R4-26-416. 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. B. Except as provided in subsection (H), 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, or an administrative law judge; 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 or insufficient 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; and 7. The findings of fact or a 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 or review to all or some of the parties on all or some of the issues for any of the reasons listed in subsection (D). An order modifying a decision or granting a rehearing or review shall specify with particularity the grounds for the order. If a rehearing or review is granted, the rehearing or review shall cover only the matters specified in the order. F. Within 30 days after the date of a decision and after giving the parties notice and an opportunity to be heard, the Board may, on its own initiative, order a rehearing or review of its decision for any reason it might have granted a rehearing or review on motion of a party. The Board may grant a motion for rehearing or review, timely served, for a reason not stated in the motion. An order granting a rehearing or review shall specify with particularity the grounds on which the rehearing or review is granted. G. When a motion for rehearing is based upon affidavits, they shall be served with the motion. An opposing party may, within 15 days after service, serve opposing affidavits. H. If, in a particular decision, the Board makes a specific finding that the immediate effectiveness of the decision is necessary for preservation of the public health, safety, or welfare and that a rehearing or review of the decision is impracticable, unnecessary, or contrary to the public interest, the decision may be issued as a final decision without an opportunity for a rehearing or review. I. An application for judicial review of any final Board decision may be made under A.R.S. § 12-901 et seq.