Section R6-13-150. Change of Hearing Officer; Challenges for Cause

A.      A party may request a change of hearing officer as prescribed in A.R.S. § 41-1992(B) by filing an affidavit that shall include:

1.        The case name and number,

2.        The hearing officer assigned to the case, and

3.        The   name  and  signature   of  the  party   requesting  the change.

B.       The party requesting the change shall file the affidavit with the Office of Appeals and send a copy to all other parties at least five days before the scheduled hearing date.

C.      A party shall request only one change of hearing officer unless that party is challenging a hearing officer for cause under sub- section (E).

D.      A party may not request a change of hearing officer once the hearing officer has heard and decided a substantive motion except as provided in subsection (E).

E.       At any time before a hearing officer renders a decision, a party may challenge a hearing officer on the grounds that the hear- ing officer is not impartial or disinterested in the case.

F.       A party who brings a challenge for cause shall file an affidavit as provided in subsection (A) and send a copy of the affidavit to all other parties. The affidavit shall explain the reason why the assigned hearing officer is not impartial or disinterested.

G.      The hearing officer being challenged for cause may hear and decide the challenge unless:

1.        A party specifically requests that another hearing officer make the determination, or

2.        The assigned hearing officer disqualifies himself or her- self from the decision.

H.      The Office of Appeals shall transfer the case to another hear- ing officer when:

1.        A party requests a change as provided in subsections (A) through (D); or

2.        The hearing officer is removed for cause, as provided in subsections (E) through (G).

I.        The Office of Appeals shall send the parties written notice of the new hearing officer assignment.

Historical Note

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

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