41-1062. Hearings; evidence; official notice;
power to require testimony and records; rehearing
A. Unless otherwise provided by law, in contested cases the following shall apply:
1. A hearing may be conducted in an informal manner and without adherence to the
rules of evidence required in judicial proceedings. Neither the manner of conducting the
hearing nor the failure to adhere to the rules of evidence required in judicial
proceedings shall be grounds for reversing any administrative decision or order providing
the evidence supporting such decision or order is substantial, reliable, and
probative. Irrelevant, immaterial or unduly repetitious evidence shall be
excluded. Every person who is a party to such proceedings shall have the right to be
represented by counsel, to submit evidence in open hearing and shall have the right of
cross-examination. Unless otherwise provided by law, hearings may be held at any place
determined by the agency.
2. Copies of documentary evidence may be received in the discretion of the
presiding officer. Upon request, parties shall be given an opportunity to compare the
copy with the original.
3. Notice may be taken of judicially cognizable facts. In addition, notice may be
taken of generally recognized technical or scientific facts within the agency's
specialized knowledge. Parties shall be notified either before or during the hearing or
by reference in preliminary reports or otherwise of the material noticed including any
staff memoranda or data and they shall be afforded an opportunity to contest the material
so noticed. The agency's experience, technical competence and specialized knowledge may
be utilized in the evaluation of the evidence.
4. The officer presiding at the hearing may cause to be issued subpoenas for the
attendance of witnesses and for the production of books, records, documents and other
evidence and shall have the power to administer oaths. Unless otherwise provided by law
or agency rule, subpoenas so issued shall be served and, upon application to the court by
a party or the agency, enforced in the manner provided by law for the service and
enforcement of subpoenas in a civil action. On application of a party or the agency and
for use as evidence, the officer presiding at the hearing may permit a deposition to be
taken, in the manner and upon the terms designated by him, of a witness who cannot be
subpoenaed or is unable to attend the hearing. Prehearing depositions and subpoenas for
the production of documents may be ordered by the officer presiding at the hearing,
provided that the party seeking such discovery demonstrates that the party has reasonable
need of the deposition testimony or materials being sought. All provisions of law
compelling a person under subpoena to testify are applicable. Fees for attendance as a
witness shall be the same as for a witness in the superior courts of the state of
Arizona, unless otherwise provided by law or agency rule. Notwithstanding the provisions
of section 12-2212, no subpoenas, depositions or other discovery shall be permitted in
contested cases except as provided by agency rule or this paragraph.
B. Except when good cause exists otherwise, the agency shall provide an opportunity
for a rehearing or review of the decision of an agency before such decision becomes
final. Such rehearing or review shall be governed by agency rule drawn as closely as
practicable from rule 59, Arizona rules of civil procedure, relating to new trial in
superior court.
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