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TITLE 4. PROFESSIONS AND OCCUPATIONS

CHAPTER 17. ARIZONA REGULATORY BOARD OF PHYSICIAN ASSISTANTS


Supp.12-3

(Authority: A.R.S. § 32-2504)

Editor’s Note: The name of the Joint Board on the Regulation of Physician’s [sic] Assistants was changed to the Arizona Regulatory Board of Physician Assistants by Laws 2002, Ch. 277, § 7, effective August 22, 2002 (Supp. 03-2).

Laws 1984, Ch. 102, changed the name of the Joint Board of Medical Examiners and Osteopathic Examiners in Medicine and Surgery to Joint Board on the Regulation of Physician’s Assistants.

Chapter 17 consisting of Article 1, Section R4-17-101; Article 2, Sections R4-17-201 through R4-17-204; Article 3, Sections R4-17-301 through R4-17-304; Article 4, Sections R4-17-401 and R4-17-402 adopted effective July 8, 1986.

Former Chapter 17 consisting of Article 1, Section R4-17-01; Article 2, Sections R4-17-02 through R4-17-06; Article 3, Sections R4-17-07 through R4-17-12; Article 4, Sections R4-17-13 through R4-17-17; Article 5, Sections R4-17-18 through R4-17-22; and Article 6, Section R4-17-23 repealed effective July 8, 1985.

ARTICLE 1. GENERAL PROVISIONS

Section

R4-17-101. Definitions

R4-17-102. Time-frames for Licenses and Approvals

Table 1. Time-frames

ARTICLE 2. PHYSICIAN ASSISTANT LICENSURE

Section

R4-17-201. Repealed

R4-17-202. Examination

R4-17-203. Regular License Application

R4-17-204. Fees

R4-17-205. Continuing Medical Education

R4-17-206. License Renewal

R4-17-207. Denial of License or Extension to Complete Continuing Medical Education

R4-17-208. Expired

ARTICLE 3. REPEALED

Section

R4-17-301. Repealed

R4-17-302. Repealed

R4-17-303. Repealed

R4-17-304. Repealed

R4-17-305. Repealed

ARTICLE 4. REGULATION

Section

R4-17-401. Expired

R4-17-402. Repealed

R4-17-403. Rehearing or Review

ARTICLE 1. GENERAL PROVISIONS

R4-17-101. Definitions

For the purposes of A.R.S. Title 32, Chapter 25 and this Chapter:

1. “Ability to perform health care tasks authorized by A.R.S. § 32-2531” means:

a. The cognitive capacity to make clinical diagnoses and exercise medical judgments and to learn and keep abreast of medical developments through the completion of continuing medical education,

b. The ability to communicate medical judgments and medical information to patients and other professionals, and

c. The physical capability to perform the health care tasks authorized by A.R.S. § 32-2531.

2. “Applicant” means an individual seeking a regular license or renewal license.

3. “Category I” means a designation given to a continuing medical education activity provided by an institution or organization that has been accredited for continuing medical education by the:

a. Accreditation Council for Continuing Medical Education,

b. American Medical Association,

c. American Academy of Physician Assistants,

d. American Osteopathic Association,

e. Accreditation Council for Continuing Medical Education,

f. Accreditation Review Commission on Education for Physician Assistants, or

g. Commission on the Accreditation of Allied Health Education Programs.

4. “Controlled Substance” means the same as in A.R.S. § 32-1901.

5. “Dispense” means the same as in A.R.S. § 32-1901.

6. “Drug” means the same as in A.R.S. § 32-1901.

7. “Health care institution” means the same as in A.R.S. § 36-401.

8. “Health professional” means the same as in A.R.S. § 32-3201 or its equivalent in another state.

9. “Health profession regulatory authority” means a state or federal entity that issues and regulates health professional licenses.

10. “NCCPA” means the National Commission on the Certification of Physician Assistants.

11. “PANCE” means the Physician Assistant National Certifying Examination.

12. “PANRE” means the Physicians Assistants National Recertification Examination.

13. “Prescribe” means to issue:

a. A signed, written order to a pharmacist for drugs or medical devices; or

b. An order transmitted to a pharmacist by word of mouth, telephone, or other means of communication.

14. “Privileges” means the authority granted by a health care institution to a physician or physician assistant to practice medicine at the health care institution.

15. “Service” means personal delivery or mailing by certified mail to a physician assistant, supervising physician, or applicant affected by a decision of the Board at the physician assistant’s, supervising physician’s, or applicant’s last known residence or place of business.

