Section R20-5-659. Request for Hearings on Petition

A.      Request for hearing. Any employer, employee, authorized employee representative, representative, or other person inter- ested in or affected by an order of the Commission may peti- tion for a hearing on the reasonableness and lawfulness of an order issued under A.R.S. §§ 23-411 or 23-412, by a verified petition filed with the Commission.

B.       Contents of a petition. A request for a hearing filed pursuant to subsection (A) of this Section shall include:

1.        The name and address of the applicant;

2.        A concise statement of facts showing how the employer, employee, authorized employee representative, represen- tative, or other person would be affected by the relief applied for;

3.        A petition shall set forth specifically and in detail the order upon which a hearing is desired;

4.        The reasons why the order is unreasonable or unlawful;

5.        The issue to be considered by the Commission on the hearing. Objections other than those set forth in the peti- tion are deemed finally waived.

6.        If the applicant is an employer, a certification that the applicant has informed his affected employees of the application by:

a.        Giving a copy thereof to their authorized representa- tive;

b.        Posting at the place or places where notices to employees are normally posted, a statement giving a summary of the petition specifying where a copy of the full petition may be examined (or, in lieu of the summary, posting the application itself); and

c.        Other appropriate means.

7.        If the applicant is an affected employee, a certification that a copy of the petition has been furnished to the employer.

C.      The Commission may on its own motion proceed to modify or revoke a rule or order issued under A.R.S. §§ 23-411 or 23- 412 of the Act. In such event, the Commission shall cause to be published in statewide newspapers a notice of its intention, affording interested persons an opportunity to submit written data, views, or arguments regarding the proposal and inform- ing the affected employer and employees of their right to request a hearing and shall take such other action as may be appropriate to give actual notice to the affected employees. Any request for a hearing shall include a short and plain state- ment of:

1.        How the proposed modification or revocation would affect the requesting party; and

2.        What the requesting party would seek to show on the sub- jects or issues involved.

Historical Note

Adopted as an emergency effective October 29, 1980, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 80-5). Former Section R4-13-661 adopted as an emergency effective October 29, 1980, renumbered and adopted as Section R4-13-659 effective March 2, 1981 (Supp. 81-2). R20-5-659 recodified from R4-13-659 (Supp. 95-1).