Section R4-17-403. Rehearing or Review

A.      Except as provided in subsection (B), a party who is aggrieved by a decision issued by the Board may file with the Board, no later than 30 days after service of the decision, a written request for rehearing or review of the decision, specifying the grounds for rehearing or review. For purposes of this Section, a decision is considered to have been served when personally delivered to the party’s last known home or business address or five days after the decision is mailed by certified mail to the party or the party’s attorney.

B.       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

a final decision without an opportunity for 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.

C.      A party filing a request for rehearing or review may amend the request at any time before it is ruled upon by the Board. Another party may file a response within 15 days after the date the request or amended request for rehearing is filed. The Board may require a party to file supplemental memoranda explaining the issues raised in the request or response and may permit oral argument.

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

1.        Irregularity in the Board’s or administrative law judge’s administrative proceedings or any order or abuse of dis- cretion that deprived the party of a fair hearing;

2.        Misconduct of the Board, administrative law judge, or the prevailing party;

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 original hearing;

5.        Excessive or insufficient penalties;

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

7.        The decision is the result of passion or prejudice; or

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

E.       The Board may affirm or modify a decision or grant rehearing or review on all or part of the issues for any of the reasons set forth in subsection (D). An order granting a rehearing or review shall specify each ground for the rehearing or review.

F.       No later than 30 days after a decision is issued by the Board, the Board on its own initiative may order a rehearing or review for any reason in subsection (D).

G.      When a request for rehearing or review is based on affidavits, a party shall serve the affidavits with the request. The oppos- ing party may, within 10 days after service, serve opposing affidavits. The Board may extend the time for serving oppos- ing affidavits for no more than 20 days for good cause shown or by written stipulation by the parties. The Board may permit reply affidavits.

Historical Note

New Section R4-17-403 renumbered from R4-17-402 and amended effective April 22, 1998 (Supp. 98-2). Amended by final rulemaking at 18 A.A.R. 2123, effec- tive October 7, 2012 (Supp. 12-3).