16. “State fiscal year” means from July 1 of one calendar year to June 30 of the next calendar year.

17. “Substance use disorder” means the maladaptive pattern of the use of a drug, alcohol, or chemical leading to effects that are detrimental to an individual’s physical or mental health.

Historical Note

Adopted effective July 8, 1986 (Supp. 86-4). Amended effective April 22, 1998 (Supp. 98-2). Amended by final rulemaking at 18 A.A.R. 2123, effective October 7, 2012 (Supp. 12-3).

R4-17-102. Time-frames for Licenses and Approvals

A. The overall time-frame described in A.R.S. § 41-1072(2) for a regular license or renewal license is set forth in Table 1.

B. The administrative completeness review time-frame described in A.R.S. § 41-1072(1) for a regular license or renewal license is set forth in Table 1 and begins on the date the Board receives an application.

1. If the application is not administratively complete, the Board shall send a deficiency notice to the applicant.

a. The deficiency notice shall state each deficiency and the information needed to complete the application.

b. Within the time provided in Table 1 for response to the deficiency notice, the applicant shall submit to the Board the missing information specified in the deficiency notice. The time-frame for the Board to finish the administrative completeness review is suspended from the date the Board mails the deficiency notice to the applicant until the date the Board receives the missing information.

c. If the applicant does not submit the missing information within the time to respond to the deficiency notice set forth in Table 1, the Board shall send a written notice to the applicant informing the applicant that the application is deemed withdrawn.

2. If the application is administratively complete, the Board shall send a written notice of administrative completeness to the applicant.

C. The substantive review time-frame described in A.R.S. § 41-1072(3) for a regular license or renewal license is set forth in Table 1 and begins on the date the Board sends written notice of administrative completeness to the applicant.

1. During the substantive review time-frame, the Board may make one comprehensive written request for additional information. The applicant shall submit the additional information within the time provided in Table 1 for response to a comprehensive written request for additional information. The time-frame for the Board to finish the substantive review is suspended from the date the Board mails the request until the Board receives the information.

2. The Board shall issue a written notice informing the applicant that the application is deemed withdrawn if the applicant does not submit the requested additional information within the time-frame in Table 1.

3. The Board shall issue a written notice of denial of a license or license renewal if the Board determines that the applicant does not meet all of the substantive criteria required by statute or this Chapter for licensure or license renewal.

4. If the applicant meets all of the substantive criteria required by statute and this Chapter for a license or license renewal, the Board shall issue the license or license renewal to the applicant.

D. In computing any period of time prescribed in this Section, the day of the act, event, or default shall not be included. The last day of the period shall be included unless it is Saturday, Sunday, or a state holiday, in which event the period runs until the end of the next day that is not a Saturday, Sunday, or state holiday. The computation shall include intermediate Saturdays, Sundays, and holidays. The time period for an applicant to respond to a deficiency notice or request for additional information shall commence on the date of personal service or the date of mailing.

Historical Note

Adopted effective April 22, 1998 (Supp. 98-2). Amended by final rulemaking at 18 A.A.R. 2123, effective October 7, 2012 (Supp. 12-3).

 

 

Table 1. Time-frames (in days)

Type of License

Overall
Time-frame

Administrative Review

Time-frame

Time to Respond to Deficiency Notice

Substantive Review

Time-frame

Time to Respond to Request for Additional Information

Regular License including schedule II or schedule III controlled substances approval

R4-17-203

120

30

365

90

270

License Renewal

R4-17-206

30

30

Not later than Sept. 30 of each year

Not

applicable

Not

applicable

Historical Note

Adopted effective April 22, 1998 (Supp. 98-2). Amended by final rulemaking at 18 A.A.R. 2123, effective October 7, 2012 (Supp. 12-3).

 

ARTICLE 2. PHYSICIAN ASSISTANT LICENSURE

R4-17-201. Repealed

Historical Note

Adopted effective July 8, 1986 (Supp. 86-4). Section R4-17-201 renumbered to R4-17-202; new Section adopted effective April 22, 1998 (Supp. 98-2). Section repealed by final rulemaking at 18 A.A.R. 2123, effective October 7, 2012 (Supp. 12-3).

R4-17-202. Examination

A. An applicant for a regular license as a physician assistant shall pass the PANCE or PANRE.

B. An applicant for a regular license who has not passed the PANCE within six years preceding the date of the application shall submit documentation that shows the applicant passed the PANRE within six years preceding the date of the application.

