23-420. Hearing rights and procedures

376 words·~2 min read·/az/title-23/23-420

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. Subject to section 23-417, an interested party may request a hearing.

B. A request for hearing shall be made in writing, signed by or on behalf of the interested party and including the requesting party's address and e-mail address, stating that a hearing is desired, and mailed or e-mailed to the commission. The request shall also state with particularity the violation, abatement period or penalty that is being protested. Any violation, abatement period or penalty not protested within the time limit specified on the citation or penalty notice will be deemed admitted.

C. The commission shall refer the request for hearing to the office of administrative hearings for determination as expeditiously as possible. The administrative law judge assigned to hear a case arising out of this article shall either be employed or contracted by the office of administrative hearings.

D. At least five days before any hearing, notice of the time and place of the hearing shall be given to all parties in interest by mail at their last known address. The hearing shall be held in the county where the violation has occurred or such other place as selected by the administrative law judge.

E. A record of all proceedings at the hearing shall be kept but need not be transcribed unless a party requests a review of the decision of the administrative law judge.

F. Except as otherwise provided in this section and by rules of procedure promulgated by the commission pursuant to section 23-405, paragraph 4, the administrative law judge is not bound by common law or statutory rules of evidence or by technical or formal rules of procedure and shall conduct the hearing in any manner that will achieve substantial justice.

G. An interested party is entitled to the issuance of subpoenas for the attendance of witnesses, parties and the production of reports, papers, contracts, books, accounts, documents and testimony that are relevant and material to the issue. The commission or the administrative law judge shall issue such subpoenas. The commission may initiate contempt proceedings against any person who refuses to comply with a duly issued subpoena, on application to the superior court. Any person held in contempt may be punished by a fine of not more than one thousand dollars.