Section R4-15-401. Rehearing or Review of Board’s Decision

A.      Except as provided in subsection (F), a party who is aggrieved by a decision issued by the Board may file with the Board, not later than 30  days after  service of the decision, a  written motion for rehearing or review of the decision specifying the grounds for rehearing or review. For purposes of this Section and except as provided in A.R.S. § 41-1092.09(C), a decision is considered served when personally delivered to the party’s last known address or mailed by certified mail to the party at the party’s last known address or the party’s attorney.

B.       A party filing a motion for rehearing or review under this Sec- tion may amend the motion at any time before it is ruled upon by the Board. Other parties 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 memo- randa explaining the issues raised in the motion and may per- mit oral argument.

C.      The Board may grant a rehearing or review of the decision for any of the following causes materially affecting the party’s rights:

1.        Irregularity in the proceedings of the Board, administra- tive law judge, or any abuse of discretion that deprived the party of a fair hearing;

2.        Misconduct of the Board or administrative law judge;

3.        Accident or surprise that could not have been prevented by ordinary prudence;

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

5.        Excessive or insufficient penalties;

6.        Error in the admission or rejection of evidence or other errors of law occurring at the hearing; or

7.        That the findings of fact or decision are not supported by the evidence or are contrary to law.

D.      The Board may affirm or modify its decision or grant a rehear- ing or review to all or any of the parties on all or part of the issues for the reasons specified in subsection (C). An order modifying a decision or granting a rehearing or review shall specify the grounds for the rehearing or review and the rehear- ing or review shall cover only those matters specified.

E.       No later than 30 days after a decision is issued by the Board, the Board may, on its own initiative, grant a rehearing or review of its decision for any reasons in subsection (C). An order granting a rehearing or review shall specify the grounds for the rehearing or review.

F.       If the Board makes specific findings that the immediate effec- tiveness of the decision is necessary for the preservation of the public health and safety and determines that a rehearing or review of the decision is impracticable, unnecessary, or con- trary to the public interest, the Board may issue the decision as a final decision without an opportunity for a rehearing or review. If the Board issues the decision as a final decision without an opportunity for a rehearing or review, the aggrieved party may make an application for judicial review within the time limits permitted for an application for judicial review of the Board’s final decision under A.R.S. § 12-904.

Historical Note

New Section made by final rulemaking at 12 A.A.R. 2759, effective September 9, 2006 (Supp. 06-3).