Section R20-5-1214. Review of Department Findings and Order; Hearings; Issuance of Decision Upon Hearing

A.      Except as provided in R20-5-1213(D), a party aggrieved by a Findings and Order issued by the Department may request a hearing by filing a written request for hearing with the Depart- ment within 30 days after the Findings and Order is served upon the party. Failure to timely file a request for hearing means that the Findings and Order issued by the Department is final and res judicata to all parties.

B.       A request for hearing shall be in writing and contain:

1.        The name and address of the party requesting the hearing,

2.        The signature of the party or the party’s authorized repre- sentative, and

3.        A statement that a hearing is requested.

C.      Upon receipt of a timely filed request for hearing, the Depart- ment shall refer the matter to the Administrative Law Judge Division of the Commission for hearing.

D.      Except as otherwise provided in this Section, the hearing shall be conducted under A.R.S. § 41-1061 et seq.

E.       A person submitting correspondence or other documents, including subpoena requests, to an administrative law judge concerning a matter pending before the administrative law judge, shall contemporaneously serve a copy of the correspon- dence or other document upon all other parties, or if repre- sented, the parties’ authorized representative.

F.       The administrative law judge may dismiss a request for hear- ing when it appears to the judge’s satisfaction that the parties have resolved the disputed issue or issues.

G.      The administrative law judge shall issue a written decision upon hearing containing findings of fact and conclusions of law no later than 30 days after the matter is submitted for deci- sion. The decision shall be sent to the parties at their last known addresses served personally or by regular first class mail.

H.      A decision issued under this Section is final when entered unless a party files a request for rehearing or review as pro- vided in R20-5-1215 or commences an action in the Superior Court as provided in R20-5-1216 and A.R.S. § 12-901 et seq. The decision shall contain a statement explaining the review rights of a party.

Historical Note

New Section made by emergency rulemaking at 13

A.A.R. 473, effective January 25, 2007 for 180 days (Supp. 07-1). Emergency renewed at 13 A.A.R. 2785, effective July 17, 2007 for 180 days (Supp. 07-3). New Section made by final rulemaking at 13 A.A.R. 4315,

effective January 13, 2008 (Supp. 07-4).