Section R4-49-302. Rehearing or Review of Decision

A.      Any party in a contested case or appealable agency action before the Board may file a motion for rehearing or review within 30 days after service of the final administrative deci- sion. Service is complete upon personal service or five days after the date the decision is mailed by certified mail to the party’s last known address of record. The party shall attach a supporting memorandum specifying the grounds for the motion.

B.       A party is required to file a motion with the Board for rehear- ing 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 pro- ceedings;

7.        Evidence that the Board’s decision was a result of passion or prejudice; or

8.        Findings of fact or decision that was not justified by the evidence or was 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.

G.      Not later than 10 days after the date of a decision 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.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 1374, effective March 7, 2001 (Supp. 01-1). Section amended by final rulemaking at 19 A.A.R. 361, effective April 6, 2013 (Supp. 13-1).