R13-4-118. Hearings; Rehearings

A. If a respondent makes a request for hearing under R13-4- 109(E), the hearing shall be held in accordance with A.R.S. Title 41, Chapter 6, Article 10. B. If a respondent fails to comply with the requirements under R13-4-109(E) within 30 days of the notice of action sent under R13-4-109(E), the Board may consider the case based on the information available. C. If a respondent requests a hearing, but fails to appear at the hearing, the Board or administrative law judge may vacate the hearing. If a hearing is vacated, the Board may deem the acts and violations charged in the notice of action admitted, and impose any of the sanctions provided by A.R.S. § 41-1822 (D)(1). D. The Board shall render a decision in writing. The Board shall serve notice of the decision on each party as required by A.R.S. § 41-1092.04. E. Except as provided in subsection (I), a party is required to file a motion for rehearing or review of a Board decision to exhaust the party’s administrative remedies. F. A party may file a motion for rehearing or review of a decision with the Board not later than 30 days after service of the Board’s decision, specifying the particular grounds for the motion. G. The Board may grant a rehearing or review of a decision for any of the following reasons materially affecting the moving party’s rights: 1. Irregularity in the administrative proceedings, or any abuse of discretion that deprived the moving party of a fair hearing; 2. Misconduct of the Board, the administrative law judge, or the prevailing party; 3. Mistake 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. Error in the admission or rejection of evidence or other errors of law occurring at the hearing; or 6. The decision was not justified by the evidence or the decision was contrary to law. H. The Board may affirm or modify the decision or grant a rehearing to any or all of the parties, on part or all of the issues, for any of the reasons in subsection (G). An order granting a rehearing shall specify the particular issues in the rehearing and the rehearing shall concern only the matters specified. I. If the Board makes a specific finding that a particular decision needs to be effective immediately to preserve the public peace, health, or safety and that a review or rehearing of the decision is impracticable, unnecessary, or contrary to the public interest, the Board shall issue the decision as a final decision without an opportunity for rehearing or review.