41-2184

41-2184. Rehearing

A. Any party may apply for a rehearing by filing with the director a motion
pursuant to chapter 6, article 10 of this title.

B. The filing of a motion for rehearing shall suspend the operation of the
administrative law judge's action, except for an action which upholds a cease and desist
order, and permits the licensee or the person who was issued a citation to continue to do
business pending denial or granting of the petition. If the motion is granted, the
administrative law judge's action is suspended pending the decision of the director upon
the rehearing.

C. In the order granting or denying a rehearing, the director shall include a
statement of the particular grounds and reasons for the director's action on the petition
and shall promptly mail a copy of the order to the parties who have appeared in support
of or in opposition to the petition for rehearing. If a rehearing is granted, the
administrative law judge shall set the matter for further hearing on due notice to the
parties. After submission of the matter upon rehearing, the administrative law judge
shall render a decision in writing and give notice of the decision in the same manner as
of a decision rendered upon an original hearing.

D. A rehearing may be granted for any of the following reasons materially affecting
the moving party's rights:

1. Irregularity in the proceedings before the director, or any order or abuse of
discretion which deprived the moving party of a fair hearing.

2. Misconduct by the director, the director's employees or the administrative law
judge.

3. Accident or surprise that could not have been prevented by ordinary prudence.

4. Newly discovered material evidence that could not with reasonable diligence have
been discovered and produced at the original hearing.

5. Excessive or insufficient penalties.

6. Error in the admission or rejection of evidence or other errors of law occurring
at the hearing.

7. That the decision is not justified by the evidence or is contrary to law.

E. If an order denying a rehearing or a decision given upon a rehearing results in
immediate suspension or revocation of a license, then operation of such order or decision
shall be suspended until ten days after service of notice of the suspension or
revocation.

F. In a rehearing pursuant to this section, a corporation may be represented by a
corporate officer or employee who is not a member of the state bar if:

1. The corporation has specifically authorized the officer or employee to represent
it.

2. The representation is not the officer's or employee's primary duty to the
corporation but is secondary or incidental to the officer's or employee's duties relating
to the management or operation of the corporation.