Section R20-5-1215. Request for Rehearing or Review of Decision Upon Hearing

A.      A party may request rehearing or review of a decision issued under R20-5-1214 by filing with the Administrative Law Judge a written request for rehearing or review no later than 15 days after the written decision is served personally or by regu- lar first class mail upon the parties.

B.       A request for rehearing or review shall be based upon any of the following causes that materially affected the rights of an aggrieved party:

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

2.        Accident or surprise that could not have been prevented 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 the hearing;

5.        Bias or prejudice of the Department or administrative law judge; and

6.        The findings of fact or conclusions of law contained in the decision are not justified by the evidence or are con- trary to law.

C.      A request for rehearing or review shall state the specific facts and law in support of the request and shall specify the relief sought by the request.

D.      A party shall have 15 days from the date of the filing of a request for rehearing or review to file a written response. Fail- ure to respond shall not be deemed an admission against inter- est.

E.       The administrative law judge shall issue a decision upon review no later than 30 days after receiving a request for review or response, if one is filed.

F.       A decision upon review is final unless a party seeks judicial review as provided in R20-5-1216.

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).