Section R20-5-738. Request for Review

A.      A party may request review of a Commission decision issued under R20-5-737 by filing with the Commission a written request for review no later than 15 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 that deprives a party seeking review of a fair hearing;

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

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

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

5.        Bias or prejudice of the Division or Commission; and

6.        The order, decision, or findings of fact are not justified by the evidence or are contrary to law.

C.      A request for review shall state the specific facts and law 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 an applicant or pool seeks judicial review as provided in A.R.S. § 23-946.

Historical Note

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