Arizona HOA Transparency Project

41-1092.Definitions
In this article, unless the context otherwise requires:
1. "Administrative law judge" means an individual or an agency head, board or commission that
sits as an administrative law judge, that conducts administrative hearings in a contested case or
an appealable agency action and that makes decisions regarding the contested case or
appealable agency action.
2. "Administrative law judge decision" means the findings of fact, conclusions of law and
recommendations or decisions issued by an administrative law judge.
3. "Adversely affected party" means:
(a) An individual who both:
(i) Provides evidence of an actual injury or economic damage that the individual has suffered or
will suffer as a direct result of the action and not due to being a competitor or a general
taxpayer.
(ii) Timely submits comments on the license application that include, with sufficient specificity,
the questions of law, if applicable, that are the basis for the appeal.
(b) A group or association that identifies, by name and physical address in the notice of appeal,
a member of the group or association who would be an adversely affected party in the
individual's own right.
4. "Appealable agency action" means an action that determines the legal rights, duties or
privileges of a party, including the administrative completeness of an application other than an
application submitted to the department of water resources pursuant to title 45, and that is not a
contested case. Appealable agency actions do not include interim orders by self-supporting
regulatory boards, rules, orders, standards or statements of policy of general application issued
by an administrative agency to implement, interpret or make specific the legislation enforced or
administered by it or clarifications of interpretation, nor does it mean or include rules concerning
the internal management of the agency that do not affect private rights or interests. For the
purposes of this paragraph, administrative hearing does not include a public hearing held for the
purpose of receiving public comment on a proposed agency action.
5. "Director" means the director of the office of administrative hearings.
6. "Final administrative decision" means a decision by an agency that is subject to judicial
review pursuant to title 12, chapter 7, article 6.
7. "Licensee":


(a) Means any individual or business entity that has been issued a license by a state agency to
engage in any business or activity in this state and that is subject to a licensing decision.
(b) Includes any individual or business entity that has applied for such a license and that
appeals a licensing decision pursuant to section 41-1092.08 or 41-1092.12.
8. "Office" means the office of administrative hearings.
9. "Self-supporting regulatory board" means any of the following:
(a) The Arizona state board of accountancy.
(b) The barbering and cosmetology board.
(c) The board of behavioral health examiners.
(d) The Arizona state boxing and mixed martial arts commission.
(e) The state board of chiropractic examiners.
(f) The state board of dental examiners.
(g) The Arizona game and fish commission.
(h) The board of homeopathic and integrated medicine examiners.
(i) The Arizona medical board.
(j) The naturopathic physicians medical board.
(k) The Arizona state board of nursing.
(l) The board of examiners of nursing care institution administrators and assisted living facility
managers.
(m) The board of occupational therapy examiners.
(n) The state board of dispensing opticians.
(o) The state board of optometry.
(p) The Arizona board of osteopathic examiners in medicine and surgery.
(q) The Arizona peace officer standards and training board.
(r) The Arizona state board of pharmacy.
(s) The board of physical therapy.


(t) The state board of podiatry examiners.
(u) The state board for private postsecondary education.
(v) The state board of psychologist examiners.
(w) The board of respiratory care examiners.
(x) The state board of technical registration.
(y) The Arizona state veterinary medical examining board.
(z) The acupuncture board of examiners.
(aa) The Arizona regulatory board of physician assistants.
(bb) The board of athletic training.
(cc) The board of massage therapy.

41-1092.01, subsection F may issue, with the prior written approval of the attorney general, a
written order compelling the testimony or production of documents in proceedings and
investigations before the office or agency as provided in section 41-1092.01, subsection F or
apply to the appropriate court for such an order in other actions or proceedings.
C. Evidence produced pursuant to subsection B of this section is not admissible in evidence or
usable in any manner in a criminal prosecution, except for perjury, false swearing, tampering
with physical evidence or any other offense committed in connection with the appearance made
pursuant to this section against the person testifying or the person producing the person's
private papers.

