Section R20-5-152. Resolution of Issues by Stipulation After the Fil- ing of a Request for Hearing; Notice of Resolution; Assessment of Hearing Costs

A.      Subject to the requirement of subsection (D), parties may stip- ulate to any fact or issue after a party files a request for hear- ing. The stipulation may be in writing or made orally at the time of hearing.

B.       A stipulation is binding upon the parties unless a presiding administrative law judge or the Commission grants the parties permission to withdraw the stipulation.

C.      If a stipulation is not reasonably supported by the evidence, a presiding administrative law judge or the Commission, may set aside or refuse to accept the stipulation and proceed to determine the true facts.

D.      A party shall notify a presiding administrative law judge of any stipulation, compromise or settlement agreement, or with- drawal of a hearing request that makes a hearing unnecessary at least three days before a scheduled hearing.

E.       The presiding administrative law judge may order a party or parties to reimburse the Commission for hearing expenses and costs incurred by the Commission including fees of expert medical witnesses and other witness fees if a party fails to notify the presiding administrative law judge as required under subsection (D).

Historical Note

Former Rule 52. Amended effective March 1, 1987, filed

February 26, 1987 (Supp. 87-1). R20-5-152 recodified from R4-13-152 (Supp. 95-1). Amended by final rulemaking at 7 A.A.R. 3966 and 7 A.A.R. 4995, effec-

tive August 17, 2001 (Supp. 01-3).