Ariz. Admin. Code § 20-5-1541

Current through Register Vol. 30, No. 50, December 13, 2024

Section R20-5-1541 - Request for Review of Decision Upon Hearing

A. A party may request review of a Commission decision upon hearing issued under R20-5-1540 by filing with the Commission a written request for review no later than 15 days after the decision upon hearing is served upon the parties. A decision upon hearing under R20-5-1540 is deemed final if a request for hearing is not received by the Commission within the time specified in this subsection.

B. A request for review of a Commission decision upon hearing must be based upon one or more of the following grounds materially affecting the rights of the requesting party:

1. Irregularities in the hearing proceedings or any order or abuse of discretion that deprives a party seeking review of a fair hearing;

2. Misconduct of the prevailing party;

3. Accident or surprise, which could not have been prevented;

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

5. Error in the admission or rejection of evidence, or errors of law occurring at, or during the hearing;

6. Bias or prejudice of the Division or Commission; or

7. The decision upon hearing is not justified by the evidence or is contrary to law.

C. The request for review shall state the specific facts and law in support of the request and shall specify the relief sought.

D. Upon the completion of a review, the Commission shall issue a decision upon review either affirming, modifying, or reversing the decision upon hearing no later than 30 days after receiving a request for review. The decision of the Commission shall be made by a majority vote of the quorum of Commission members present at a public meeting. The decision upon hearing shall comply with the provisions of A.R.S. § 41-1063.

E. The Commission's decision upon review is final unless a party seeks judicial review as provided in A.R.S. § 23-946.

Ariz. Admin. Code § R20-5-1541

New section made by final rulemaking at 28 A.A.R. 3435, effective 10/5/2022.