Section R20-5-1130. Hearing Rights and Procedures

A.      Burden of proof.

1.        Except as provided in subsection (A)(2), in all proceed- ings arising out of this Article, the applicant or self- insurer has the burden of proof to establish that it has met the requirements of A.R.S. § 23-901 et seq. and this Arti- cle.

2.        In a revocation hearing, the Commission has the burden of proof to establish that the self-insurer has committed the acts described in R20-5-1133.

B.       Roles of Chair and Chief Counsel.

1.        The Chair of the Commission or designee shall preside over hearings held under this Article. Except as otherwise provided in this Section, the Chair shall apply the provi- sions of A.R.S. § 41-1062 to hearings held under this Article and shall have the authority and power of a pre- siding officer as described in A.R.S § 41-1062.

2.        The Chief Counsel of the Commission shall represent the Commission in hearings held before the Commission and upon direction of the Chair of the Commission shall issue on behalf of the Commission all notices and subpoenas required under this Section.

C.      Appearance by a party.

1.        Except as otherwise provided by law, a party to a hearing may appear on its own behalf or through counsel.

2.        When an attorney appears or intends to appear before the Commission, the attorney shall file a notice of appear- ance.

D.      Filing and service.

1.        For purposes of this Section, a document is considered filed when the Commission receives the document. All documents required to be filed under this Section with the Commission shall be served upon the Chief Counsel of the Commission and upon all parties to the proceeding.

2.        Except as otherwise provided in A.R.S. § 23-901, et seq. and this Article, service of all documents upon the Com- mission, applicant, or self-insurer shall be by personal service or mail. Personal service includes delivery upon the Commission or party. Service by mail includes every type of service except personal service and is complete on mailing.

E.       Notice of hearing.

1.        The Commission shall give the parties at least 20 days notice of hearing.

2.        A notice of hearing shall be in writing and mailed to the last known address of the applicant or self-insurer as shown on the records of the Commission, or upon the applicant’s or self-insurer’s representative if a notice of appearance has been filed by a representative.

3.        A notice of hearing shall comply with the requirements in

A.R.S. § 41-1061.

F.       Evidence.

1.        The civil rules of evidence do not apply to hearings held under this Section.

2.        A party may make an opening and closing statement with the permission of the Chair if the Chair determines that

the statement will be helpful to a determination of the issues.

3.        All witnesses at a hearing shall testify under oath or affir- mation.

4.        A party may present evidence and conduct cross-exam- ination of witnesses.

5.        The Commission Chair may admit documents into evi- dence if filed no later than 15 days before the date of the hearing. Upon request or upon direction from the Com- mission Chair, the Commission may issue a subpoena to the author of any document submitted into evidence to appear and testify at the hearing.

6.        Upon written request by a party or upon direction from the Commission Chair, the Commission may issue a sub- poena requiring the attendance and testimony of a witness whose testimony is material. A party shall submit its sub- poena request no later than 10 days before the date of the hearing.

7.        Upon written request by a party or upon direction from the Commission Chair, the Commission may issue a sub- poena duces tecum requiring the production of docu- ments or other tangible evidence. The written request by a party shall contain a statement explaining the general relevance, materiality, and reasonable particularity of the documentary or other tangible evidence and the facts to be proved by them.

G.      Transcript of Proceedings. The Commission shall stenographi- cally report or electronically record hearings. Any party desir- ing a copy of transcript shall obtain a copy from the court reporter. Any party desiring a copy of an electronic recording may obtain a copy from the Commission.

Historical Note

New Section made by final rulemaking at 11 A.A.R.

1008, effective April 4, 2005 (Supp. 05-1).