Section R20-5-314. Request for Review

A.      A party may request review of a Commission decision issued under R20-5-313 by filing with the Commission a written request for review no later than 30 days after the written deci- sion is mailed to the parties.

B.       A request for review shall be based upon one or more of the following grounds which have materially affected the rights of a party:

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

2.        Misconduct by the Department, Council, Commission, or any party to the hearing;

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

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

5.        Excessive or insufficient sanctions or penalties imposed at hearing;

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

7.        Bias or prejudice of the Department, Council, or Com- mission; or

8.        That the order, decision, or findings of fact are not justi- fied by the evidence or are contrary to law.

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

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 a can- didate or licensee seeks judicial review as provided in A.R.S. § 12-901 et seq.

Historical Note

Former Section R4-13-312 renumbered as Section R4- 13-314 effective March 9, 1981 (Supp. 81-2). R20-5-314 recodified from R4-13-314 (Supp. 95-1). Section R20-5- 314 repealed; new Section R20-5-314 adopted effective September 9, 1998 (Supp. 98-3).