Section R3-9-203. Hearings

A.      The AGRPC shall use the uniform administrative procedures of A.R.S. Title 41, Chapter 6, Article 10 to govern any hearing before the AGRPC required under A.R.S. § 3-591.

B.       A party may file a motion for rehearing or review under A.R.S. § 41-1092.09.

C.      The AGRPC shall grant a rehearing or review of an adminis- trative law decision for any of the following causes materially affecting the moving party’s rights:

1.        The decision is not justified by the evidence or is contrary to law;

2.        There is newly discovered material evidence that could not with reasonable diligence have been discovered and produced at the original proceeding;

3.        One or more of the following deprived the party of a fair hearing:

a.         Irregularity or abuse of discretion in the conduct of the proceeding;

b.        Misconduct of the AGRPC, the administrative law judge, or the prevailing party; or

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

4.        Excessive or insufficient sanction.

D.      The AGRPC may grant a rehearing or review to any or all of the parties. The rehearing or review may cover all or part of the issues for any of the reasons stated in subsection (C). An

order granting a rehearing or review shall particularly state the grounds for granting the rehearing or review, and the rehearing or review shall cover only the grounds stated.

Historical Note

New Section made by final rulemaking at 9 A.A.R. 31, effective December 11, 2002 (Supp. 02-4). Amended by final rulemaking at 14 A.A.R. 3661, effective November 8, 2008 (Supp. 08-3).