Historical Note

Adopted effective July 8, 1986 (Supp. 86-4). Section repealed; new Section R4-17-202 renumbered from R4-17-201 and amended effective April 22, 1998 (Supp. 98-2). Amended by final rulemaking at 18 A.A.R. 2123, effective October 7, 2012 (Supp. 12-3).

R4-17-203. Regular License Application

A. An applicant for a regular license shall submit a completed application to the Board that includes:

1. The applicant’s:

a. First, last, and middle name;

b. Every other name used by the applicant;

c. Social Security number;

d. Practice address and telephone number;

e. Mailing address, if different from the practice address;

f. Home address and telephone number; and

g. Birth date and city or country of birth;

2. The name and address of the approved program completed by the applicant and the date of completion;

3. The name of each state or province in which the applicant has ever been certified, registered, or licensed as a physician assistant, including the certificate, registration, or license number, and current status;

4. Whether the applicant has practiced as a physician assistant since graduation from a physician assistant program or for 10 continuous years before the date the application was submitted to the Board and if not, an explanation;

5. A questionnaire that includes answers to the following:

a. Whether the applicant has had an application for a certificate, registration, or license refused or denied by any licensing authority, and if so, an explanation;

b. Whether the applicant has had the privilege of taking an examination for a professional license refused or denied by any entity, and if so, an explanation;

c. Whether the applicant has ever resigned or been requested to resign, been suspended or expelled from, been placed on probation, or been fined while enrolled in an approved program in a medical school or a postsecondary educational program, and if so, an explanation;

d. Whether, while attending an approved program, the applicant has ever had any action taken against the applicant by an approved program, resigned, or been asked to leave the approved program for any amount of time, and if so, an explanation;

e. Whether the applicant has ever surrendered a health professional license, and if so, an explanation;

f. Whether the applicant has ever had a health professional license suspended or revoked, or whether any other disciplinary action has ever been taken against a health professional license held by the licensee, and if so, an explanation;

g. Whether the applicant is currently under investigation by any health profession regulatory authority, healthcare association, licensed health care institution, or there are any pending complaints or disciplinary actions against the applicant, and if so, an explanation;

h. Whether the applicant has ever had any action taken against the applicant’s privileges, including termination, resignation, or withdrawal by a health care institution or health profession regulatory authority, and if so, an explanation;

i. Whether the applicant has ever had a federal or state authority take any action against the applicant’s authority to prescribe, dispense, or administer controlled substances including revocation, suspension, denial, or whether the applicant ever surrendered such authority in lieu of any of these actions, and if so, an explanation;

j. Whether the applicant has ever been charged with, convicted of, pleaded guilty to, or entered into a plea of no contest to a felony or misdemeanor involving moral turpitude or has been pardoned or had a record expunged or vacated, and if so, an explanation;

k. Whether the applicant has ever been charged with or convicted of a violation of any federal or state drug statute, rule, or regulation, regardless of whether a sentence was or was not imposed, and if so, an explanation;

l. Whether the applicant, within the last 10 years from the date of the application, has had a judgment or a settlement entered against the applicant in a medical malpractice suit, and if so, an explanation;

m. Whether the applicant has ever been court-martialed or discharged other than honorably from any branch of military service, and if so, an explanation;

n. Whether the applicant has ever been involuntarily terminated from a health professional position, resigned, or been asked to leave the health care position, and if so, an explanation;

o. Whether the applicant has ever been convicted of insurance fraud or received a sanction, including limitation, suspension, or removal from practice, imposed by any state or the federal government, and if so, an explanation; and

p. Whether the applicant, within the last three years before the date of the application, has completed 45 hours in pharmacology or clinical management of drug therapy or is certified by a national commission on the certification of physician assistants or its successor;

6. A confidential questionnaire that includes answers to the following:

a. Whether the applicant, within the last five years before the date of the application, has been diagnosed with or treated for bi-polar disorder, schizophrenia, paranoia, or any other psychotic disorder, and if so, an explanation;

b. Whether the applicant is currently being treated by a health professional or, within five years from the date of the application, has been treated by a health professional for substance use disorder or participated in a rehabilitation program for a substance use disorder, and if so, an explanation that includes:

i. The name of each health professional or health care institution that addressed the substance use disorder and a discharge summary that includes progress made by the applicant; or

ii. A copy of the confidential agreement or order issued by a health professional or health care institution, if applicable; and

c. Whether the applicant currently has any disease or condition, including a behavioral health illness or condition, substance use disorder, physical disease or condition that interferes with the applicant’s ability to perform health care tasks authorized by A.R.S. § 32-2531 and if so, an explanation;

