Summary of Current Rules

ARTICLE 1 PREHEARING AND HEARING PROCEDURES

R2-19-101. Definitions

REASONS FOR ADOPTION
A. FACTUAL: This rule sets forth the definition or meaning of certain words or phrases that are used throughout the Office's rules. These definitions make the rules clearer and more understandable. They also clarify the words and phrases that could either have more than one meaning, a specific meaning intended by the Office, or that could be considered vague.

B. LEGAL: This rule will prevent confusion over words or phrases that may be vague or have more than one meaning. The statutory authority for this rule is A.R.S. §41-1092.01(C)(4) and A.R.S. §41-1092.02(B).

C. POLICY: This rule will make the other rules and statutes clear and understandable. It also will eliminate confusion and potential litigation due to words or phrases that otherwise may be vague or have more than one meaning. Defining various words and terms will simplify their interpretation and minimize frustration of applicants and licensees.

I. REASONS FOR ADOPTION
A. FACTUAL: The purpose of this rule is to define the type of cases to which the procedural rules will apply. In addition, it makes clear that the rules can be waived or augmented to suit the particular needs of a given case.

B. LEGAL: The statutory authority for this rule is A.R.S. §41-1092.01(C)(4) and A.R.S. §41-1092.02(B).

C. POLICY: This rule places administrative convenience, expedition and economy over rigid procedure.

I. REASONS FOR ADOPTION
A. FACTUAL: This rule lists the information that the office needs in order to create a docket and make a selection of date, time and location for the hearing and appoint an administrative law judge.

B. LEGAL: The statutory authority for this rule is A.R.S. §41-1092.01(C)(4) and A.R.S. §41-1092.02(B).

C. POLICY: This rule is designed to facilitate the assignment of an administrative law judge and a timely response to agency request for hearing.

I. REASONS FOR ADOPTION
A. FACTUAL: This rule requires the Office to respond to agency requests for hearing within 7 days with an assignment of administrative law judge, and the date, time and location of the hearing. Agencies are then able to incorporate the information into notices of hearing for service of the parties.

B. LEGAL: The statutory authority for this rule is A.R.S. §41-1092.01(C)(4) and A.R.S. §41-1092.02(B).

C. POLICY: This rule is based on a policy of rapid response to agency request for hearing to allow timely service of notices of hearing.

I. REASONS FOR ADOPTION
A. FACTUAL: This rule prohibits contact between administrative law judges and any party about substantive issues unless all parties are present, or during scheduled proceedings where a party fails to appear after proper notice, or through written motions with copies sent to all parties.

B. LEGAL: The statutory authority for this rule is A.R.S. §41-1092.01(C)(4) and A.R.S. §41-1092.02(B).

C. POLICY: This rule protects the fairness and impartiality of the proceedings.

I. REASONS FOR ADOPTION
A. FACTUAL: This rule provides as underlying structure for all actions by parties to seek a ruling by an administrative law judge. The rule sites to other rules that provide the basis for certain rules. The form, time limits , responses, oral argument and ruling are applied universally to all motions.

B. LEGAL: The statutory authority for this rule is A.R.S. §41-1092.01(C)(4) and A.R.S. §41-1092.02(B).

C. POLICY: This rule is designed to make it easy for parties to apply a single rule to all motions, regardless of the basis. This alternative was selected over original drafts that provided for different forms and time limits depending on the basis.

I. REASONS FOR ADOPTION
A. FACTUAL: This rule provides a universal method of calculating when parties must act.

B. LEGAL: The statutory authority for this rule is A.R.S. §41-1092.01(C)(4) and A.R.S. §41-1092.02(B)

C. POLICY: This rule is patterned after an analogous rule in the Arizona Rules of Civil procedure.

I. REASONS FOR ADOPTION
A. FACTUAL: This rule provides guidance as to what must be filed with the Office and how the office will reflect the filing. It also provides guidance about form and spells out the requirement that all parties receive a copy of all filing to prevent ex parte communications.

B. LEGAL: The statutory authority for this rule is A.R.S. §41-1092.01(C)(4) and A.R.S. §41-1092.02(B).

C. POLICY: This rule is designed to address confusion in regard to what documents the Office should receive.

I. REASONS FOR ADOPTION
A. FACTUAL: This rule provides the basis for consolidation and severance of separate cases.

B. LEGAL: The statutory authority for this rule is A.R.S. §41-1092.01(C)(4) and A.R.S. §41-1092.02(B).

C. POLICY: This rule allows for consolidation or severance to further the ends of administrative convenience, expedition and economy.

I. REASONS FOR ADOPTION
A. FACTUAL: This rule provides the basis continuing or expediting a hearing, including certain factors that shall be considered by the administrative law judge.

B. LEGAL: The statutory authority for this rule is A.R.S. §41-1092.01(C)(4) and A.R.S. §41-1092.02(B).

C. POLICY: This rule is designed to provide guidance to parties in rescheduling hearings. The Office must effectively manage its case load to provide timely hearings to all parties. Experience has shown that certain factors are essential in evaluating motions to continue. These have been listed.

