Arizona Administrative Code › Title 10 - LAW › Chapter 1 - DEPARTMENT OF LAW - ATTORNEY GENERAL'S OFFICE › Article 1 - DISMISSAL › Section R10-1-106 - Hearing procedure

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				Assistant Attorney General dismissed pursuant to this Article may appeal such
				dismissal by filing a written appeal with the Attorney General no later than
				ten days after his or her notice of dismissal. The appeal shall state, in
				sufficient detail, specific responses to the cause or causes upon which the
				dismissal was based.
B. The
				Attorney General may file a written response to the appeal, which shall be
				filed within ten days from the receipt of the appeal. A copy of the response
				shall be sent to the Appellant.
C.
				Not later than the 15th of January of each year, the Attorney General shall
				appoint a Personnel Review Panel consisting of five lawyers who are members of
				the State Bar of Arizona. At least two members of the Panel shall have public
				law experience and at least one member shall have judicial experience. In the
				event of an appeal by an Assistant Attorney General of his or her dismissal,
				the Attorney General and the Appellant shall each be entitled to strike one
				member of the Personnel Review Panel. The three remaining members of the panel
				not stricken by either the Attorney General or the Appellant shall serve as the
				Personnel Review Committee for such appeal and shall render a decision as
				provided in this rule.
D. The
				Personnel Review Committee shall conduct a hearing on the appeal within 30 days
				after the appeal is filed unless the time is extended by mutual consent of the
				Appellant and the Attorney General. The hearing shall be informally conducted
				with technical rules of evidence not applying to the proceeding. Both parties
				may present witnesses and may cross-examine any witnesses called by the other
				party. The Committee, in its discretion, may call additional witnesses. Both
				parties shall be given ten days advance notice of the hearing. Not less than
				five days prior to the hearing each party shall provide the Committee and the
				opposing party with a list of all witnesses to be presented. All testimony
				given before the Committee shall be recorded and transcribed by a court
				reporter and entered as a part of the official record.
E. Either the Appellant or the Attorney
				General at his own expense may take the deposition of any witness who does not
				reside within the county or within 100 miles of the place where the hearing is
				to be held, is out of the state, or is too infirm to attend the
				hearing.
F. The Personnel Review
				Committee shall render its decision within 20 days after the conclusion of the
				hearing and shall at the same time send a copy of its decision to the Attorney
				General and the Appellant. The Committee shall prepare an official record of
				the hearing, including all testimony, all exhibits, and all other relevant
				documents.
G. The Personnel Review
				Committee may, with the consent of both parties, waive the hearing and render
				its decision based solely upon the written evidence.