- A. A party may request review of a Commission decision upon hearing issued under R20-5-1540 by filing with the Commission a written request for review no later than 15 days after the decision upon hearing is served upon the parties. A decision upon hearing under R20-5-1540 is deemed final if a request for hearing is not received by the Commission within the time specified in this subsection.
B. A request for review of a Commission decision upon hearing must be based upon one or more of the following grounds materially affecting the rights of the requesting party:
- 1. Irregularities in the hearing proceedings or any order or abuse of discretion that deprives a party seeking review of a fair hearing;
- 2. Misconduct of the prevailing party;
- 3. Accident or surprise, which could not have been prevented;
- 4. Newly discovered material evidence that could not have been discovered with reasonable diligence and produced at the hearing;
- 5. Error in the admission or rejection of evidence, or errors of law occurring at, or during the hearing;
- 6. Bias or prejudice of the Division or Commission; or
- 7. The decision upon hearing is not justified by the evidence or is contrary to law.
- C. The request for review shall state the specific facts and law in support of the request and shall specify the relief sought.
- D. Upon the completion of a review, the Commission shall issue a decision upon review either affirming, modifying, or reversing the decision upon hearing no later than 30 days after receiving a request for review. The decision of the Commission shall be made by a majority vote of the quorum of Commission members present at a public meeting. The decision upon hearing shall comply with the provisions of A.R.S. § 41-1063.
- E. The Commission’s decision upon review is final unless a party seeks judicial review as provided in A.R.S. § 23-946.
Historical Note
New Section made by final rulemaking at 28 A.A.R. 3435 (October 28, 2022), with an immediate effective date of October 5, 2022 (Supp. 22-4).