Section R4-22-108. Rehearing or Review of Decision

A.      The Board shall provide for a rehearing and review of its deci- sions under A.R.S. Title 41, Chapter 6, Article 10 and rules established by the Office of Administrative Hearings.

B.       Except as provided in subsection (I), a party is required to file a motion for rehearing or review of a decision of the Board to exhaust the party’s administrative remedies.

C.      A party may amend a motion for rehearing or review at any time before the Board rules on the motion.

D.      The Board may grant a rehearing or review for any of the fol- lowing reasons materially affecting a party’s rights:

1.        Irregularity in the proceedings of the Board, or any order or abuse of discretion, that deprived the moving party of a fair hearing;

2.        Misconduct of the Board, its staff, an 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 hearing;

5.        Excessive penalty;

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

7.        The Board’s decision is a result of passion or prejudice; or

8.        The findings of fact or decision is not justified by the evi- dence or is contrary to law.

E.       The Board may affirm or modify a decision or grant a rehear- ing to all or any of the parties on all or part of the issues for any of the reasons in subsection (D). An order modifying a decision or granting a rehearing shall specify with particularity the grounds for the order.

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

G.      Not later than 10 days after the date of a decision, after giving parties notice and an opportunity to be heard, the Board 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.

The Board may grant a motion for rehearing or review, timely served, for a reason not stated in the motion.

H.      If a rehearing is granted, the Board shall hold the rehearing within 60 days after the issue date on the order granting the rehearing.

I.        If the Board makes a specific finding that a particular decision needs to be effective immediately to preserve the public peace, health, or safety and that a review or rehearing of the decision is impracticable, unnecessary, or contrary to the public inter- est, the Board shall issue the decision as a final decision with- out an opportunity for rehearing or review.

J.        A party that has exhausted the party’s administrative remedies may appeal a final order of the Board under A.R.S. Title 12, Chapter 7, Article 6.

Historical Note

Adopted effective August 7, 1992 (Supp. 92-3).

Amended by final rulemaking at 18 A.A.R. 2488, effec- tive November 10, 2012 (Supp. 12-3). Section R4-22-108 renumbered to R4-22-102; new Section R4-22-108 renumbered from R4-22-106 and amended by final rulemaking at 20 A.A.R. 2654, effective November 8,

2014 (Supp. 14-3).