Section R4-43-302. 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.       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 progress of the proceedings;

7.        That the Board’s decision is a result of passion or preju- dice; or

8.        That the findings of fact or decision is not justified by the evidence 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, they shall be served with the motion. An opposing party may, within 15 days after service, serve opposing affidavits. The Board may extend this period for a maximum of 20 days, for good cause as described in subsection (I).

G.      Not later that 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.        The Board may extend all time limits listed in this Section upon a showing of good cause. A party demonstrates good cause by showing that the grounds for the party’s motion or other action could not have been known in time, using reason- able diligence, and:

1.        A ruling on the motion will further administrative conve- nience, expedition, or economy; or

2.        A ruling on the motion will avoid undue prejudice to any party.

Historical Note

Emergency rule adopted effective December 12, 1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-4). Emergency rule adopted again effective March 11, 1992, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-1). Emergency rule adopted again effective June 5, 1992, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-2). Emergency expired.

Emergency rule adopted again effective September 8, 1992, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-2). Adopted with changes effective Octo- ber 14, 1992 (Supp. 92-4). Amended by final rulemaking

at 5 A.A.R. 1614, effective May 6, 1999 (Supp. 99-2).