Current through Register Vol. 30, No. 38, September 20, 2024
A. If a
hearing is required or permitted under Articles 10 and 11, this Section shall
apply. Hearing officers shall be selected pursuant to
R7-2-1147(D) and
(E) or
R7-2-1158(E) and
(F).
B. The Arizona Administrative Procedure Act
(A.R.S. Title 41, Chapter 6) shall apply where the Act is not inconsistent with
Articles 10 and 11.
C. The hearing
officer shall arrange for a hearing to be held within 30 days of receiving
required responses and comments from both parties and notify the parties in
writing of the time and place of the hearing.
D. The hearing officer may:
1. Hold pre-hearing conferences to settle,
simplify, or identify the issues in a proceeding, or to consider other matters
that may aid in the expeditious disposition of the proceeding;
2. Require parties to state their positions
concerning the various issues in the proceeding;
3. Require parties to produce for examination
those relevant witnesses and documents under their control;
4. Rule on motions and other procedural items
on matters pending before such officer;
5. Regulate the course of the hearing and
conduct of participants;
6.
Establish time limits for submission of motions or memoranda;
7. Impose appropriate sanctions against any
person failing to obey an order under these procedures, which may include:
a. Refusing to allow the person to assert or
oppose designated claims or defenses, or prohibiting that person from
introducing designated matters in evidence;
b. Excluding all testimony of an unresponsive
or evasive witness; and
c.
Expelling person from further participation in the hearing;
8. Take official notice of any
material fact not appearing in evidence in the record, if the fact is among the
traditional matters of judicial notice; and
9. Administer oaths or
affirmations.
E. A
transcribed record of the hearing shall be made available at cost to any
requesting party.
F. Decision by
the hearing officer. A decision by the hearing officer shall be sent within 30
days after the conclusion of the hearing to all parties by any means evidencing
receipt. A decision shall contain:
1. A
statement of facts;
2. A statement
of the decision with supporting rationale; and
3. A statement that the parties may file a
motion for rehearing within 15 days from the date a copy of this decision is
served upon the party.
