Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 39 - BOARD FOR PRIVATE POSTSECONDARY EDUCATION › Article 5 - INVESTIGATIONS; HEARING PROCEDURES; AND ASSESSING COSTS › Section R4-39-503 - Rehearing or Review of Board's Decision

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Board shall provide for a rehearing
				and review of its decisions under A.R.S. Title 41, Chapter 6, Article 10 and
				the rules established by the Office of Administrative Hearings.
B. Except as provided in subsection (J), a
				party is required to file a motion for rehearing or review of a Board decision
				to exhaust the party's administrative remedies.
C. Any party aggrieved by a final administrative
				decision of the Board may file with the Board no later than 30 days after
				service of the decision, a written motion for rehearing or review of the
				decision specifying the particular grounds for the rehearing or review as
				provided in subsection (E).
D. A motion for
				rehearing or review may be amended at any time before the Board rules on the
				motion. A response may be filed by any other party within 15 days after a
				motion or amended motion is filed. The Board may require that written briefs be
				filed on the issues raised in the motion and may provide for oral argument.
E. The Board shall grant a rehearing or review of a
				decision for any of the following reasons that materially affect the moving
				party's rights:
1. Irregularity in the
				administrative proceedings or any order or abuse of discretion that deprived
				the moving party of a fair hearing;
2. Misconduct of the Board, the
				administrative law judge, or the prevailing party;
3. Accident or surprise that could not have
				been prevented by ordinary prudence;
4. Newly discovered material evidence that
				could not, with reasonable diligence, have been discovered and produced at the
				original hearing;
5. An excessive
				or insufficient penalty;
6. Error
				in the admission or rejection of evidence or other error of law occurring at
				the administrative hearing;
7. The
				Board's decision is the result of passion or prejudice; or
8. The
				findings of fact or decision are not justified by the evidence or is contrary
				to law.
F. The Board may
				affirm or modify a decision or grant a rehearing to all or any of the parties
				on all or part of the issues for any of the reasons in subsection (E). The
				Board shall specify the particular grounds for any order modifying a decision
				or granting a rehearing.
G. No later than
				10 days after the date of a decision and after giving the parties or their
				counsel notice and an opportunity to be heard, the Board may grant a rehearing
				or review on its own initiative for any reason for which it might have granted
				relief on motion of a party. The Board may grant a motion for rehearing or
				review, timely served, for a reason not stated in the motion. A rehearing or
				review shall cover only those matters specified in the Board's order.
H. When a motion for rehearing or review is based on
				affidavits, the affidavits shall be filed and served with the motion. An
				opposing party may, within 15 days after service, file and serve opposing
				affidavits.
I. If a rehearing is
				granted, the Board shall hold the rehearing within 60 days after the date on
				the order granting the rehearing.
J. If the Board makes a specific finding that
				a particular decision needs to be effective immediately to preserve the public
				peace, health, or safety and that a review or rehearing of the decision is
				impracticable, unnecessary, or contrary to the public interest, the Board shall
				issue the decision as a final decision without an opportunity for rehearing or
				review.