Arizona Administrative Code

A. A party shall make a written request for a subpoena which clearly identifies the person, documents, or other evidence desired and the reason the evidence is relevant to the proceeding. The party requesting the subpoena shall file the request at least 15 days prior to the date …

A. Upon a motion by a party or on the initiative of the Board, the Board may order a prehearing conference, if the Board finds that a prehearing conference will assist the Board to:1. Conduct the hearing within the 60-day period prescribed by A.R.S. § 41-1092.05(A); or 2. Reach a…

A. The Board shall conduct a full evidentiary hearing. A party may introduce new evidence or evidence that was considered by the Department of Environmental Quality when it took the action being appealed. B. The Board and the administrative law judge if the matter is referred to …

A. All witnesses at a hearing shall testify under oath or affirmation. All parties shall have the right to present evidence and to conduct cross-examination as may be required for a full and true disclosure of the facts. The Board shall receive relevant, probative, and material e…

A. The Board shall tape-record the hearing unless it determines there will be a court reporter and is able to obtain state funds for the cost of the court reporter. B. Any party may use a court reporter to produce a record of the hearing, but that party shall pay for all costs of…

Ex parte communications with Board members and staff are prohibited as provided in A.A.C. R2-19-105 . The prohibition applies to any Board member, administrative law judge, or employee of the State of Arizona who is or may reasonably be expected to be involved in the decision mak…

The Clerk shall notify each party promptly by either delivering or mailing copies of all decisions and orders, including the findings of fact, conclusions of law, and the final administrative decision of the Board to each party's last known address. Notes Ariz. Admin. Code § R2-1…

A. If the Board uses the services of the Office of Administrative Hearings, the Board will receive a copy of the administrative law judge's decision under A.R.S. § 41-1092.08. Within 30 days after receipt, the Board may review the decision and accept, reject, or modify it.1. If t…

A. Except as provided in subsection (H), any party to an appeal before the Board may file a motion for rehearing or review within 30 days after service of the final administrative decision. The party shall attach a supporting memorandum, specifying the grounds for the motion. The…

The final administrative decision of the Board may be reviewed as provided by A.R.S. § 49-323(B) and A.R.S. § 12-901 et seq. (Title 12, Chapter 7, Article 6, Judicial Review of Administrative Decisions Act). The Clerk shall transmit the record to the superior court in all actions…

The Clerk shall keep the record and ensure that it is preserved for a minimum of five years from the date of the final administrative decision. Notes Ariz. Admin. Code § R2-17-127 Adopted effective January 8, 1998 (Supp. 98-1). Amended and renumbered from R2-17-128 by final exped…

Notes Ariz. Admin. Code § R2-17-128 Adopted effective January 8, 1998 (Supp. 98-1). Renumbered to R2-17-127 by final expedited rulemaking at 27 A.A.R. 815, effective 5/5/2021.

Unless the context requires otherwise, the following definitions apply: "Accessibility Compliance Representative" is the budget unit's designated representative for Section 508 compliance matters to receive, investigate and process complaints that allege the budget unit's failure…

A. If an IT project requires Department or ITAC approval, under A.R.S. Title 41, Chapter 23 and Title 18 Chapter 1, a budget unit shall not commit or spend funds on the project and shall not enter into a project-specific contract or vendor agreement until the budget unit receives…

A. Under A.R.S. Title 18, Chapter 1, each budget unit shall annually develop and submit to the Department an IT Plan containing goals, challenges, and plans, on or before September 1 each year. B. If an IT Plan is incomplete, GITA shall identify deficiencies and return the IT Pla…

A. A budget unit, which appeals a decision by the Department regarding the disapproval of a budget unit IT Plan or a budget unit IT project, shall file a written appeal with ITAC within 30 days from receipt of notice of the Department decision being appealed. B. An appeal shall i…

A. The Department shall prescribe electronic or information technology accessibility standards as authorized by A.R.S. §§ 18-104 and 18-105. Electronic or information technology products covered by these standards shall comply with all applicable provisions. The Arizona Strategic…

A. Any individual may file a complaint alleging that a budget unit does not comply with accessibility standards in regard to its electronic or information technology with the Accessibility Compliance Representative of the budget unit. The written complaint must: 1. State the name…

A. If a complainant is not satisfied with the complaint response issued by a budget unit, the complaint and the budget unit response can be filed within 30 days of issuance with the Director of the Department. B. The Director or the Department's representative or representatives …

The following definitions apply unless otherwise stated: 1. "Agency" means the department, board, or commission from which a matter originates. 2. "Matter" means a contested case or appealable agency action. Notes Ariz. Admin. Code § R2-19-101 Section adopted by final rulemaking …

A. These rules apply to any matter heard by the Office of Administrative Hearings. B. An administrative law judge may waive the application of any of these rules to further administrative convenience, expedition, and economy if: 1. The waiver does not conflict with law, and 2. Th…

A. An agency requesting the Office schedule an administrative hearing shall provide the following information on a form provided by the Office: 1. Caption of the matter, including the names of the parties; 2. Agency matter number; 3. Identification of the matter as a contested ca…

Within 7 days of the Office's receipt of a request for hearing, the Office shall provide the agency in writing with: 1. The name of the administrative law judge assigned to hear the matter; 2. The date, time, and location of the hearing; and 3. The docket number assigned by the O…

