Section R4-25-401. Rehearing or Review

A.       Except as provided in subsection (G), 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 motion 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.       A party filing a motion for rehearing or review 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 or amended motion by any other party for rehearing or review is filed. The Board may require a party to file a supple- mental memorandum explaining the issues raised in the motion or response and may permit oral argument.

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

1.        Irregularity in the Board’s administrative proceedings or an abuse of discretion that deprived the party of a fair hearing,

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.        That the decision is not supported by the evidence or is contrary to law.

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

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 reason in subsection (C). An order granting a rehearing or review shall specify the grounds for the rehearing or review.

F.       When a motion for rehearing or review is based upon affida- vits, a party shall serve the affidavits with the motion. An opposing party may, within 10 days after service, serve oppos- ing affidavits. The Board may extend the time for serving opposing affidavits for no more than 20 days for good cause or by written stipulation of the parties. The Board may permit reply affidavits.

G.      If the Board makes specific findings that the immediate effec- tiveness of a decision is necessary to preserve the public health and safety and determines that a rehearing or review of the decision is impracticable, unnecessary, or contrary to the pub- lic interest, the Board may issue the decision as a final deci- sion without an opportunity for rehearing or review. If a decision is issued as a final decision without an opportunity for a rehearing or review, an aggrieved party that makes an appli- cation for judicial review of the decision shall make the appli- cation within the time limits permitted for an application for

judicial review of the Board’s final decision at A.R.S. § 12- 904.

Historical Note

Adopted effective August 30, 1978 (Supp. 78-4). Former Section R4-25-40 renumbered and amended as Section R4-25-401 effective November 18, 1986 (Supp. 86-6).

Amended effective July 27, 1995 (Supp. 95-3). Amended by final rulemaking at 9 A.A.R. 1846, effective July 19, 2003 (Supp. 03-2).