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Arizona Office of Administrative Hearings

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OAH COVID procedures effective August 2, 2021: In-person hearings

June 1st, 2021 UPDATED STATEMENT FOR LITIGANTS ON COVID-19 (CORONAVIRUS):

On March 25, 2021, the Governor of Arizona issued Executive Order 2021-06 transitioning social distancing and face masking requirements for businesses from requirements to recommendations. The Arizona Department of Health Services (AZDHS) and the Center for Disease Control (CDC) have also recently updated social distancing and mask wearing requirements for persons who are fully vaccinated. "Fully vaccinated” as used in this directive means a person who has received both doses of either the Pfizer or Moderna COVID-19 vaccines or one dose of the Johnson & Johnson COVID-19 vaccine and two weeks have passed since the person received the final dose of the series.  If you do not meet these requirements, you are NOT fully vaccinated. Click here to see the AZDHS guidelines. Click here to see the CDC guidelines.

In order to protect the health of persons who have pending administrative matters before Office of Administrative Hearings (OAH) and OAH staff, while at the same time recognizing the updated AZDHS and CDC guidelines, hearings conducted on or after Tuesday, June 1, 2021 shall be conducted as follows:

(1) All hearings and prehearing conferences shall be conducted either by video conferencing (Google Meet) or telephone. A party may also request to appear in-person at OAH for a hearing.

(2) A party to a hearing who wishes to appear in-person for a hearing shall not later than 7 calendar days prior to the hearing date file a request to do so with the administrative law judge.

(3) The following standards shall be followed by all persons appearing at OAH to participate in an in-person hearing:

(a) Persons who have been fully vaccinated against COVID-19 may appear without face coverings.

(b) Persons who have not been fully vaccinated against COVID-19 shall follow all AZDHS and CDC social distancing guidelines and shall at all times while on the premises of the Office of Administrative Hearings wear a suitable face mask to help protect other hearing participants and staff and to minimize the risk of transmission of illness.

(4) In the sole discretion of the assigned administrative law judge, an in-person hearing may be continued to a later date if the judge determines that the safety or welfare of the hearing participants requires an immediate adjournment of the matter. This authority is in addition to any other basis for adjournment or continuance prescribed by Title 2, chapter 19 of the Arizona Administrative Code or otherwise provided by law.

(5) A member of the public may access a hearing which is open to the public by Google Meet, subject to capacity limitations inherent in Google Meet. A member of the public wishing to attend a hearing open to the public by video conference shall not later than 7 calendar days prior to the hearing date request from OAH the Google Meet link or dial in telephone number for the hearing.

(6) The assigned administrative law judge shall at all times have the power to vary these requirements in a particular case to prevent injustice or the infringement of any constitutional or statutory right. The administrative law judge may so act on motion or stipulation of any party or parties, and may also act upon the administrative law judge’s s own initiative.

 

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Mission Statement: We will contribute to the quality of life in the State of Arizona by fairly and impartially hearing the contested matters of our fellow citizens arising out of State regulation.

 

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    Advisement: OAH Staff cannot give legal advice. Legal advice could be described, but is not limited to: offering interpretation of rules; recommending a course of action; predicting a judicial officer's decision and interpreting the meaning or effect of any court order or judgment.

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