1. A. An administrative law judge shall preside at an administrative hearing and shall:

   1. 1. Administer oaths or affirmations;
   2. 2. Conduct fair and impartial hearings;
   3. 3. Have the parties state orally at the hearing their positions on the issues;
   4. 4. Rule on motions filed under R17-1-508;
   5. 5. Maintain an administrative hearing record;
   6. 6. Issue a written decision, including findings of fact and conclusions of law, based on the record, and
   7. 7. Sustain an agency action supported by the record, state and administrative law.

2. B. In addition to the requirements of subsection (A), an administrative law judge may:

   1. 1. Issue a subpoena for the attendance of a relevant witness or for the production of relevant documents or things, and
   2. 2. Question a witness.
3. C. An administrative law judge may order summary suspension of a license according to A.R.S. § 41-1064(C).
4. D. A.R.S. § 41-1063 applies to the contents and service of an administrative hearing decision.

5. E. A participant of record shall not communicate, either directly or indirectly, with the administrative law judge about any substantive issue in a pending matter unless:

   1. 1. All participants of record are present;
   2. 2. Communication is during a scheduled proceeding, where an absent participant of record fails to appear after proper notice; or
   3. 3. Communication is by written motion with copies to all participants of record.

6. F. At the request of a participant of record or at the judge’s discretion, an administrative law judge may order a witness excluded from the hearing room except:

   1. 1. A participant of record, or
   2. 2. A person whose presence is shown to be essential to the presentation of a participant of record’s case.

Historical Note

New Section recodified from R17-4-905 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). Former R17-1-505 renumbered to R17-1-506; new R17-1-505 renumbered from R17-1-504 and amended by final rulemaking at 13 A.A.R. 4598, effective February 3, 2008 (Supp. 07-4).