Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 23 - BOARD OF PHARMACY › Article 1 - ADMINISTRATION › Section R4-23-122 - Conduct of Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. Public
				access. Unless otherwise provided by law, all hearings are open to the public
				and may be conducted in an informal manner as prescribed in A.R.S. §
									41-1092 et
				seq.
B. Opening. The Board shall
				begin the hearing by reading the caption, stating the nature and scope of the
				hearing, and identifying the parties, counsel, and witnesses for the
				record.
C. Stipulations. The Board
				shall enter into the record any stipulation, settlement agreement, or consent
				order entered into by any of the parties before or during the
				hearing.
D. Opening statements. The
				party with the burden of proof may make an opening statement at the beginning
				of a hearing. All other parties may make statements in a sequence determined by
				the Board.
E. Order of
				presentation. After opening statements, the party with the burden of proof
				shall begin the presentation of evidence, unless the parties agree otherwise or
				the Board determines that requiring another party to proceed first would be
				more expeditious or appropriate, and would not prejudice any other party.
				Copies of documentary evidence may be received in the discretion of the Board.
				Upon request, parties shall be given an opportunity to compare the copy with
				the original.
F. Examination. A
				party shall conduct direct and cross examination of witnesses in the order and
				manner determined by the Board to expedite and ensure a fair hearing. The Board
				shall make rulings necessary to prevent argumentative, repetitive, or
				irrelevant questioning and to expedite the examination to the extent consistent
				with the disclosure of all relevant testimony and information. The Board may
				take notice of judicially cognizable facts. In addition, the Board may take
				notice of generally recognized technical or scientific facts within the Board's
				or its staff's specialized knowledge. A party shall be notified either before
				or during the hearing or by reference in preliminary reports of the material
				the Board notices. The Board may use the Board's or its staff's experience,
				technical competence, and specialized knowledge in the evaluation of the
				evidence.
G. Closing argument. When
				all evidence has been received, parties shall have the opportunity to present
				closing oral argument, in a sequence determined by the Board. The Board may
				permit or require closing oral argument to be supplemented by written
				memoranda. The Board may permit or require written memoranda to be submitted
				simultaneously or sequentially, within time periods the Board may
				prescribe.
H. Conclusion of
				hearing. Unless otherwise provided by the Board, the hearing is concluded upon
				the submission of all evidence, the making of final argument, and the issuing
				of a final decision or order of the Board.
I. Decisions and orders. Unless otherwise
				provided by law, any final decisions or order adverse to a party in a hearing
				shall be in writing or stated in the record. Any final decision shall include
				findings of fact and conclusions of law, separately stated. Findings of fact
				shall be accompanied by a concise and explicit statement of the underlying
				facts supporting the findings. Unless otherwise provided by law, each party
				shall be notified either personally or by mail to the party's last known
				address of record of any decision or order. Upon request, a copy of the
				decision or order shall be delivered or mailed to each party and to each
				party's attorney of record.