Section R7-2-1181. Hearing Procedures

A.      If a hearing is required or permitted under Articles 10 and 11, this Section shall apply. Hearing officers shall be selected pur- suant to R7-2-1147(D) and (E) or R7-2-1158(E) and (F).

B.       The Arizona Administrative Procedure Act (A.R.S. Title 41, Chapter 6) shall apply where the Act is not inconsistent with Articles 10 and 11.

C.      The hearing officer shall arrange for a prompt hearing and notify the parties in writing of the time and place of the hear- ing.

D.      The hearing officer may:

1.        Hold pre-hearing conferences to settle, simplify, or iden- tify the issues in a proceeding, or to consider other mat- ters that may aid in the expeditious disposition of the proceeding;

2.        Require parties to state their positions concerning the var- ious issues in the proceeding;

3.        Require parties to produce for examination those relevant witnesses and documents under their control;

4.        Rule on motions and other procedural items on matters pending before such officer;

5.        Regulate the course of the hearing and conduct of partici- pants;

6.        Establish time limits for submission of motions or memo- randa;

7.        Impose appropriate sanctions against any person failing to obey an order under these procedures, which may include:

a.         Refusing to allow the person to assert or oppose des- ignated claims or defenses, or prohibiting that per- son from introducing designated matters in evidence;

b.        Excluding all testimony of an unresponsive or eva- sive witness; and

c.         Expelling person from further participation in the hearing;

8.        Take official notice of any material fact not appearing in evidence in the record, if the fact is among the traditional matters of judicial notice; and

9.        Administer oaths or affirmations.

E.       A transcribed record of the hearing shall be made available at cost to any requesting party.

F.       Decision by the hearing officer. A decision by the hearing offi- cer shall be sent within 30 days after the conclusion of the hearing to all parties by any means evidencing receipt. A deci- sion shall contain:

1.        A statement of facts;

2.        A statement of the decision with supporting rationale; and

3.        A statement that the parties may file a motion for rehear- ing within 15 days from the date a copy of this decision is served upon the party.

Historical Note

Adopted effective December 17, 1987 (Supp. 87-4). Amended by final rulemaking at 6 A.A.R. 3750, effective September 8, 2000 (Supp. 00-4). Section amended by final exempt rulemaking at 21 A.A.R. 1525, effective July 1, 2015 (Supp. 15-3).