Arizona Administrative Code
Title 3 - AGRICULTURE
Chapter 1 - DEPARTMENT OF AGRICULTURE - ADMINISTRATION
Article 2 - PRACTICE AND PROCEDURE - CONTESTED CASES AND APPEALABLE AGENCY ACTIONS
Section R3-1-218 - Rehearing or Review of Decision; Basis
Universal Citation: AZ Admin Code R 3-1-218
Current through Register Vol. 30, No. 38, September 20, 2024
A. A party may file a motion for rehearing or review under A.R.S. § 41-1092.09.
B. The Director shall grant a rehearing or review of an administrative law judge's decision for any of the following causes materially affecting the moving party's rights:
1. The decision is not justified by the
evidence or is contrary to law.
2.
There is newly discovered material evidence which could not with reasonable
diligence have been discovered and produced at the original
proceeding.
3. One or more of the
following has deprived the party of a fair hearing:
a. Irregularity or abuse of discretion in the
conduct of the proceeding;
b.
Misconduct of the Department, the administrative law judge, or the prevailing
party; or
c. Accident or surprise
which could not have been prevented by ordinary prudence.
4. Excessive or insufficient
sanction.
C. The Director may grant a rehearing or review to any or all of the parties. The rehearing or review may cover all or part of the issues for any of the reasons stated in subsection (B). An order granting a rehearing or review shall particularly state the grounds for granting the rehearing or review, and the rehearing or review shall cover only the grounds stated.
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