41-1092.02.Appealable agency actions; applicationof procedural rules; exemption from article
A. This article applies to all contested cases as defined in section 41-1001 and all appealable
agency actions, except contested cases with or appealable agency actions of:
1. The state department of corrections.
2. The board of executive clemency.
3. The industrial commission of Arizona.
4. The Arizona corporation commission.
5. The Arizona board of regents and institutions under its jurisdiction.
6. The state personnel board.
7. The department of juvenile corrections.
8. The department of transportation, except as provided in title 28, chapter 30, article 2.
9. The department of economic security except as provided in section 46-458.
10. The department of revenue regarding:
(a) Income tax or withholding tax.
(b) Any tax issue related to information associated with the reporting of income tax or
withholding tax unless the taxpayer requests in writing that this article apply and waives
confidentiality under title 42, chapter 2, article 1.
11. The board of tax appeals.
12. The state board of equalization.
13. The state board of education, but only in connection with contested cases and appealable
agency actions related to either:
(a) Applications for issuance or renewal of a certificate and discipline of certificate holders and
noncertificated persons pursuant to sections 15-203, 15-505, 15-534, 15-534.01, 15-535,

41-1092.03, the appealable agency action is not subject to judicial review. The license is not
stayed during the appeal unless the affected party that has appealed applies to the superior
court for an order requiring a stay pending final disposition of the appeal as necessary to
prevent an imminent and substantial endangerment to public health or the environment. The
court shall determine the matter under the standards applicable for granting preliminary
injunctions.
I. Except for a licensing decision concerning the administrative completeness of an application
submitted by a licensee or a licensing decision where the agency, executive director, board or
commission has determined that the licensee poses a threat of grave harm or danger to the
public or has acted with complete disregard for the well-being of the public in engaging or in
being allowed to engage in the licensee's regulated business activity, for any appealable agency
action or contested case involving a licensing decision, the licensee may accept the decision not
more than ten days after receiving the administrative law judge's written decision. If the licensee


accepts the administrative law judge's written decision, the decision shall be certified as the final
decision by the office. If the licensee does not accept the administrative law judge's written
decision as the final decision in the matter, the head of the agency, executive director, board or
commission may review the decision and accept, reject or modify the decision. If the head of the
agency, executive director, board or commission intends to reject or modify the decision, the
parties shall meet and confer, within thirty days after receiving the administrative law judge's
decision pursuant to subsection A of this section, concerning the agency's proposed
modifications to the findings of fact and conclusions of law. Within twenty days after conferring,
the head of the agency, executive director, board or commission shall file its final decision in
accordance with subsection B of this section. This subsection does not apply to any appealable
agency actions of the department of water resources pursuant to title 45.
J. This section does not apply to the Arizona peace officer standards and training board
established by section 41-1821.

41-1092.04.Service of documents
Unless otherwise provided in this article, every notice or decision under this article shall be
served by personal delivery or certified mail, return receipt requested, or by any other method
reasonably calculated to effect actual notice on the agency and every other party to the action to
the party's last address of record with the agency. Each party shall inform the agency and the
office of any change of address within five days of the change.

41-1092.05.Scheduling of hearings; prehearing conferences
A. Except as provided in subsections B and C, hearings for:
1. Appealable agency actions shall be held within sixty days after the notice of appeal is filed.
2. Contested cases shall be held within sixty days after the agency's request for a hearing.
B. Hearings for appealable agency actions of or contested cases with self-supporting regulatory
boards that meet quarterly or less frequently shall be held at the next meeting of the board after
the board receives the written decision of an administrative law judge or the issuance of the
notice of hearing, except that:
1. If the decision of the administrative law judge is received or the notice of hearing is issued
within thirty days before the board meets, the hearing shall be held at the following meeting of
the board.
2. If good cause is shown, the hearing may be held at a later meeting of the board.
C. The date scheduled for the hearing may be advanced or delayed on the agreement of the
parties or on a showing of good cause.
D. The agency shall prepare and serve a notice of hearing on all parties to the appeal or
contested case at least thirty days before the hearing. The notice shall include:
1. A statement of the time, place and nature of the hearing.
2. A statement of the legal authority and jurisdiction under which the hearing is to be held.
3. A reference to the particular sections of the statutes and rules involved.
4. A short and plain statement of the matters asserted. If the agency or other party is unable to
state the matters in detail at the time the notice is served, the initial notice may be limited to a


statement of the issues involved. After the initial notice and on application, a more definite and
detailed statement shall be furnished.
E. Notwithstanding subsection D, a hearing shall be expedited as provided by law or upon a
showing of extraordinary circumstances or the possibility of irreparable harm if the parties to the
appeal or contested case have actual notice of the hearing date. Any party to the appeal or
contested case may file a motion with the director asserting the party's right to an expedited
hearing. The right to an expedited hearing shall be listed on any abatement order. The Arizona
health care cost containment system administration may file a motion with every member
grievance and eligibility appeal that cites federal law and that requests that a hearing be set
within thirty days after the motion is filed.
F. Prehearing conferences may be held to:
1. Clarify or limit procedural, legal or factual issues.
2. Consider amendments to any pleadings.
3. Identify and exchange lists of witnesses and exhibits intended to be introduced at the hearing.
4. Obtain stipulations or rulings regarding testimony, exhibits, facts or law.
5. Schedule deadlines, hearing dates and locations if not previously set.
6. Allow the parties opportunity to discuss settlement.

