Section R4-11-1701. Procedure

A.      Except as provided in subsection (F), a licensee, certificate holder, or business entity who is aggrieved by an order issued

by the Board may file a written motion for rehearing or review with the Board, pursuant to A.R.S. Title 41, Chapter 6, Article 10, specifying the grounds for rehearing or review.

B.       A licensee, certificate holder, or business entity filing a motion for rehearing or review under this rule may amend the motion at any time before it is ruled upon by the Board. The opposing party may file a response within 15 days after the date the motion for rehearing or review is filed. The Board may require that the parties file supplemental memoranda explaining the issues raised in the motion, and may permit oral argument.

C.      The Board may grant a rehearing or review of the order for any of the following causes materially affecting a licensee, certifi- cate holder, or business entity's rights:

1.        Irregularity in the proceedings of the Board or any order or abuse of discretion, which deprived a licensee, certifi- cate holder, or business entity of a fair hearing;

2.        Misconduct of the Board, its personnel, the administra- tive law judge, or the prevailing party;

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

4.        Excessive or insufficient penalties;

5.        Error in the admission or rejection of evidence or other errors of law occurring at the hearing or during the prog- ress of the proceeding;

6.        That the findings of fact or decision is arbitrary, capri- cious, or an abuse of discretion;

7.        That the findings of fact of decision is not justified by the evidence or is contrary to law; or

8.        Newly discovered, material evidence which could not, with reasonable diligence, have been discovered and pro- duced at the original hearing.

D.      The Board may affirm or modify the order or grant a rehearing or review to all or part of the issues for any of the reasons in subsection (C). The Board, within the time for filing a motion for rehearing or review, may grant a rehearing or review on its own initiative for any reason for which it might have granted relief on motion of a party. An order granting a rehearing or review shall specify the grounds on which rehearing or review is granted, and any rehearing or review shall cover only those matters specified.

E.       When a motion for rehearing or review is based upon affida- vits, they shall be served with the motion. An opposing party may, within 15 days after such service, serve opposing affida- vits.

F.       If the Board makes specific findings that the immediate effec- tiveness of the order is necessary for the preservation of public health and safety and that a rehearing or review is impractica- ble, unnecessary, or contrary to the public interest, the order

may be issued as a final order without an opportunity for a rehearing or review. If an order is issued as a final order with- out an opportunity or rehearing or review, the aggrieved party shall make an application for judicial review of the order within the time limits permitted for application for judicial review of the Board's final order.

G.      The Board shall rule on the motion for rehearing or review within 15 days after the response has been filed, or at the Board's next meeting after the motion is received, whichever is later.

Historical Note

New Section R4-11-1701 renumbered from R4-11-701 and amended by final rulemaking at 5 A.A.R. 580, effec- tive February 4, 1999 (Supp. 99-1). Amended by final

rulemaking at 21 A.A.R. 2971, effective January 2, 2016

(Supp. 15-4).