Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 1 - RULES OF PRACTICE AND PROCEDURE BEFORE THE DIRECTOR › Section R20-6-114 - Request for Rehearing or Review

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any party
				aggrieved by an administrative decision may file with the Director, within time
				limits and other procedural guidelines contained in A.R.S. §
									41-1092.09,
				a written motion for a rehearing or review of the decision specifying the
				particular reason for the request.
B. A party filing a motion under this Section
				may amend the motion at any time before a response to the motion is filed. An
				amended motion tolls the time for filing a response and the time for rendering
				a decision on the motion.
C. A request
				for rehearing or review which is not timely filed is deemed waived for the
				purpose of judicial review.
D. A
				motion for rehearing shall specify which of the grounds listed in subsection
				(G) it is based upon and shall set forth the specific facts and laws in support
				of the motion. A motion may cite relevant portions of testimony from the
				hearing if a transcript is provided with the motion and may cite hearing
				exhibits by reference to the exhibit number. The motion shall specify the
				relief sought by the request, such as a different finding of fact, conclusion
				of law or order and may seek multiple forms of relief in the alternative. When
				a motion for rehearing or review is based on an affidavit, the moving party
				shall attach the affidavit to the motion.
E. A party may file a separate request for a
				stay of the Director's decision pursuant to A.R.S. §
									20-162(B).
				Filing a stay request or a motion for rehearing does not stay an order filed by
				the Director. The Director may stay an order pending the resolution of a motion
				for rehearing or review.
F. Each
				party served with a motion for rehearing or review shall be permitted to file a
				written response within 15 days after the motion has been filed. Affidavits may
				be attached to and filed with a response. A response may cite relevant portions
				of testimony from the hearing if a transcript is provided with the response and
				may cite hearing exhibits by reference to the exhibit number. The Director has
				the discretion to hear oral argument to consider a request for rehearing or
				review.
G. The Director may grant a
				motion for rehearing or review for any of the following causes:
1. Irregularity in the proceedings before the
				Department, in any order, or any abuse of discretion that deprives the moving
				party of a fair hearing;
2.
				Misconduct by the Department, the administrative law judge, or the prevailing
				party;
3. Accident or surprise that
				could not have been prevented by ordinary care;
4. Newly discovered material evidence that
				could not reasonably have been discovered and produced at the original
				hearing;
5. Excessive or
				insufficient penalties;
6. Error in
				admitting or rejecting evidence or other legal errors occurring at the hearing;
				and
7. The decision is not
				justified by the evidence or is contrary to law.