41-1092.06.Appeals of agency actions and contestedcases; informal settlement conferences;
applicability
A. If requested by the appellant of an appealable agency action or the respondent in a
contested case, the agency shall hold an informal settlement conference within fifteen days after
receiving the request. A request for an informal settlement conference shall be in writing and
shall be filed with the agency no later than twenty days before the hearing. If an informal
settlement conference is requested, the agency shall notify the office of the request and the
outcome of the conference, except as provided in section 41-1092.01, subsection F. The
request for an informal settlement conference does not toll the sixty day period in which the
administrative hearing is to be held pursuant to section 41-1092.05.
B. If an informal settlement conference is held, a person with the authority to act on behalf of the
agency must represent the agency at the conference. The agency representative shall notify the
appellant in writing that statements, either written or oral, made by the appellant at the
conference, including a written document, created or expressed solely for the purpose of
settlement negotiations are inadmissible in any subsequent administrative hearing. The parties


participating in the settlement conference shall waive their right to object to the participation of
the agency representative in the final administrative decision.

41-1092.07.Hearings
A. A party to a contested case or appealable agency action may file a nonperemptory motion
with the director to disqualify an office administrative law judge from conducting a hearing for
bias, prejudice, personal interest or lack of technical expertise necessary for a hearing.
B. The parties to a contested case or appealable agency action have the right to be represented
by counsel or to proceed without counsel, to submit evidence and to cross-examine witnesses.
C. The administrative law judge may issue subpoenas to compel the attendance of witnesses
and the production of documents. The subpoenas shall be served and, on application to the
superior court, enforced in the manner provided by law for the service and enforcement of
subpoenas in civil matters. The administrative law judge may administer oaths and affirmations
to witnesses.
D. All parties shall have the opportunity to respond and present evidence and argument on all
relevant issues. All relevant evidence is admissible, but the administrative law judge may
exclude evidence if its probative value is outweighed by the danger of unfair prejudice, by
confusion of the issues or by considerations of undue delay, waste of time or needless
presentation of cumulative evidence. The administrative law judge shall exercise reasonable
control over the manner and order of cross-examining witnesses and presenting evidence to
make the cross-examination and presentation effective for ascertaining the truth, avoiding
needless consumption of time and protecting witnesses from harassment or undue
embarrassment.
E. All hearings shall be recorded. The administrative law judge shall secure either a court
reporter or an electronic means of producing a clear and accurate record of the proceeding at
the agency's expense. Any party that requests a transcript of the proceeding shall pay the costs
of the transcript to the court reporter or other transcriber.
F. Unless otherwise provided by law, the following 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 is grounds for
reversing any administrative decision or order if the evidence supporting the decision or order is
substantial, reliable and probative.


2. Copies of documentary evidence may be received in the discretion of the administrative law
judge. On request, the 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. The
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 used in the evaluation of the evidence. An
agency-issued license that substantially complied with the applicable licensing requirements
establishes a prima facie demonstration that the license meets all state and federal legal and
technical requirements and the license would protect public health, welfare and the
environment. An adversely affected party may rebut a prima facie demonstration by presenting
clear and convincing evidence demonstrating that one or more provisions in the license violate a
specifically applicable state or federal requirement. If an adversely affected party rebuts a prima
facie demonstration, the applicant or licensee and the agency director may present additional
evidence to support issuing the license.
4. On application of a party or the agency and for use as evidence, the administrative law judge
may permit a deposition to be taken, in the manner and on the terms designated by the
administrative law judge, of a witness who cannot be subpoenaed or who is unable to attend the
hearing. The administrative law judge may order subpoenas for the production of documents if
the party seeking the discovery demonstrates that the party has reasonable need of the
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 court, unless
otherwise provided by law or agency rule. Notwithstanding section 12-2212, subpoenas,
depositions or other discovery shall not be permitted except as provided by this paragraph or
subsection C of this section.
5. Informal disposition may be made by stipulation, agreed settlement, consent order or default.
6. Findings of fact shall be based exclusively on the evidence and on matters officially noticed.
7. A final administrative decision shall include findings of fact and conclusions of law, separately
stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise
and explicit statement of the underlying facts supporting the findings. Conclusions of law shall
specifically address the agency's authority to make the decision consistent with section

