Section R2-17-125. Decision of the Board

A.      If the Board uses the services of the Office of Administrative Hearings, the Board will receive a copy of the administrative law judge’s decision under A.R.S. § 41-1092.08. Within 30 days after receipt, the Board may review the decision and accept, reject, or modify it.

1.        If the Board does not make a decision within 30 days, the Board has accepted the administrative law judge’s deci- sion as the final administrative decision.

2.        If the Board reviews the administrative law judge’s deci- sion, it shall request the record of the hearing, described in A.R.S. § 41-1092.10(C), and may accept, reject, or modify the decision. If the Board rejects or modifies the decision, the Board shall file with the Office of Adminis- trative Hearings a copy of the administrative law judge’s decision with the rejection or modification and a written justification setting forth the reasons for the rejection or modification. Under the circumstances in this subsection, the decision of the Board is the final administrative deci- sion.

B.       If the Board directly conducts an administrative hearing, the Board shall meet and render its final administrative decision on the appeal in writing within 15 days after the hearing. The Board’s decision shall contain its findings of fact and conclu- sions of law, separately stated, and its decision.

C.      The Board’s final administrative decision shall contain the fol- lowing statement: “This is a final administrative decision of the Water Quality Appeals Board, made according to A.R.S. § 49-323. You may file a motion for rehearing or review of this decision under R2-17-126. If you file a motion for rehearing or review, you shall file your motion within 30 days after service of this decision. You are not required to file a motion for rehearing or review before seeking judicial review. This deci- sion may be reviewed by the Superior Court if you file a com- plaint in the manner prescribed in A.R.S. §§ 41-1092.10 and 41-1092.11.”

D.      The Board may incorporate by reference findings, conclu- sions, or a decision previously made by an administrative law judge.

E.       When the Board has rendered a final administrative decision, it shall serve a copy of the decision on all parties.

Historical Note

Adopted effective January 8, 1998 (Supp. 98-1).