Statutes and Rules

Rules

A.A.C. R13-11-108. Hearings

When determining whether an appellant should receive a good cause exception at a hearing, the Board or its hearing officer shall consider whether the appellant has shown to the Board or its hearing officer's satisfaction that the appellant is not awaiting trial on or has not been convicted of committing any of the offenses listed in A.R.S. § 41-1758.03 or that the person is successfully rehabilitated and is not a recidivist. The Board or its hearing officer shall consider the following:
1. The extent of the appellant's criminal record;
2. The length of time that has elapsed since the offense was committed;
3. The nature of the offense;
4. Any applicable mitigating circumstances;
5. The degree to which the appellant participated in the offense; and
6. The extent of the appellant's rehabilitation, including:
  1. Completion of or progress toward completing probation, parole, or community supervision;
  2. Completion of payment or progress toward paying restitution or other compensation for the offense;
  3. Evidence of positive action to change criminal behavior, such as completion of a drug treatment program or counseling;
  4. Personal references attesting to the appellant's rehabilitation; and
  5. Witness testimony.
Absent good cause, if the appellant or his or her representative fail to appear at a hearing, the Board or its hearing officer may deny the applicant a good cause exception for failure to appear at the hearing. An appellant demonstrates good cause by showing that the appellant could not have been present at the hearing or requested that the hearing be rescheduled pursuant to R13-11-106, using reasonable diligence. An appellant's failure to inform the Board of a change in address shall not constitute grounds for good cause. The Board or its hearing officer shall determine whether good cause exists.
The Board or its hearing officer shall grant or deny a good cause exception with 80 days of the hearing.