41-1092.08.Final administrative decisions; review;exception
A. The administrative law judge of the office shall issue a written decision within twenty days
after the hearing is concluded. The written decision shall contain a concise explanation of the
reasons supporting the decision, including the findings of fact and conclusions of law. The
administrative law judge shall serve a copy of the decision on all parties to the contested case
or appealable agency action. On request of the agency, the office shall also transmit to the
agency the record of the hearing as described in section 12-904, except as provided in section

41-1092.09.Rehearing or review
A. Except as provided in subsection B of this section:
1. A party may file a motion for rehearing or review within thirty days after service of the final
administrative decision.
2. The opposing party may file a response to the motion for rehearing within fifteen days after
the date the motion for rehearing is filed.
3. After a hearing has been held and a final administrative decision has been entered pursuant
to section 41-1092.08, a party is not required to file a motion for rehearing or review of the
decision in order to exhaust the party's administrative remedies.
B. A party to an appealable agency action of or contested case with a self-supporting regulatory
board shall exhaust the party's administrative remedies by filing a motion for rehearing or review
within thirty days after the service of the administrative decision that is subject to rehearing or
review in order to be eligible for judicial review pursuant to title 12, chapter 7, article 6. The
board shall notify the parties in the administrative decision that is subject to rehearing or review
that a failure to file a motion for rehearing or review within thirty days after service of the
decision has the effect of prohibiting the parties from seeking judicial review of the board's
decision.
C. Service is complete on personal service or five days after the date that the final
administrative decision is mailed to the party's last known address.
D. Except as provided in this subsection, the agency head, executive director, board or
commission shall rule on the motion within fifteen days after the response to the motion is filed


or, if a response is not filed, within five days of the expiration of the response period. A
self-supporting regulatory board shall rule on the motion within fifteen days after the response to
the motion is filed or at the board's next meeting after the motion is received, whichever is later.

41-1092.10.Compulsory testimony; privilege againstself-incrimination
A. A person may not refuse to attend and testify or produce evidence sought by an agency in an
action, proceeding or investigation instituted by or before the agency on the ground that the
testimony or evidence, documentary or otherwise, required of the person may tend to
incriminate the person or subject the person to a penalty or forfeiture unless it constitutes the
compelled testimony or the private papers of the person that would be privileged evidence either
pursuant to the fifth amendment of the Constitution of the United States or article II, section 10,
Constitution of Arizona, and the person claims the privilege before the production of the
testimony or papers.
B. If a person asserts the privilege against self-incrimination and the agency seeks to compel
production of the testimony or documents sought, the office or agency as provided in section

41-1092.11.Licenses; renewal; revocation; suspension;annulment; withdrawal
A. If a licensee makes timely and sufficient application for the renewal of a license or a new
license with reference to any activity of a continuing nature, the existing license does not expire
until the application has been finally determined by the agency, and, in case the application is
denied or the terms of the new license limited, until the last day for seeking review of the agency
order or a later date fixed by order of the reviewing court.
B. Revocation, suspension, annulment or withdrawal of any license is not lawful unless, before
the action, the agency provides the licensee with notice and an opportunity for a hearing in
accordance with this article. If the agency finds that the public health, safety or welfare
imperatively requires emergency action, and incorporates a finding to that effect in its order, the


agency may order summary suspension of a license pending proceedings for revocation or
other action. These proceedings shall be promptly instituted and determined.