7. Consistent with the Board’s statutory authority, such other information as the Board may require to fully evaluate the applicant; and

8. A sworn statement that complies with A.R.S. § 32-2522(C).

B. In addition to the requirements in subsection (A), an applicant shall submit the following to the Board:

1. Documentation of citizenship or alien status that conforms to A.R.S. § 41-1080;

2. Documentation of a legal name change if the applicant’s legal name is different from that shown on the document submitted in accordance with subsection (B)(1);

3. A form provided by the Board and completed by the applicant that lists all current or past employment with health professionals or health care institutions within five years before the date of application or since graduation from a physician assistant program, if less than five years, including each health professional’s or health care institution’s name, address, and dates of employment;

4. If the applicant has more than one malpractice settlement or judgment against the applicant within 10 years from the date of the application, a form provided by the Board for each malpractice settlement or judgment against the applicant that includes:

a. The applicant’s name;

b. A description of the event that led to the malpractice settlement or judgment including:

i. The patient’s name, age, and sex;

ii. The date of occurrence;

iii. Location of occurrence; and

iv. A detailed narrative of the event;

c. The amount of the settlement or judgment;

d. The date the settlement was entered into or judgment was made;

e. The amount of the settlement or judgment attributed to the applicant; and

f. Whether any state medical board has investigated the matter; and

5. The fee required in R4-17-204.

C. In addition to the requirements in subsections (A) and (B), an applicant shall have the following directly submitted to the Board:

1. A copy of the applicant’s certificate of successful completion of the NCCPA examination and the applicant’s examination score provided by the NCCPA;

2. An approved program form provided by the Board, completed and signed by the director or administrator of the approved program that granted the applicant a physician assistant degree, that includes the:

a. Applicant’s full name,

b. Type of degree earned by the applicant,

c. Name of the physician assistant program completed by the applicant,

d. Starting and ending dates, and

e. Date the applicant’s degree was granted.

D. When the Board issues a regular license to an applicant, the Board is also approving the applicant to issue prescriptions or dispense or issue schedule II or schedule III controlled substances.

Historical Note

Adopted effective July 8, 1986 (Supp. 86-4). Section repealed; new Section adopted effective April 22, 1998 (Supp. 98-2). Amended by final rulemaking at 18 A.A.R. 2123, effective October 7, 2012 (Supp. 12-3).

R4-17-204. Fees

The Board shall charge the following fees, which are not refundable unless A.R.S. § 41-1077 applies:

1. License application - $125.00;

2. Regular license - $185.00, prorated for each month remaining in the annual period;

3. Regular license renewal - $185.00 if application is postmarked no later than July 1;

4. Penalty for late renewal - $100.00;

5. Duplicate license - $25.00;

6. Copies of Board documents - $1.00 for first three pages, $.25 for each additional page;

7. Medical Directory (CD-ROM) - $30.00;

8. Data Disk - $100.00; and

9. License verification - $10.00.

Historical Note

Adopted effective July 8, 1986 (Supp. 86-4). Section repealed; new Section adopted effective April 22, 1998 (Supp. 98-2). Section repealed; new Section adopted by final rulemaking at 18 A.A.R. 2123, effective October 7, 2012 (Supp. 12-3).

R4-17-205. Continuing Medical Education

A. A licensee who is unable to complete 20 hours of continuing medical education for any of the reasons in A.R.S. § 32-2523(E) may submit a written request to the Board for an extension no later than 30 days before expiration of the license that contains:

1. The name, address, and telephone number of the licensee;

2. The reason for the request;

3. The date by which the continuing medical education will be completed; and

4. The signature of the licensee.

B. The Board shall send a written notice of approval or denial of the extension request within seven days from the date of receipt of the request.

Historical Note

Adopted effective April 22, 1998 (Supp. 98-2). Amended by final rulemaking at 18 A.A.R. 2123, effective October 7, 2012 (Supp. 12-3).

