Section R9-34-320. Motion for Rehearing or Review

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 FFS member of a State 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 a party at the hearing.

Historical Note

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