Section R6-13-144. Request for Hearing: Form; Time Limits; Pre- sumptions

A.      A person who wishes to appeal an adverse action shall make a verbal or written request for a hearing to the FAA within 30 days of the date on the notice or letter advising the person of the adverse action. The FAA shall provide a form for this pur- pose and, upon request, shall help an appellant complete the form. If the person makes a verbal request for hearing, the FAA shall reduce the appeal and the stated reasons for the appeal to writing, record the date of the verbal request, and forward the request to the Office of Appeals.

B.       An appellant shall include the following information in the request for hearing:

1.        Name, address, and telephone number of the individual subject to the adverse action;

2.        A description of the adverse action that is the subject of the appeal;

3.        The date of the notice of adverse action; and

4.        A statement explaining why the adverse action is unau- thorized, unlawful, or an abuse of discretion.

C.      The Department shall process an appeal even if the request does not include all the information listed in subsection (B), as long as the request contains sufficient information for the Department to determine the identity of the appellant.

D.      The Department deems a request for hearing filed on:

1.        The mailing date as shown by the postmark if the appel- lant sent the request by first-class mail, postage prepaid, through the United States Postal Service to the Depart- ment; or

2.        The date the Department actually receives the request, if not mailed as provided in subsection (D)(1).

E.       A document is timely filed if the sender of the document can demonstrate that any delay in submission was due to any of the following reasons:

1.        Department error or misinformation,

2.        Delay or other action by the United States Postal Service, or

3.        Delay due to the appellant’s changing mailing addresses at a time when the appellant had no duty to notify the Department of the change.

F.       When the Office of Appeals receives a request for a hearing that the appellant did not timely file, the Office of Appeals shall schedule a hearing to determine whether the delay in sub- mission is excusable, as provided in subsection (E).

G.      An appellant whose appeal the Office of Appeals denies as untimely is entitled to petition for review of this issue as pro- vided in R6-13-158.

Historical Note

New Section made by final rulemaking at 18 A.A.R.

1175, effective June 30, 2012 (Supp. 12-2).