I. REASONS FOR ADOPTION
A. FACTUAL: This rule provides the basis for vacating a hearing from the calendar and return of the case to the original agency.

B. LEGAL: The statutory authority for this rule is A.R.S. §41-1092.01(C)(4) and A.R.S. §41-1092.02(B).

C. POLICY: This rule makes explicit the basis on which a hearing will be returned to the original agency.

I. REASONS FOR ADOPTION
A. FACTUAL: This rule provides the procedure for requesting a prehearing conference, as well as providing for the administrative law judge's own determination of the need for such a conference. In addition, the rule spells out the prehearing may be telephonic and that a record may be kept of the proceeding.

B. LEGAL: The statutory authority for this rule is A.R.S. §41-1092.01(C)(4) and A.R.S. §41-1092.02(B), and A.R.S. §41-1092.05(F).

C. POLICY: This rule is designed to facilitate prehearings in cases where they will be beneficial.

I. REASONS FOR ADOPTION
A. FACTUAL: This rule provides the form for requesting and objecting to subpoenas, as well as the method and requirement of service.

B. LEGAL: The statutory authority for this rule is A.R.S. §41-1092.01(C)(4), A.R.S. §41-1092.02(B), and A.R.S. §41-1092.07(C).

C. POLICY: Previously the rules for requesting, serving and objecting to subpoena have been dispersed throughout agency rules and the Rules of Superior Court. Parties may now look to a single source to guide them in this procedure.

I. REASONS FOR ADOPTION
A. FACTUAL: This rule provides the basis for telephonic testimony. The costs of such testimony must be borne by the party seeking it.

B. LEGAL: The statutory authority for this rule is A.R.S. §41-1092.01(C)(4) and A.R.S. §41-1092.02(B).

C. POLICY: This rule makes it clear that telephonic testimony may be requested.

I. REASONS FOR ADOPTION
A. FACTUAL: This rule points parties to prehearing preparation issues, such as having witnesses and exhibits ready at the time scheduled.

B. LEGAL: The statutory authority for this rule is A.R.S. §41-1092.01(C)(4) and A.R.S. §41-1092.02(B).

C. POLICY: This rule is designed to make hearings more efficient by explicitly assigning responsibility for presentation to the parties.

I. REASONS FOR ADOPTION
A. FACTUAL: This rule describes the hearing procedure from opening statement through witness questioning to closing argument and post hearing memoranda.

B. LEGAL: The statutory authority for this rule is A.R.S. §41-1092.01(C)(4) and A.R.S. §41-1092.02(B).

C. POLICY: The rule provides a road map to the hearing procedure.

I. REASONS FOR ADOPTION
A. FACTUAL: This rule provides for situations where a party fails to appear for the scheduled hearing.

B. LEGAL: The statutory authority for this rule is A.R.S. §41-1092.01(C)(4) and A.R.S. §41-1092.02(B).

C. POLICY: This rule advises parties that failure to appear will not result in a continuance, but instead will have severe consequences.

I. REASONS FOR ADOPTION
A. FACTUAL: This rule provides for exclusion of witness.

B. LEGAL: The statutory authority for this rule is A.R.S. §41-1092.01(C)(4) and A.R.S. §41-1092.02(B).

C. POLICY: This rule provides for exclusion of witness to preserve the integrity of fact-finding by avoiding testimony that is influenced by previous testimony.

I. REASONS FOR ADOPTION
A. FACTUAL: This rule states what the standard of proof is, and which party has the burden of going forward.

B. LEGAL: The statutory authority for this rule is A.R.S. §41-1092.01(C)(4) and A.R.S. §41-1092.02(B).

C. POLICY: This rule is designed to make the standards that are contained in case law explicit in order to provide guidance to the parties.

I. REASONS FOR ADOPTION
A. FACTUAL: This rule provides the basis for removing disruptive persons from the hearing.

B. LEGAL: The statutory authority for this rule is A.R.S. §41-1092.01(C)(4) and A.R.S. §41-1092.02(B).

C. POLICY: This rule makes explicit that the hearing process is to be protected from undue disruptions.

I. REASONS FOR ADOPTION
A. FACTUAL: The rule provides for the transfer of the record to the original agency for duplication and for duplication at any party's request. The rule also provides a method for release of exhibits to the proponent or by court order.

B. LEGAL: The statutory authority for this rule is A.R.S. §41-1092.01(C)(4) and A.R.S. §41-1092.02(B).

C. POLICY: This rule facilitates the copying of the record and the release of exhibits to parties offering them at hearing.

I. REASONS FOR ADOPTION
A. FACTUAL: This rule provides that a copy of a complaint files in Superior Court be filed with the Office. In addition, the rule provides the procedure for securing a transcript.

B. LEGAL: The statutory authority for this rule is A.R.S. §41-1092.01(C)(4) , A.R.S. §41-1092.02(B), and A.R.S. §12-904.

C. POLICY: This rule is designed to give guidance to parties in meeting statutory obligations to inform the Office of appeals within 10 days in order for the Office to timely transmit the record to Superior Court.