R4-22-108. Rehearing or Review of Decision

A. The Board shall provide for a rehearing and review of its decisions under A.R.S. Title 41, Chapter 6, Article 10 and rules established by the Office of Administrative Hearings. B. Except as provided in subsection (I), a party is required to file a motion for rehearing or review of a decision of the Board to exhaust the party’s administrative remedies. C. A party may amend a motion for rehearing or review at any time before the Board rules on the motion. D. The Board may grant a rehearing or review for any of the following reasons materially affecting a party’s rights: 1. Irregularity in the proceedings of the Board, or any order or abuse of discretion, that deprived the moving party of a fair hearing; 2. Misconduct of the Board, its staff, an administrative law judge, 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 hearing; 5. Excessive penalty; 6. Error in the admission or rejection of evidence or other errors of law occurring at the hearing or during the progress of the proceedings; 7. The Board’s decision is a result of passion or prejudice; or 8. The findings of fact or decision is not justified by the evidence or is contrary to law. E. The Board may affirm or modify a decision or grant a rehearing to all or any of the parties on all or part of the issues for any of the reasons in subsection (D). An order modifying a decision or granting a rehearing shall specify with particularity the grounds for the order. F. When a motion for rehearing or review is based upon affidavits, the affidavits shall be served with the motion. An opposing party may, within 15 days after service, serve opposing affidavits.