A. Motion for rehearing.
- 1. Except as provided in subsection (C), any party in a contested case or appealable agency action may file a written motion for rehearing within 30 days after service of the decision. The requesting party shall specify the grounds for a rehearing, as provided in subsection (B). A respondent may file a response to the motion within 15 days after service.
- 2. A party filing a post-hearing motion shall include references to the record where appropriate.
- 3. The Council may require the parties to file written memoranda upon the issues raised in the motion and may permit oral argument.
- 4. The Council may grant a rehearing on all or part of the issues. If a rehearing is granted, the Council shall specify the grounds for the rehearing, and the rehearing shall cover only those matters.
B. Basis for a rehearing. The Council may grant a rehearing for any of the following causes:
- 1. The Council acted in an arbitrary or capricious manner or abused its discretion;
- 2. Misconduct of the Council or the prevailing party;
- 3. Newly discovered material evidence which, with reasonable diligence, could not have been discovered and produced at the original hearing;
- 4. Error in the admission or rejection of evidence or other errors of law occurring at the hearing or during the progress of the action;
- 5. The decision was not supported by the evidence; or
- 6. The decision is contrary to law.
- C. Decisions not subject to rehearing. The Council may issue a decision as final upon making a specific finding that a decision’s immediate effectiveness is necessary for the preservation of the public peace, health, or safety, or that a rehearing of the decision is impractical, unnecessary, or contrary to the public interest.
Historical Note
New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2). Amended by final rulemaking at 9 A.A.R. 1619, effective July 5, 2003 (Supp. 03-2). Amended by final rulemaking at 23 A.A.R. 2564, effective November 5, 2017 (Supp. 17-3).