A party shall not communicate, either directly or indirectly, with the administrative law judge about any substantive issue in a pending matter unless: 1. All parties are present; 2. It is during a scheduled proceeding, where an absent party fails to appear after proper notice; o…

A. Purpose. A party requesting a ruling from an administrative law judge shall file a motion. Motions may be made for rulings such as: 1. Consolidation or severance of matters pursuant to R2-19-109; 2. Continuing or expediting a hearing pursuant to R2-19-110; 3. Vacating a hearin…

In computing any time period, the Office shall exclude the day from which the designated time period begins to run. The Office shall include the last day of the period unless it falls on a Saturday, Sunday, or legal holiday. When the time period is 10 days or less, the Office sha…

A. Docket. The Office shall open a docket for each matter upon receipt of a request for hearing. All documents filed in a matter with the Office shall be date stamped on the day received by the Office and entered in the docket. B. Definition. "Documents" include papers such as co…

A. Standards for consolidation. An administrative law judge may order consolidation of pending matters, if: 1. There are substantially similar factual or legal issues, or 2. All parties are the same. B. Determination. When different administrative law judges are assigned to the m…

A. Continuing or expediting a hearing. When ruling on a motion to continue or expedite, the administrative law judge shall consider such factors as: 1. The time remaining between the filing of the motion and the hearing date; 2. The position of other parties; 3. The reasons for e…

An administrative law judge shall vacate a calendared hearing and return the matter to the agency for further action, if: 1. The parties agree to vacate the hearing; 2. The agency dismisses the matter; 3. The non-agency party withdraws the appeal; or 4. Facts demonstrate to the a…

A. Procedure. The administrative law judge may hold a prehearing conference. The conference may be held telephonically. The administrative law judge may issue a prehearing order outlining the issues to be discussed. B. Record. The administrative law judge may record any agreement…

A. Form. A party shall request a subpoena in writing from the administrative law judge and shall include: 1. The caption and docket number of the matter; 2. A list or description of any documents sought; 3. The full name and home or business address of the custodian of the docume…

The administrative law judge may grant a motion for telephonic testimony if: 1. Personal attendance by a party or witness at the hearing will present an undue hardship for the party or witness; 2. Telephonic testimony will not cause undue prejudice to any party; and 3. The propon…

A. Generally. A party may present testimony and documentary evidence and argument with respect to the issues and may examine and cross-examine witnesses. B. Preparation. A party shall have all witnesses, documents and exhibits available on the date of the hearing. C. Exhibits. A …

A. Public access. Unless otherwise provided by law, all hearings are open to the public. B. Opening. The administrative law judge shall begin the hearing by reading the caption, stating the nature and scope of the hearing, and identifying the parties, counsel, and witnesses for t…

If a party fails to appear at a hearing, the administrative law judge may proceed with the presentation of the evidence of the appearing party, or vacate the hearing and return the matter to the agency for any further action. Notes Ariz. Admin. Code § R2-19-117 Section adopted by…

All witnesses at the hearing shall testify under oath or affirmation. At the request of a party, or at the discretion of the administrative law judge, the administrative law judge may exclude witnesses who are not parties from the hearing room so that they cannot hear the testimo…

A. Standard of proof. Unless otherwise provided by law, the standard of proof is a preponderance of the evidence. B. Burden of proof. Unless otherwise provided by law: 1. The party asserting a claim, right, or entitlement has the burden of proof; 2. A party asserting an affirmati…

A person shall not interfere with access to or from the hearing room, or interfere, or threaten interference with the hearing. If a person interferes, threatens interference, or disrupts the hearing, the administrative law judge may order the disruptive person to leave or be remo…

A. Maintenance. The Office shall maintain the official record of a matter. B. Transfer of record. Before an agency takes final action, the agency may request that the record be available for its review or duplication. Any party requesting a copy of the record or any portion of th…

A. Notification to the Office. Within 10 days of filing a notice of appeal of an agency action resulting from an administrative hearing before the Office, the party shall file a copy of the notice of appeal with the Office. The Office shall then transmit the record to the Superio…

In this Article, unless the context otherwise requires: "Arizona Arts Endowment Fund" means the fund established in A.R.S. § 41-986. "Arts Organization" means an organization that has applied for and received non-profit status under 501(c)(3) of the U.S. internal revenue code and…

A. The Commission shall consider private monies to be a match to the Arizona Arts Endowment Fund if the private monies are contributed as follows: 1. The donor enters into a written agreement with an endowment fund to dedicate the monies permanently; and 2. The donor designates t…

In this Article, unless the context otherwise requires: "Applicant" means an organization that applies for a grant. "Application" means the documentation and material that an applicant submits to request a grant. "Arizona Arts Trust Fund" means the fund created by A.R.S. § 41-983…

To be eligible to receive an Arizona Arts Trust Fund grant under this Article, an applicant shall meet the following requirements: 1. Be based in Arizona; 2. Be a city or county government, be designated as a nonprofit 501(c)(3) organization by the Internal Revenue Service, or be…

A. The following criteria shall be used by the grant review panels and the Commission for reviewing general operating support grants and granting funds from the Arizona Arts Trust Fund: 1. Artistic quality and creativity; 2. Ability of the applicant organization's programs to ser…

A. The Commission shall establish an annual grant deadline and publish grant guidelines by January 15th of each year. Applications shall be postmarked or delivered by 5:00 p.m. on the grant deadline date. Late applications shall not be filed by the Commission but shall be returne…