Section R6-6-2202. Filing an Appeal

A.      Any party appealing under these rules shall file a written request for hearing with the Department within 15 days after the mailing date of the Department’s decision.

B.       A document shall be considered received by and filed with the Department:

1.        If transmitted via the United States Postal Service, on the date it is mailed. The mailing date shall be:

a.         As shown by the postmark; or

b.        As shown by the postage meter mark of the envelope in which it is received if there is no postmark; or

c.         The date entered on the document as the date of its completion, if there is no postmark, or no postage meter mark, or if the mark is illegible.

2.        On the date it is received by the Department, if transmit- ted by any means other than the United States Postal Ser- vice.

3.        The submission of any document not within the specified statutory or regulatory period shall be considered timely if it is established to the satisfaction of the Department that the delay in submission was due to Department error or misinformation, or to delay caused by the United States Postal Service.

C.      The Department shall advise the appellant of the right to coun- sel and, if asked, shall assist in completing the hearing request.

Historical Note

Section R6-6-2202 recodified from R6-6-2002 at 9

A.A.R. 36, effective December 13, 2002 (Supp. 02-4).