R4-17-206. License Renewal

A. To renew a license, a licensee shall submit a completed application to the Board that includes:

1. An application form that contains the licensee’s:

a. First and last names and middle initial;

b. Arizona license number;

c. Office, mailing, e-mail, and home addresses;

d. Office, mobile, and home phone numbers;

2. A questionnaire that includes answers to the following since the last renewal date:

a. Whether the licensee has had an application for a certificate, registration, or license refused or denied by any licensing authority, and if so, an explanation;

b. Whether the licensee has had the privilege of taking an examination for a professional license refused or denied by any entity, and if so, an explanation;

c. Whether the licensee has voluntarily surrendered a health care professional license, and if so, an explanation;

d. Whether the licensee has had a health professional license suspended or revoked, or whether any other disciplinary action has been taken against a health professional license held by the licensee, and if so, an explanation;

e. Whether the licensee is currently under investigation by any health profession regulatory authority, healthcare association, licensed health care institution, or there are any pending complaints or disciplinary actions against the applicant, and if so, an explanation;

f. Whether the licensee has had any action taken against the applicant’s privileges, including termination, resignation, or withdrawal by a health care institution or health profession regulatory authority, and if so, an explanation;

g. Whether the licensee has had a federal or state authority take any action against the license’s authority to prescribe, dispense, or administer controlled substances including revocation, suspension, denial, or whether the applicant surrendered such authority in lieu of any of these actions, and if so, an explanation;

h. Whether the licensee has been charged with, convicted of, pleaded guilty to, or entered into a plea of no contest to a felony or misdemeanor involving moral turpitude or has been pardoned or had a record expunged or vacated, and if so, an explanation;

i. Whether the licensee has been court-martialed or discharged other than honorably from any branch of military service, and if so, an explanation;

j. Whether the licensee has been involuntarily terminated from a health professional position with any city, county, state or federal government, and if so, an explanation;

k. Whether the licensee has been convicted of insurance fraud or a state or the federal government has sanctioned or taken any action against the licensee, such as suspension or removal from practice, and if so, an explanation;

3. Consistent with the Board’s statutory authority, such other information as the Board may require to fully evaluate the licensee;

4. A dated and sworn statement by the licensee verifying that during the past state fiscal year the licensee completed a minimum of 20 hours of Category I continuing medical education required by A.R.S. § 32-2523;

5. The fee required in R4-17-204; and

6. A confidential questionnaire that includes answers to the following:

a. Whether the licensee, since the last renewal date, has been diagnosed with or treated for bi-polar disorder, schizophrenia, paranoia, or any other psychotic disorder, and if so, an explanation;

b. Whether the licensee is currently being treated or has been treated since the last renewal date for substance use disorder or participated in a rehabilitation program, and if so, an explanation that includes:

i. The name of each health professional or health care institution that addressed the substance use disorder and a discharge summary that includes progress; or

ii. A copy of the confidential agreement or order issued by a health professional or health care institution, if applicable; and

c. Whether the licensee currently has any disease or condition including a behavioral health illness or condition, substance abuse disorder, physical disease or condition that interferes with the licensee’s ability to perform health care tasks authorized by A.R.S. § 32-2531 and if so, an explanation.

B. The Board may randomly select a number of statements of completion of continuing education to verify the accuracy of the statements and the acceptability of the Category I continuing medical education attended. Physician assistants whose statements have been selected shall submit any additional information requested by the Board to assist in the verification.

Historical Note

Adopted effective April 22, 1998 (Supp. 98-2). Amended by final rulemaking at 18 A.A.R. 2123, effective October 7, 2012 (Supp. 12-3).

R4-17-207. Denial of License or Extension to Complete Continuing Education

An applicant for a license who is denied the license or a physician assistant who is denied an extension to complete continuing medical education may request a hearing to contest the matter by filing a written notice with the Board within 30 days of receipt of notice of the Board’s action. A hearing shall be conducted in accordance with A.R.S. Title 41, Chapter 6, Article 6 and Article 10.

Historical Note

Adopted effective April 22, 1998 (Supp. 98-2). Amended by final rulemaking at 18 A.A.R. 2123, effective October 7, 2012 (Supp. 12-3).

R4-17-208. Expired

Historical Note

Adopted effective April 22, 1998 (Supp. 98-2). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 1569, effective March 31, 2005 (Supp. 05-2).

ARTICLE 3. REPEALED

R4-17-301. Repealed

Historical Note

Adopted effective July 8, 1986 (Supp. 86-4). Section R4-17-301 renumbered to R4-17-302; new Section R4-17-301 adopted effective April 22, 1998 (Supp. 98-2). Section repealed by final rulemaking at 18 A.A.R. 2123, effective October 7, 2012 (Supp. 12-3).

R4-17-302. Repealed

Historical Note

Adopted effective July 8, 1986 (Supp. 86-4). Section repealed; new Section renumbered from R4-17-301 and amended effective April 22, 1998 (Supp. 98-2). Section repealed by final rulemaking at 18 A.A.R. 2123, effective October 7, 2012 (Supp. 12-3).