41-1092.12.Private right of action; recovery of costsand fees; definitions
A. If an agency takes an action against a party that is arbitrary, capricious or not in accordance
with law, the action is an appealable agency action if all of the following apply:
1. Within ten days after receiving notification of the action that is arbitrary, capricious or not in
accordance with law, the party notifies the director of the agency in writing of the party's intent to
file a claim pursuant to this section. This notice shall include a description of the action the party
claims to be arbitrary, capricious or not in accordance with law and reasons why the action is
arbitrary, capricious or not in accordance with law.
2. The agency continues the action that is arbitrary, capricious or not in accordance with law
more than ten days after the agency receives the notice.
3. The action is not excluded from the definition of appealable agency action as defined in
section 41-1092.
B. This section only applies if an administrative remedy or an administrative or a judicial appeal
of final agency action is not otherwise provided by law.
C. If the party prevails, the agency shall pay reasonable costs and fees to the party from any
monies appropriated to the agency and available for that purpose or from other operating
monies of the agency. If the agency fails or refuses to pay the award within fifteen days after the
demand, and if no further review or appeal of the award is pending, the prevailing party may file
a claim with the department of administration. The department of administration shall pay the
claim within thirty days in the same manner as an uninsured property loss under chapter 3.1,
article 1 of this title, except that the agency is responsible for the total amount awarded and
shall pay it from its operating monies. If the agency had appropriated monies available for
paying the award at the time it failed or refused to pay, the legislature shall reduce the agency's
operating appropriation for the following fiscal year by the amount of the award and shall
appropriate that amount to the department of administration as reimbursement for the loss.
D. If the administrative law judge determines that the appealable agency action is frivolous, the
administrative law judge may require the party to pay reasonable costs and fees to the agency
in responding to the appeal filed before the office of administrative hearings.
E. Notwithstanding any other law, a licensee may forgo an administrative appeal and seek
judicial review of an agency's grant, denial, modification or revocation of a permit issued
pursuant to title 49.


F. For the purposes of this section:
1. "Action against the party" means any of the following that results in the expenditure of costs
and fees:
(a) A decision.
(b) An inspection.
(c) An investigation.
(d) The entry of private property.
(e) A notice of violation.
2. "Agency" means the department of environmental quality established pursuant to title 49,
chapter 1, article 1.
3. "Costs and fees" means reasonable attorney and professional fees.
4. "Notice of violation" means a written notice issued after an inspection or investigation
pursuant to section 41-1009 that documents and communicates an alleged deficiency meeting
one or more of the criteria listed in section 41-1009, subsection E.
5. "Party" means an individual, partnership, corporation, association and public or private
organization at whom the action was directed and who has expended costs and fees as a result
of the action against the party.

R2-19-101. Definitions
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.

R2-19-102. Applicability
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. The waiver does not cause undue prejudice to any party.


C. If a procedure is not provided by statute or these rules, an administrative law
judge may issue an order using the Arizona Rules of Civil Procedure and related
local rules for guidance.

R2-19-103. Request for Hearing
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 case or appealable agency
action;
4. In an appealable agency action, the date the party appealed the
agency action;
5. Estimated time for the hearing;
6. Proposed hearing dates;
7. Any request to expedite or consolidate the matter; and
8. Any agreement of the parties to waive applicable time limits to set
the hearing.
B. The Office may require the agency to supply information regarding the nature of
the proceeding, including the specific allegations.

R2-19-104. Assignment of Administrative Law Judge: Setting the Hearing
A. 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 Office.

R2-19-105. Ex Parte Communications
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; or
3. It is by written motion with copies to all parties.


[Golden Rule: A very common mistake parties make is to file a motion or
send a letter to a judge without sending a copy to the other parties. Since
no party would want any action taken without an opportuity to be heard,
every party must make sure that all other parties are notified and given a
copy of any motion or letter sent to an administrative law judge. SeeR2
-19-108.

R2-19-106. Motions
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 toR2 -19-109;
2. Continuing or expediting a hearing pursuant toR2 -19-110;
3. Vacating a hearing pursuant toR2 -19-111;
4. Prehearing conference pursuant toR2 -19-112;
5. Quashing a subpoena pursuant toR2 -19-113;
6. Telephonic testimony pursuant toR2 -19-114; and
7. Reconsideration of a previous order pursuant toR2 -19-115.
B. Form. Unless made during a prehearing conference or hearing, motions shall be
made in writing and shall conform to the requirements ofR2 -19-108. All motions,
whether written or oral, shall state the factual and legal grounds supporting the
motion, and the requested action.
C. Time Limits. Absent good cause, or unless otherwise provided by law or these
rules, written motions shall be filed with the Office at least 15 days before the
hearing. A party demonstrates good cause by showing that the grounds for the
motion could not have been known in time, using reasonable diligence and:
1. A ruling on the motion will further administrative convenience,
expedition or economy; or
2. A ruling on the motion will avoid undue prejudice to any party.
D. Response to Motion. A party shall file a written response stating any objection to
the motion within 5 days of service, or as directed by the administrative law judge.
E. Oral Argument. A party may request oral argument when filing a motion or
response. The administrative law judge may grant oral argument if it is necessary to
develop a complete record.
F. Rulings. Rulings on motions, other than those made during a prehearing
conference or the hearing, shall be in writing and served on all parties.

