Section R20-5-736. Hearing Rights and Procedures

A.      Burden of proof.

1.        Except as provided in subsection (A)(2), in all proceed- ings arising out of this Article, the applicant or pool shall have the burden of proof to establish that it has met the requirements of A.R.S. § 23-901 et seq. and this Article.

2.        In a revocation hearing, the Commission shall have the burden of proof to establish that the self-insured has com- mitted the acts described in R20-5-739.

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 and upon direction of the Chair of the Commission shall issue on behalf of the Commission 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 Division.

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 considered filed when the Commission receives the document. All documents required to be filed in this Section with the Commission 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. § 23-901, et seq. and this Article, service of all documents upon the Com- mission, applicant or pool shall be by personal 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 last known address of the applicant or pool as shown on the record of the Commission or upon the applicant’s or pool’s representative if a notice of appearance has been filed by a representative.

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.        A party may make an opening and closing statement with the permission of the Chair if the Chair determines that the statement will be helpful to a determination of the issues.

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

4.        A party may present evidence and conduct cross-exam- ination 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 proven 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

Adopted effective September 9, 1998 (Supp. 98-3).