Section R4-20-116. Rehearing or Review of Decision

A.      Except as provided in subsection (G), a party in a contested case before the Board who is aggrieved by a decision rendered in the case 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 particular grounds for the rehearing or review. For purposes of this Subsection a decision is deemed to be served when personally delivered or mailed by certified mail to the party at the party’s last known residence or place of business.

B.       A party may amend a motion for rehearing or review at any time before it is ruled upon by the Board. Any other party may file a response within 15 days after service of the motion or amended motion. The Board may require the filing of written brief upon the issues raised in the motion and may provide for oral argument.

C.      A rehearing or review of the decision may be granted for any of the following causes materially affecting the moving party’s rights:

1.        Irregularity in the administrative proceedings of the Board, the Board’s informal interviewing officer or the prevailing party, or any order or abuse of discretion that deprived the moving party of a fair hearing or interview;

2.        Misconduct of the Board 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 occurring at the administrative hearing; or

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

D.      The Board may affirm or modify the decision or grant a rehearing or review to all or any of the parties and on all or part of the issues for any of the reasons in subsection (C). An order granting a rehearing or review shall specify with particu- larity the grounds on which the rehearing or review is granted, and the rehearing or review shall cover only those matters specified.

E.       Not later than 10 days after a decision is rendered, the Board may on its own initiative order a rehearing or review of its decision for any reason for which the Board might have granted a rehearing or review on motion of a party. After giv- ing the parties or the parties’ counsel notice and an opportunity to be heard on the matter, the Board may grant a motion for rehearing or review for a reason not stated in the motion.

F.       When a motion for rehearing or review is based upon affida- vits, the moving party shall serve the affidavits with the motion. An opposing party may within 10 days after service, serve opposing affidavits. The Board may extend the period for an additional 20 days for good cause shown or by written stipulation of the parties. The Board may permit reply affida- vits.

G.      If in a decision the Board makes specific findings that the immediate effectiveness of the decision is necessary for the immediate preservation of the public peace, health or safety and that a rehearing or review of the decision is impracticable, unnecessary or contrary to the public interest, the Board may issue the decision as a final decision without an opportunity for a rehearing or review. If a decision is issued as a final deci- sion without an opportunity for rehearing or review, a party shall make application for judicial review of the decision within the time limits permitted for applications for judicial review of the Board’s final decisions.

H.      For purposes of this Section the terms “contested case” and “party” have the same meaning as in A.R.S. § 41-1001 and “appealable agency action” has the same meaning as in A.R.S.

§ 41-1092.

Historical Note

Adopted effective October 24, 1983 (Supp. 83-5). Former Section R4-20-117 amended and renumbered as R4-20- 116 effective September 18, 1987 (Supp. 87-3). Amended

effective September 13, 1989 (Supp. 89-3). Amended

effective July 22, 1994 (Supp. 94-3). Amended by final

rulemaking at 11 A.A.R. 3660, effective November 15,

2005 (Supp. 05-3).