R4-17-303. Repealed

Historical Note

Adopted effective July 8, 1986 (Supp. 86-4). Section renumbered to R4-17-304; new Section R4-17-303 adopted effective April 22, 1998 (Supp. 98-2). Section repealed by final rulemaking at 18 A.A.R. 2123, effective October 7, 2012 (Supp. 12-3).

R4-17-304. Repealed

Historical Note

Adopted effective July 8, 1986 (Supp. 86-4). Section R4-17-304 renumbered to R4-17-305; new Section R4-17-304 renumbered from R4-17-303 and amended effective April 22, 1998 (Supp. 98-2). Section repealed by final rulemaking at 18 A.A.R. 2123, effective October 7, 2012 (Supp. 12-3).

R4-17-305. Repealed

Historical Note

New Section R4-17-305 renumbered from R4-17-304 and amended effective April 22, 1998 (Supp. 98-2). Section repealed by final rulemaking at 18 A.A.R. 2123, effective October 7, 2012 (Supp. 12-3).

ARTICLE 4. REGULATION

R4-17-401. Expired

Historical Note

Adopted effective July 8, 1986 (Supp. 86-4). Section R4-17-401 renumbered to R4-17-402; new Section R4-17-401 adopted effective April 22, 1998 (Supp. 98-2). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 1569, effective March 31, 2005 (Supp. 05-2).

R4-17-402. Repealed

Historical Note

Adopted effective July 8, 1986 (Supp. 86-4). Section R4-17-402 renumbered to R4-17-403; new Section R4-17-402 renumbered from R4-17-401 and amended effective April 22, 1998 (Supp. 98-2). Section repealed by final rulemaking at 18 A.A.R. 2123, effective October 7, 2012 (Supp. 12-3).

R4-17-403. Rehearing or Review

A. Except as provided in subsection (B), a party who is aggrieved by a decision issued by the Board may file with the Board, no later than 30 days after service of the decision, a written request for rehearing or review of the decision, specifying the grounds for rehearing or review. For purposes of this Section, a decision is considered to have been served when personally delivered to the party’s last known home or business address or five days after the decision is mailed by certified mail to the party or the party’s attorney.

B. If the Board makes specific findings that the immediate effectiveness of the decision is necessary for the preservation of the public health and safety and determines that a rehearing or review of the decision is impracticable, unnecessary, or contrary to the public interest, the Board may issue the decision as a final decision without an opportunity for rehearing or review. If the Board issues the decision as a final decision, without an opportunity for a rehearing or review, the aggrieved party may make an application for judicial review within the time limits permitted for an application for judicial review of the Board’s final decision under A.R.S. § 12-904.

C. A party filing a request for rehearing or review may amend the request at any time before it is ruled upon by the Board. Another party may file a response within 15 days after the date the request or amended request for rehearing is filed. The Board may require a party to file supplemental memoranda explaining the issues raised in the request or response and may permit oral argument.

D. The Board may grant a rehearing or review of a decision for any of the following causes materially affecting the requesting party’s rights:

1. Irregularity in the Board’s or administrative law judge’s administrative proceedings or any order or abuse of discretion that deprived the party of a fair hearing;

2. Misconduct of the Board, 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. Excessive or insufficient penalties;

6. Error in the admission or rejection of evidence, or other errors of law that occurred at the hearing;

7. The decision is the result of passion or prejudice; or

8. The decision or findings of fact are not justified by the evidence or are contrary to law.

E. The Board may affirm or modify a decision or grant rehearing or review on all or part of the issues for any of the reasons set forth in subsection (D). An order granting a rehearing or review shall specify each ground for the rehearing or review.

F. No later than 30 days after a decision is issued by the Board, the Board on its own initiative may order a rehearing or review for any reason in subsection (D).

G. When a request for rehearing or review is based on affidavits, a party shall serve the affidavits with the request. The opposing party may, within 10 days after service, serve opposing affidavits. The Board may extend the time for serving opposing affidavits for no more than 20 days for good cause shown or by written stipulation by the parties. The Board may permit reply affidavits.

Historical Note

New Section R4-17-403 renumbered from R4-17-402 and amended effective April 22, 1998 (Supp. 98-2). Amended by final rulemaking at 18 A.A.R. 2123, effective October 7, 2012 (Supp. 12-3).

 

 


Scott Cancelosi
Director
Public Services Division

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Editor
Arizona Administrative Code