Section R4-9-120. Rehearing or Review of Decision

A.       The Registrar of Contractors shall provide an opportunity for a rehearing or review of its decisions on a hearing under A.R.S. Title 41, Chapter 6, Article 10 and the rules established by the Office of Administrative Hearings.

B.       Except as provided in subsection (F), any party who is aggrieved by the decision on a hearing in a contested case or appealable agency action before the Registrar of Contractors may file with the Registrar of Contractors a written motion for rehearing or review of the decision specifying the particular grounds for the rehearing or review.

C.       The Registrar of Contractors may grant a rehearing or review of a decision for any of the following causes materially affect- ing the moving party’s rights:

1.        Irregularity in the proceedings of the Registrar of Con- tractors or the Administrative Law Judge, or any order or abuse of discretion that deprived the moving party of a fair hearing;

2.        Misconduct of the Registrar of Contractors, Office of Administrative Hearings, Administrative Law Judge, or 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 or insufficient penalties;

6.        Error in the admission or rejection of evidence or other errors of law occurring at the administrative hearing or during the progress of the proceeding; or

7.        The decision is not justified by the evidence or is contrary to law.

D.       The Registrar of Contractors may affirm or modify a decision on a hearing 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 sub- section (C). After giving the parties notice and an opportunity to be heard, the Registrar of Contractors may grant a motion for rehearing for a reason not stated in the motion. An order modifying a decision or granting a rehearing shall specify the particular ground for the order. A rehearing shall cover only the matter specified in the order.

E.       Not later than 35 days after the date of a decision, and after giving the parties notice and an opportunity to be heard, the Registrar of Contractors may, on its own initiative, order a rehearing or review of its decision on a hearing for any reason for which it might have granted relief on motion of a party.

F.       If the Registrar of Contractors makes a specific finding that the immediate effectiveness of a decision on a hearing is neces- sary for the preservation of the public health, safety, or welfare and that a rehearing or review of the decision on a hearing is impracticable, unnecessary, or contrary to the public interest, the decision may be issued as a final decision without an opportunity for a rehearing or review. If a decision on a hear- ing is issued as a final decision without an opportunity for review or rehearing, an application for judicial review of the decision may be made within the time limits permitted for applications for judicial review of the Registrar of Contrac- tors’ final decisions.

G.      For purposes of this Section the terms “contested case” and “party” have the same meanings as in A.R.S. § 41-1001.

H.      To the extent that the provisions of this Section are in conflict with the provisions of any statute providing for review or rehearing of a decision of the Registrar of Contractors, the statutory provisions govern.

Historical Note

Former Rule 20. Repealed effective February 23, 1976 (Supp. 76-1). New Section R4-9-20 adopted effective June 18, 1982 (Supp. 82-3). Former Section R4-9-20 renumbered without change as Section R4-9-120 (Supp. 87-3). Amended by final rulemaking at 9 A.A.R. 1350,

effective June 6, 2003 (Supp. 03-2). Amended by final

rulemaking at 20 A.A.R. 568, effective July 1, 2014

(Supp. 14-1).