Section R4-7-305. Rehearing or Review

A.      Except as provided in subsection (G), any party in an appeal- able agency action or contested case before the Board aggrieved by a decision may file with the Board a written motion for rehearing or review specifying the particular grounds not later than 30 days after service of the final admin- istrative decision.

B.       A party may amend a motion for rehearing or review no later than eight days prior to the date set for the Board to rule on the motion. A party may respond within 15 days after service of the motion or amended motion. The Board may require the fil- ing of written briefs upon the issues raised in the motion and may provide for oral argument.

C.      The Board may grant a rehearing or review for any of the fol- lowing causes materially affecting the moving party’s rights:

1.        Irregularity in the administrative proceedings of the Board, its hearing officer, or the prevailing party, or any order or abuse of discretion that deprives the moving party of a fair hearing;

2.        Misconduct of the Board, the hearing officer, or the pre- vailing 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 justified by the evidence or is contrary to law.

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

E.       Not later than 10 days after the decision, the Board may, after serving each party with notice and an opportunity to be heard, order a rehearing or review of its decision for any reason for which it might have granted a rehearing or review on motion of a party. The Board may grant a motion for rehearing or review for a reason not stated in the motion. In either case, the order granting a rehearing or review shall specify the grounds on which it is granted.

F.       When a motion for rehearing or review is based upon an affi- davit, the affidavit shall be served with the motion. An oppos- ing party may, within 10 days after service, serve an opposing affidavit. The Board may extend the period for serving an opposing affidavit for not more than 20 days for good cause shown or by written stipulation of the parties. The Board my permit a reply affidavit.

G.      If the Board makes a specific finding that the immediate effec- tiveness of a particular decision is necessary for the preserva- tion of the public peace, health, or safety and that a rehearing or review is impracticable, unnecessary, or contrary to the pub- lic interest, the decision may be issued as a final decision with- out an opportunity for a rehearing or review. If a decision is issued as a final decision without an opportunity for rehearing or review, an application for judicial review of the decision may be made within the time limits permitted for applications for judicial review of the Board’s final decisions.

Historical Note

Adopted effective September 15, 1978 (Supp. 78-5). For- mer Section R4-7-19 renumbered as Section R4-7-305 without change effective September 27, 1985 (Supp. 85-

5). Amended effective July 6, 1993 (Supp. 93-3).

Amended effective June 23, 1997 (Supp. 97-2). Amended by final rulemaking at 7 A.A.R. 1539, effective March 13, 2001 (Supp. 01-1). Amended by final rulemaking at

13 A.A.R. 1846, effective July 10, 2007 (Supp. 07-2).