1. 1. “Administrative hearing” means a scheduled Executive Hearing Office proceeding for deciding a dispute based on the evidence presented to an administrative law judge. An administrative hearing includes:

   1. a. Advance notice to participants of record,
   2. b. An opportunity for witnesses to testify under oath, and
   3. c. Presentation of documentary evidence.
2. 2. “Administrative law judge” means a person who conducts a summary review or presides at an administrative hearing, with the powers listed under these rules.

3. 3. “Affidavit” means a declaration or statement of facts made:

   1. a. In writing, and
   2. b. Under oath or affirmation.
4. 4. “Agency action” means an action affecting a license, permit, certificate, approval, registration, or other permission issued by the Arizona Department of Transportation or the Division.

5. 5. “Attorney” means:

   1. a. An individual who is an active member in good standing with the State Bar of Arizona,
   2. b. An individual approved to appear pro hac vice before the Executive Hearing Office pursuant to Rule 38(A) of the Arizona Supreme Court, or
   3. c. An individual authorized by Rule 31 of the Arizona Supreme Court to appear on behalf of another person or legal entity at a hearing before the Executive Hearing Office.
6. 6. “Business day” means a day other than a Saturday, Sunday, or state holiday.

7. 7. “Deposition” means a witness’ testimony:

   1. a. Given under oath or affirmation,
   2. b. Brought out by another person’s oral or written questions, and
   3. c. Reduced to writing for a proceeding.
8. 8. “Director” means the Arizona Department of Transportation, Motor Vehicle Division Director.
9. 9. “Division” means the Arizona Department of Transportation, Motor Vehicle Division.
10. 10. “Executive Hearing Office” means the branch of the Director’s office that conducts an administrative hearing or a summary review.

11. 11. “In writing” means:

    1. a. An original document,
    2. b. A photocopy,
    3. c. A facsimile, or
    4. d. An electronic mail message.
12. 12. “Motion” means a written or oral proposal for consideration and action filed by a person with the Executive Hearing Office.

13. 13. “Participant of record” means:

    1. a. A petitioner or a respondent;
    2. b. An attorney representing a petitioner or respondent; or
    3. c. A person or entity with an interest in the subject matter of an administrative hearing as determined from Division records or from Arizona Department of Transportation records.
14. 14. “Petitioner” means a person or entity that requests an administrative hearing or a summary review from the Executive Hearing Office.
15. 15. “Respondent” means a person against whom relief is sought in an Executive Hearing Office proceeding.
16. 16. “Summary review” means an Executive Hearing Office proceeding conducted under A.R.S. § 28-1385(L).
17. 17. “Under oath or affirmation” means a witness’ sworn statement made to a person with the power to administer an oath or affirmation.

The following definitions apply to this Article unless otherwise required:

Historical Note

New Section recodified from R17-4-901 at 7 A.A.R. 3477, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 7 A.A.R. 4133, effective September 13, 2001 (Supp. 01-3). Amended by final rulemaking at 13 A.A.R. 4598, effective February 3, 2008 (Supp. 07-4).