Ariz. Admin. Code § 20-5-659

Current through Register Vol. 30, No. 43, October 25, 2024

Section R20-5-659 - Request for Hearings on Petition

A. Any employer, employee, authorized employee representative, representative, or other person interested in or affected by an order of the Commission may petition for a hearing on the reasonableness and lawfulness of an order issued under A.R.S. §§ 23-411 or 23-412, by a verified petition filed with the Commission.

B. A request for a hearing filed shall include:

1. The name and address of the applicant;

2. A concise statement of facts showing how the employer, employee, authorized employee representative, representative, or other person would be affected by the relief applied for;

3. A petition shall set forth specifically and in detail the order upon which a hearing is desired;

4. The reasons why the order is unreasonable or unlawful;

5. The issue to be considered by the Commission on the hearing. Objections other than those set forth in the petition are deemed finally waived.

6. If the applicant is an employer, a certification that the applicant has informed the affected employees of the application by:

a. Giving a copy thereof to their authorized representative;

b. Posting at the place or places where notices to employees are normally posted, a statement giving a summary of the petition specifying where a copy of the full petition may be examined (or, in lieu of the summary, posting the application itself); and

c. Other appropriate means.

7. If the applicant is an affected employee, a certification that a copy of the petition has been furnished to the employer.

C. The Commission may on its own motion proceed to modify or revoke a rule or order issued under A.R.S. §§ 23-411 or 23-412. In such event, the Commission shall cause to be published in statewide newspapers a notice of its intention, affording interested persons an opportunity to submit written data, views, or arguments regarding the proposal and informing the affected employer and employees of their right to request a hearing and shall take such other action as may be appropriate to give actual notice to the affected employees. Any request for a hearing shall include a short and plain statement of:

1. How the proposed modification or revocation would affect the requesting party; and

2. What the requesting party would seek to show on the subjects or issues involved.

Ariz. Admin. Code § R20-5-659

Adopted as an emergency effective October 29, 1980, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 80-5). Former Section R4-13-661 adopted as an emergency effective October 29, 1980, renumbered and adopted as Section R4-13-659 effective March 2, 1981 (Supp. 81-2). R20-5-659recodified from R4-13-659 (Supp. 95-1). Amended by final rulemaking at 30 A.A.R. 2109, effective 6/6/2024.