Section R4-44-111. Hearing Procedures

A.      A hearing for suspension or debarment is a contested case as defined by A.R.S. § 41-1001(3), and the provisions of A.R.S. Title 41, Chapter 6, Article 6 (A.R.S. § 41-1061 et seq.) apply to those cases.

B.       The hearing officer may:

1.        Hold prehearing conferences to settle, simplify, or iden- tify the issues in a proceeding, or to consider other mat- ters that may aid in the expeditious disposition of the proceeding;

2.        Require parties to state their positions concerning the var- ious issues in the proceeding;

3.        Require parties to produce for examination those relevant witnesses and documents under their control;

4.        Rule on motions and other procedural items on matters pending before such officer;

5.        Regulate the course of the hearing and conduct of partici- pants;

6.        Establish time limits for submission of motions or memo- randa;

7.        Impose appropriate sanctions against any person failing to obey an order under these procedures, which may include:

a.        Refusing to allow the person to assert or oppose des- ignated claims or defenses, or prohibiting that per- son from introducing designated matters  in evidence;

b.        Excluding all testimony of an unresponsive or eva- sive witness; and

c.        Expelling a person from further participation in the hearing;

9.        Take official notice of any material fact not appearing in evidence in the record, if the fact is among the traditional matters of judicial notice; and

10.     Administer oaths or affirmations.

Historical Note

Adopted effective July 23, 1993 (Supp. 93-3).

Arizona Administrative Code                                                                Title 4, Ch. 44