Section R2-11-208. Rehearing

A.      A party in a contested case before the Department may file a motion for rehearing or review within 30 days after service of the final administrative decision, as prescribed in A.R.S. § 41-

1092.09. The party shall attach a supporting memorandum, specifying the grounds for the motion. A party is not required to file a motion for rehearing or review of the final administra- tive decision to exhaust the party’s administrative remedies.

B.       An opposing party may file a response within 15 days after the date the motion for rehearing or review is filed. The party shall support the response with a memorandum discussing relevant legal and factual issues.

C.      Any party may request oral argument.

D.      The Director may grant a rehearing or review for any of the following causes materially affecting a party’s rights:

1.        Irregularity in the administrative proceedings or any order or abuse of discretion, that deprived the moving party of a fair hearing;

2.        Misconduct of the Department, the administrative law judge, or the prevailing party;

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 penalties;

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

7.        That the findings of fact or decision are not justified by the evidence or are contrary to law.

E.       The Director may affirm or modify the decision or grant a rehearing to all or any of the parties on all or part of the issues for any of the reasons in subsection (D). An order modifying a decision or granting a rehearing shall specify with particularity the grounds for the order, and any rehearing shall cover only those matters specified. The Director may grant a motion for rehearing or review, timely served, for a reason not stated in the motion.

F.       Not later than 15 days after the date of the decision, the Direc- tor may grant a rehearing or review on the Director’s own ini- tiative for any reason for which the Director might have granted relief on motion of a party.

G.      If a motion for rehearing or review is based upon affidavits, they shall be served with the motion. An opposing party may, within five days after service, serve opposing affidavits.

H.      The Director shall rule on the motion as prescribed in A.R.S. § 41-1092.09. If a rehearing is granted, the Department shall hold the rehearing within 30 days after the date on the order granting the rehearing.

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).