Arizona Regulations R20-5-738

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§ R20-5-738 Request for Review

A. A party may request review of a Commission decision issued under R20-5-737 by filing with the Commission a written request for review no later than 15 days after the written decision is mailed to the parties.


B. A request for review shall be based upon 1 or more of the following grounds which have materially affected the rights of a party:


1. Irregularities in the hearing proceedings or any order or abuse of discretion that deprives a party seeking review of a fair hearing;


2. Accident or surprise which could not have been prevented by ordinary prudence;


3. Newly discovered material evidence that could not have been discovered with reasonable diligence and produced at the hearing;


4. Error in the admission or rejection of evidence, or errors of law occurring at, or during the course of, the hearing;


5. Bias or prejudice of the Division or Commission; and


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


C. A request for review shall state the specific facts and law in support of the request and shall specify the relief sought by the request.


D. The Commission shall issue a decision upon review no later than 30 days after receiving a request for review.


E. The Commission's decision upon review is final unless an applicant or pool seeks judicial review as provided in A.R.S. 23-946.

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