Statutes and Rules

Rules

A.A.C. R13-11-110. Rehearing or Review of Decision

  1. An appellant may seek a review or rehearing of a Board or hearing-officer decision that results from an administrative hearing by submitting a written request for a review or rehearing to the Board within 30 days from the date of service of the decision. The Board or its hearing officer shall grant a request for review or rehearing for any of the following reasons materially affecting the rights of the appellant:
    1. The findings of fact, conclusions of law, or decision are not supported by the evidence or are contrary to law;
    2. The appellant was deprived of a fair hearing due to irregularity in the proceedings, abuse of discretion, or misconduct by the hearing officer;
    3. Newly discovered material evidence exists that could have a bearing on the decision and that, with reasonable diligence, could not have been discovered and produced earlier; or
    4. Error in admission or rejection of evidence or other errors of law occurring at the hearing.
  2. The request must specify the grounds for a review or rehearing and must provide reasonable evidence that the appellant's rights were materially affected.
  3. The Board or its hearing officer may grant a rehearing or review for any of the reasons in subsection A. The Board or its hearing officer may take additional testimony; amend or make new findings of fact and conclusions of law; and affirm, modify, or reverse the original decision.
  4. A rehearing or review, if granted, must be a rehearing or review only of the issue upon which the decision is found erroneous. An order granting or denying a rehearing or review must specify the basis for the order.

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