Section R9-26-303. Rehearing or Review of Decision

A.      Any party to a case who is aggrieved by a decision rendered in the case may, within 30 days after the date of the Commis- sion’s decision, file with the Director a written request for a rehearing or review of the decision. The request shall specify the particular grounds for the rehearing or review. The request- ing party shall serve copies upon all other parties. A request

for rehearing or review under this Section may be amended at any time before it is ruled upon by the Director.

B.       The opposing party may file a response to the request for a rehearing or review within 15 days after the written request is received.

C.      A rehearing or review of the decision may be granted for any of the following causes which materially affect the requesting party’s rights:

1.        Irregularity in the proceedings or any abuse of discretion that deprives the requesting party of a fair hearing;

2.        Misconduct of the hearing officer or the 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 original hearing;

5.        Excessive or insufficient penalties;

6.        Error in the admission or rejection of evidence or other errors of law occurring during the proceedings;

7.        That the decision is the result of passion or prejudice; or

8.        That the decision is not supported by the evidence or is contrary to law.

D.      Upon examination of a request for rehearing or review and any response, the Director may affirm or modify the decision.

E.       Within 15 days after a decision is rendered, the Director may, on the Director’s own initiative, order a rehearing or review of a decision for any reason for which a rehearing on motion of a party might have been granted. The order granting the rehear- ing shall specify the grounds for the review of the decision.

Historical Note

Adopted effective May 12, 1986 (Supp. 86-3). Section repealed; new Section adopted by final rulemaking at 6

A.A.R. 3827, effective September 15, 2000 (Supp. 00-3).