Statutes and Rules

Rules

A.A.C. R13-11-106. Request to vacate, reschedule, or continue hearing; reconvening a hearing

  1. An appellant who wishes to request that the Board or its hearing officer vacate or reschedule a hearing shall submit a written request to the Board.
  2. The Board shall give an appellant written notification if a hearing has been vacated or rescheduled.
  3. Vacating a hearing. The Board or its hearing officer may vacate a hearing if:
    1. The Department determines that it will issue the fingerprint clearance card that the appellant has requested;
    2. The appellant withdraws the appeal by submitting a written notice to the Board; or
    3. Facts demonstrate to the Board or its hearing officer that it is appropriate to vacate the hearing if the action will further administrative convenience, expedience, and economy and does not conflict with law or cause undue prejudice to any party.
  4. Rescheduling a hearing. The Board or its hearing officer may reschedule a hearing if:
    1. The appellant shows that attending the calendared hearing would cause excessive or undue prejudice or hardship.
    2. The appellant shows that attending the calendared hearing would be impossible, using reasonable diligence.
    3. Rescheduling the calendared hearing is necessary to give priority to a hearing for an appellant whose fingerprint clearance card was suspended over a hearing for an appellant whose application for a fingerprint clearance card was denied.
    4. Facts demonstrate to the Board or its hearing officer that it is appropriate to reschedule the hearing for the purpose of administrative convenience, expedience, and economy and does not conflict with law or cause undue prejudice to any party.
  5. Continuing a hearing. When ruling on a motion to continue a hearing, the Board or its hearing officer shall consider such factors as:
    1. The reasons for continuing the hearing; and
    2. Whether the continuance will cause undue prejudice to any party.
  6. Reconvening a hearing. The Board or its hearing officer may recess a hearing and reconvene at a future date by a verbal ruling.

Copyright © 2007 Arizona Board of Fingerprinting. For technical issues, please contact info@azbof.gov.