Section R4-24-308. Rehearing or Review of Board Decisions

A.      The Board shall provide for a rehearing and review of its deci- sions under A.R.S. Title 41, Chapter 6, Article 10.

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, or an 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 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; and

7.        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 or review to any or all of the parties on all or part of the issues for any of the reasons listed in subsection (D). An order modifying a decision or granting a rehearing or review shall specify with particularity the grounds for the order. If a rehear- ing or review is granted, the rehearing or review shall cover only the matters specified in the order.

F.       No later than 30 days after making a decision and after giving the parties notice and an opportunity to be heard, the Board may order a rehearing or review on its own initiative for any of the reasons listed in subsection (D). The Board may grant a motion for rehearing or review, timely served, for a reason not stated in the motion. An order granting a rehearing or review shall specify with particularity the grounds on which the rehearing or review is granted.

G.      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. This period may be extended for not more than 20 days by the Board for good cause as described in subsection (I) or by written stipulation of the parties. The Board may permit reply affidavits.

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 immediate effective- ness of a particular decision is necessary for preservation of the public  health,  safety,  or welfare  and  that rehearing or review is impracticable, unnecessary, or contrary to public interest, the decision may be issued as a final decision without an opportunity for rehearing or review. If an application for judicial review of the decision is made, it shall be made under

A.R.S. § 12-901 et seq.

Historical Note

New Section adopted by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2). R4-24-308 renumbered to R4-24-309; new Section R4-24-308 renumbered from R4-24-307 and amended by final rulemaking at 14 A.A.R. 3418, effective October 4, 2008 (Supp. 08-3). Amended by final rulemaking at 18 A.A.R.

1858, effective July 10, 2012 (Supp. 12-3).