If the registered owner does not pay the monetary penalty within this time, the registered owner shall pay an additional monetary penalty of $20.00. The Department may take appropriate action to collect any monetary penalty imposed, based on the resources available for pursuing collec- tion.

Historical Note

New Section made by emergency rulemaking under

A.R.S. § 41-1026 at 9 A.A.R. 3046, effective June 18, 2003 for a period of 180 days (Supp. 03-2). Emergency

Section repealed and replaced by new Section under

A.R.S. § 41-1026(E) made by final rulemaking at 9

A.A.R. 3781, effective August 8, 2003 (Supp. 03-3).