- A. A request for hearing on a cease and desist order form must be completed in writing and received by the Director no later than 20 days after the issuance of the cease and desist order.
- B. The Department has the burden of proof to establish a violation of the Act.
- C. An Administrative Law Judge shall preside over hearings held under this Section and shall apply the provisions of A.R.S. § 41-1062 to hearings held under this Section and shall have the authority and power of a presiding officer as described in A.R.S § 41-1062.
- D. The Chief Counsel of the Commission, or a designee, shall represent the Division in hearings held under this Section.
- E. Except as otherwise provided by law, a party to a hearing may appear on its own behalf or through an authorized legal representative. When an authorized legal representative appears or intends to appear before the Commission, the representative shall file a notice of appearance with the Commission.
- F. Upon the completion of a hearing, the ALJ shall issue an order either affirming, modifying, or reversing the cease and desist order.
- G. The order issued by the ALJ after the hearing is final unless within 30 days after the date of service of an order a party requests review.
- H. A party may request review of the ALJ order by filing with the ALJ a written request for review.
- I. Upon the completion of a review, the ALJ shall issue an order upon review either affirming, modifying, or reversing the ALJ order no later than 30 days after receiving a request for review.
- J. The order upon review is final unless a party seeks judicial review as provided in A.R.S. § 23-237(C).
Historical Note
Adopted effective January 13, 1976 (Supp. 76-1). Former Section R4-13-906 repealed, new Section R4-13-906 adopted effective May 27, 1977 (Supp. 77-3). R20-5-906 recodified from R4-13-906 (Supp. 95-1). Section expired pursuant to A.R.S. § 41-1056(E), filed in the Office of the Secretary of State February 4, 2000 (Supp. 00-1). New Section made by final rulemaking at 30 A.A.R. 2130 (June 28, 2024), effective August 5, 2024 (Supp. 24-2).