Arizona Administrative Code › Title 12 - NATURAL RESOURCES › Chapter 4 - GAME AND FISH COMMISSION › Article 6 - RULES OF PRACTICE BEFORE THE COMMISSION › Section R12-4-607 - Proceedings for License Revocation, Suspension, or Denial of Right to Obtain a License, and Civil Damages

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Director may commence a proceeding for the Commission to revoke, suspend or
				deny a license under A.R.S. §§
									17-236,
				17-238,
				17-334,
				17-340,
				17-362,
				17-363,
				and
				17-364.
				The Director may also commence a proceeding for the Commission to impose a
				civil penalty under A.R.S. §
									17-314.
B. The Commission shall conduct a hearing
				concerning revocation, suspension, or denial of the right to obtain a license
				in accordance with the Administrative Procedure Act, A.R.S. Title 41, Chapter
				6, Article 10. In a proceeding conducted under A.R.S. §
									17-340,
				a respondent shall limit testimony to facts that show why the license should
				not be revoked or denied. Because the Commission does not have the authority to
				consider or change the conviction, a respondent is not permitted to raise this
				issue in the proceeding. The Commission shall permit a respondent to offer
				testimony or evidence relevant to the Commission's decision to impose a civil
				penalty or order a civil action for the recovery of wildlife parts.
C. If a respondent does not appear for a
				hearing on the date scheduled, at the time and location noticed, no further
				opportunity to be heard shall be provided, unless a rehearing or review is
				granted under
				R12-4-608.
				If the respondent does not wish to attend the hearing, the respondent may
				submit written testimony to the Department before the hearing date designated
				in the Notice of Hearing. The Commission shall ensure that written testimony
				received at the time of the hearing is read into the record at the
				hearing.
D. The Commission shall
				base its decision on the officer's case report, a summary prepared by the
				Department, a certified copy of the court record, and any testimony presented
				at the hearing. The Department shall supply the respondent with a copy of each
				document provided to the Commission for use in reaching a decision.
E. Any party may apply to the Commission for
				issuance of a subpoena to compel the appearance of any witness or the
				production of documents at any Commission hearing. No less than 10 calendar
				days before the hearing, the party shall file a written application that
				provides the name and address of the witness, the subject matter of the
				expected testimony, the documents sought to be produced, and the date, time,
				and place of the hearing. The Commission Chair has the authority to issue the
				subpoenas.
1. A party shall have a subpoena
				served as prescribed in the Arizona Rules of Civil Procedure, Rule 45. An
				employee of the Department may serve a subpoena at the request of the
				Commission Chair.
2. A party may
				request that a subpoena be amended at any time before the deadline provided in
				this Section for filing the application. The party shall have the amended
				subpoena served as provided in subsection (E)(1).