1. A. If a respondent requests a hearing in the time and manner specified under R13-14-202(D), the Board may elect to:

   1. 1. Have the hearing conducted by the Office of Administrative Hearings, as described under A.R.S. § 41-1092.01(J); or
   2. 2. Conduct the hearing according to A.R.S. §§ 22-137(B)(5) and 41-1092.01(F).
2. B. If the respondent requests a hearing but fails to appear at the scheduled hearing, the Administrative Law Judge or the Board may deem the failure to appear as an admission of the acts and violations alleged in the notice of action and take disciplinary action authorized under R13-14-202(B).

3. C. General hearing procedures.

   1. 1. The Board shall notify all parties of the date, time, and location of the hearing.
   2. 2. The Board has the burden of proof at the hearing. The Board shall establish by a preponderance of the evidence that the Board has just cause before the Board disciplines the respondent.
   3. 3. The Board shall sit as a whole at a hearing unless a Board member declares a conflict or is unable to attend. Only a Board member who is present during the hearing may participate in making the decision.
   4. 4. The Board shall take the actions authorized under A.R.S. § 22-137(B)(5), as applicable, to facilitate the hearing.
   5. 5. The party that asks the Board to issue a subpoena shall pay all expenses associated with the subpoena including, except as specified in subsection (C)(6), the witness fee and mileage allowed under A.R.S. § 12-303.
   6. 6. A county official or other employee who appears as a hearing witness while on duty is not entitled to the witness fee and mileage allowed under A.R.S. § 12-303.

4. D. Discovery.

   1. 1. The Board shall provide the respondent with a complete copy of the investigative file within three business days after the respondent requests a hearing under R13-14-202(D). The Board shall include the names and mailing addresses of all persons interviewed during the investigation. The Board is not required to provide a copy of hand-written notes if the content of the hand-written notes is incorporated into the investigative file.
   2. 2. The respondent shall provide the Board with a copy of all material relating to the respondent’s defense within 10 days after the respondent receives the copy of the investigative file.
   3. 3. After the initial exchange of discovery required under subsections (D)(1) and (2), each party shall provide the other party with a copy of all new material relating to the case within 10 days after the new material is received.
   4. 4. No later than 15 business days before the scheduled hearing, the parties shall exchange copies of all documents that may be introduced at the hearing and have not been previously disclosed.
   5. 5. No later than 10 business days before the scheduled hearing, the parties shall exchange the names of all witnesses who may be called to testify.
   6. 6. No later than five business days before the scheduled hearing, each party shall provide to the Board office a copy of all documents that will be used at the hearing and a list of intended witnesses.
   7. 7. If a party fails to provide material or identify witnesses as required, the Board may preclude use of the material or witness at the hearing.

5. E. Witnesses.

   1. 1. A witness for one party may be interviewed by the other party only if the witness voluntarily agrees to the interview;
   2. 2. A party shall not interfere or attempt to interfere with a witness’s decision regarding whether to be interviewed; and
   3. 3. A party shall not discipline, retaliate against, or threaten a witness in any way for agreeing or not agreeing to be interviewed or for testifying or providing evidence at a hearing.

6. F. Motions.

   1. 1. A party shall ensure a motion is made in writing, served on the opposing parties, and filed with the Board no later than 20 days before the scheduled hearing.
   2. 2. A response to a motion shall be in writing, served on the opposing parties, and filed with the Board within 10 days after service of the motion.
   3. 3. Except as provided in subsection (F)(4), the Board chair may designate one or more Board members to hear and rule on each motion.
   4. 4. A motion to dispose of the case shall be heard by all Board members who do not have a conflict or are otherwise unable to participate. A majority vote of the Board members hearing the motion to dispose of the case is required for disposal.

7. G. Depositions.

   1. 1. A party may make a motion for the Board to order a witness to provide a deposition.

   2. 2. The Board shall order a witness to provide a deposition if:

      1. a. The witness does not reside in Arizona or is out of state; or
      2. b. The witness is too ill to attend the scheduled hearing; and
      3. c. The deposition is relevant to a case before the Board.
   3. 3. The party that made the motion under subsection (G)(1) shall pay all expenses associated with the deposition including, unless the witness is a county official or employee, the witness fee and mileage allowed under A.R.S. § 12-303.
   4. 4. If a deposed witness is unable to appear at the hearing, the deposition may be used in evidence by a party or the Board.

8. H. Open hearings.

   1. 1. The Board shall ensure all hearings are open to the public.
   2. 2. On request of a party, the Board may exclude from the hearing a witness who is not testifying.
   3. 3. The Board shall ensure witnesses excluded under subsection (H)(2) are kept separate from and not allowed to communicate with each other until all have been examined.

9. I. Legal counsel or representative. A party may have legal counsel or other representative appear on the party’s behalf at a hearing.

   1. 1. Before a hearing begins, a party shall designate the party’s legal counsel or representative, if any.
   2. 2. The Board shall advise a party without legal counsel that the party may obtain and be represented by counsel at the hearing.
   3. 3. A party may request the Board postpone a hearing to enable the party to obtain legal counsel. The Board shall postpone the hearing for a reasonable time.

10. J. Presentation of evidence.

    1. 1. A party may present evidence and witnesses at a hearing.
    2. 2. The Board shall exclude evidence it determines is irrelevant.

11. K. Settlement.

    1. 1. The parties may settle a dispute before there is a hearing.
    2. 2. If requested by the respondent, the parties may submit the terms of a settlement to the Board for approval. If the Board approves the settlement, the settlement becomes final.
    3. 3. The Board shall not allow evidence of settlement discussion or proposed settlement agreement to be admitted against the respondent in a hearing before the Board.

12. L. Final administrative decision.

    1. 1. The Board shall issue a final decision within 20 days after the hearing ends.
    2. 2. The Board shall ensure the final decision is written and contains findings of fact and conclusions of law supporting the decision.
    3. 3. The Board shall include with the final decision an explanation of the respondent’s right to appeal the decision and provide information regarding the appeal process.
    4. 4. The Board shall serve the final administrative decision on all parties.

Historical Note

New Section made by final rulemaking at 24 A.A.R. 1518, effective June 30, 2018 (Supp. 18-2). Amended by final rulemaking at 31 A.A.R. 3058 (September 26, 2025), effective November 2, 2025 (Supp. 25-3).