Section R9-34-223. Motion for Rehearing or Review

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Under A.R.S. § 41-1092.09, the Director shall grant a rehearing or review for any of the following reasons materially affecting an enrollee's rights:

1.       Irregularity in the proceedings of a hearing that deprived an enrollee of a fair hearing;

2.        Misconduct of AHCCCS, OAH, or a party;

3.       Newly discovered material evidence that could not, with reasonable diligence, have been discovered and produced at the hearing;

4.        The decision is the result of passion or prejudice;

5.        The decision is not justified by the evidence or is contrary to law; or

6.        Good cause is established for the nonappearance of the enrollee at the State Fair Hearing.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 828, effective April 3, 2004 (Supp. 04-1).

                    
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