Section R20-5-312. Hearing Rights and Procedures

A.      Burden of proof.

1.        Except as provided in subsection (A)(2) and R20-5-324, in all proceedings arising out of A.R.S. Title 23, Chapter 3, Article 2, the candidate or licensee shall have the bur- den of proof to establish that it has met the requirements of A.R.S. § 23-521 et seq. and this Article.

2.        In revocation and suspension hearings, the Commission shall have the burden of proof to establish that the licensee committed the acts described in A.R.S. § 23- 529(A).

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. Upon direction of the Chair of the Commission and on behalf of the Commission, the Chief Counsel shall issue all notices and subpoenas required under this Section. In the discretion of the Chief Counsel, the Chief Counsel may assign an attorney from the Legal Division of the Commission to represent the Department.

C.      Appearance by a party.

1.        Except as otherwise provided by law, the parties may appear on their own behalf or through counsel.

2.        When an attorney appears or intends to appear before the Commission, the attorney shall notify the Commission, in writing, of the attorney’s name, address, and telephone number and the name and address of the person on whose behalf the attorney appears.

D.      Filing and service.

1.        For purposes of this Section, a document is deemed filed when the Commission receives the document. All docu- ments required to be filed in this Section with the Com- mission shall be served upon the Chief Counsel of the Industrial Commission and upon all parties to the pro- ceeding.

2.        Except as otherwise provided in A.R.S. § 23-521, et seq. and this Article, service of all documents upon the Com- mission, candidate, licensee or applicant shall be by per- sonal service or by 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 address of the candidate or licensee as shown on the application for employment agent license or upon the candidate’s or licensee’s representative if a notice of appearance has been filed by the representative. In the case of a fee dispute hearing, a notice of hearing shall be mailed to the address of the applicant as shown on the complaint and the licensee as shown on the answer, if an answer is filed. If no answer is filed, then the notice of hearing shall be sent to the last known mailing address of the licensee as shown on the records of the Commission.

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

A.R.S. § 41-1061(B).

F.       Evidence.

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

2.        The parties may make opening and closing statements with the permission of the Commission if the statements will be helpful to a determination of the issues.

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

4.        The parties may present evidence and conduct cross- examination of witnesses.

5.        Documentary evidence may be received into evidence and shall be filed no later than 15 days before the date of the hearing. Upon request or upon direction from the Chair of the Commission, 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 Chair of the Commission, the Commission may issue a subpoena requiring the attendance and testimony of a witness whose testimony is material. A subpoena shall be requested no later than 10 days before the date of the hearing.

7.        Upon written request by a party or upon direction from the Chair of the Commission, the Commission may issue a subpoena duces tecum requiring the production of doc- uments 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. Hearings before the Commission shall be stenographically reported or mechanically recorded. Any party desiring a copy of the transcript shall obtain a copy from the court reporter.

Historical Note

Former Rule XII. Former Section R4-13-312 renumbered as Section R4-13-314, former Section R4-13-310 renum-

bered and amended as Section R4-13-312 effective March 9, 1981 (Supp. 81-2). R20-5-312 recodified from R4-13-312 (Supp. 95-1). Section R20-5-312 repealed; new Section R20-5-312 adopted effective September 9, 1998 (Supp. 98-3).