Section R20-5-1132. Request for Review

A.      A party may request review of a Commission decision issued under R20-5-1131 by filing with the Commission a written request for review no later than 15 days after the written deci- sion is mailed to the parties.

B.       A request for review of a Commission Decision shall be based upon one or more of the following grounds, which have mate- rially affected the rights of a party:

1.        Irregularities in the hearing proceedings or any order or abuse of discretion that deprives a party seeking review of a fair hearing;

2.        Accident or surprise, which could not have been pre- vented by ordinary prudence;

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

4.        Error in the admission or rejection of evidence, or errors of law occurring at, or during the course of the hearing;

5.        Bias or prejudice of the Division or Commission; and

6.        The order, decision, or findings of fact are not justified by the evidence or are contrary to law.

C.      The request for review shall state the specific facts and law in support of the request and shall specify the relief sought.

D.      The Commission shall issue a decision upon review no later than 30 days after receiving a request for review.

E.       The Commission’s decision upon review is final unless an applicant or self-insurer seeks judicial review as provided in

A.R.S. § 23-946.

Historical Note

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

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