Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 5 - ADMINISTRATIVE HEARINGS › Section R17-1-501 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
The following definitions apply to this Article unless
				  otherwise required:
1."Administrative hearing" means a scheduled Executive
				  Hearing Office proceeding for deciding a dispute based on the evidence
				  presented to an administrative law judge. An administrative hearing
				  includes:
a. Advance notice to participants of record,
b. An opportunity for witnesses to testify under oath,
				  and
c. Presentation of documentary evidence.
2."Administrative law judge" means a person who conducts a
				  summary review or presides at an administrative hearing, with the powers listed
				  under these rules.
3."Affidavit" means a declaration or statement of facts
				  made:
a. In writing, and
b. Under oath or affirmation.
4."Agency action" means an action affecting a license,
				  permit, certificate, approval, registration, or other permission issued by the
				  Arizona Department of Transportation or the Division.
5."Attorney" means:
a. An individual who is an active member in good standing
				  with the State Bar of Arizona,
b. An individual approved to appear pro hac vice before the
				  Executive Hearing Office pursuant to Rule 38(A) of the Arizona Supreme Court,
				  or
c. An individual authorized by Rule 31 of the Arizona Supreme
				  Court to appear on behalf of another person or legal entity at a hearing before
				  the Executive Hearing Office.
6."Business day" means a day other than a Saturday, Sunday,
				  or state holiday.
7."Deposition" means a witness' testimony:
a. Given under oath or affirmation,
b. Brought out by another person's oral or written questions,
				  and
c. Reduced to writing for a proceeding.
8."Director" means the Arizona Department of Transportation,
				  Motor Vehicle Division Director.
9."Division" means the Arizona Department of Transportation,
				  Motor Vehicle Division.
10."Executive Hearing Office" means the branch of the
				  Director's office that conducts an administrative hearing or a summary
				  review.
11."In writing" means:
a. An original document,
b. A photocopy,
c. A facsimile, or
d. An electronic mail message.
12."Motion" means a written or oral proposal for
				  consideration and action filed by a person with the Executive Hearing
				  Office.
13."Participant of record" means:
a. A petitioner or a respondent;
b. An attorney representing a petitioner or respondent;
				  or
c. A person or entity with an interest in the subject matter
				  of an administrative hearing as determined from Division records or from
				  Arizona Department of Transportation records.
14."Petitioner" means a person or entity that requests an
				  administrative hearing or a summary review from the Executive Hearing Office.
15."Respondent" means a person against whom relief is sought
				  in an Executive Hearing Office proceeding.
16."Summary review" means an Executive Hearing Office
				  proceeding conducted under A.R.S. §
									28-1385(L).
17."Under oath or affirmation" means a witness' sworn
				  statement made to a person with the power to administer an oath or
				  affirmation.