R2-19-107. Computing Time
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 shall exclude Saturdays, Sundays, and legal holidays.
(see"Inapplicability of A.A.C. R2-19-107 in computingstatutory time limits of
A.R.S. §41-1092 et seq)

[Golden Rule: A very common mistake parties make is to file a motion or
send a letter to a judge without sending a copy to the other parties. Since
no party would want any action taken without an opportuity to be heard,
every party must make sure that all other parties are notified and given a
copy of any motion or letter sent to an administrative law judge. See OAH
Procedural Rule R2 -19-108(E).]

R2-19-108. Filing Documents
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 complaints, answers, motions,
responses, notices, and briefs.
C. Form. A party shall state on the document the name and address of each party
served and how service was made pursuant to subsection E. A document shall
contain the agency's caption and the Office's docket number.
D. Signature. A document filed with the Office shall be signed by the party or the
party's attorney. A signature constitutes a certification that the signer has read the
document, has a good faith basis for submission of the document, and that it is not
filed for the purpose of delay or harassment. (seeSubstantive Policy Statement
interpreting term "signature")
E. Filing and Service. Filing and service. A copy of a document filed with the Office
shall be served on all parties. Filing with the Office and service shall be completed
by personal delivery; 1st-class, certified or express mail; facsimile; electronically
when filed through the Office’s electronic submission system; or as ordered by an
administrative law judge. A copy of a document filed with the Office shall be served
on all parties. (seeSubstantive Policy Statementinterpreting term "express
mail")
F. Date of Filing and Service. Date of filing and service. A document is filed with the
Office on the date it is received by the Office, as established by the Office’s date
stamp on the face of the document, or by the date and time shown on the
electronically filed document or docket entry when filed through the Office’s
electronic filing system. A copy of a document is served on a party as follows:
1. On the date it is personally served.
2. Five days after it is mailed by express or 1st class mail.


3. On the date of the return receipt if it is mailed by certified
mail.
4. On the date indicated on the facsimile transmission or
email.
5. On the date and time shown on the electronically filed
document or docket entry when served electronically on a
party through the Office’s electronic submission system.

[C
 ompose motions or respond to motions online
Use a e-motion form to communicate with an administrative law judge or to
request that some action be taken on a case. You can add attachments to
the e-motion form.]

R2-19-109. Consolidation or Severance of Matters
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
matters that are the subject of the motion for consolidation, the motion shall be filed
with the administrative law judge assigned to the matter with the earliest pending
hearing date.
C. Order. The administrative law judge shall send a written ruling granting or
denying consolidation to all parties, identifying the cases, the reasons for the
decision, and notification of any consolidated prehearing conference or
consolidated hearing. The administrative law judge shall designate the controlling
docket number and caption to be used on all future documents.
D. Severance. The administrative law judge may sever consolidated matters to
further administrative convenience, expedition, and economy, or to avoid undue
prejudice. Severance may be ordered upon the administrative law judge's own
review, or a party's motion.

R2-19-110. Continuing or Expediting a Hearing; Reconvening a Hearing.
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 expediting the hearing or for the unavailability of the
party, representative, or counsel on the date of the scheduled hearing;
4. Whether testimony of an unavailable witness can be taken
telephonically or by deposition; and
5. The status of settlement negotiations.
B. Reconvening a Hearing. The administrative law judge may recess a hearing and
reconvene at a future date by a verbal ruling.

R2-19-111. Vacating a Hearing
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 administrative law judge that it is
appropriate to vacate the hearing for the purpose of informal
disposition, or if the action will further administrative convenience,
expedition and economy and does not conflict with law or cause undue
prejudice to any party.
R2-19- 112. Prehearing Conference
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 agreements reached
during a prehearing conference by electronic or mechanical means, or memorialize
them in an order.

R2-19-112. Prehearing Conference

R2-19-113. Subpoenas
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
documents sought or all persons to be subpoenaed;
4. The date, time, and place to appear or to produce documents
pursuant to the subpoena; and
5. The name, address, and telephone number of the party, or the
party's attorney, requesting the subpoena.


B. An Administrative Law Judge may require a brief statement of the relevance of
testimony or documents.
C. Service of Subpoena. Any person who is not a party and is at least eighteen
years of age may serve a subpoena. The person shall serve the subpoena by
delivering a copy to the person to be served. The person serving the subpoena
shall provide proof of service by filing with the office a certified statement of the date
and manner of service and the names of the persons served.
D. Objection to Subpoena. A party, or the person served with a subpoena who
objects to the subpoena, or any portion of it, may file an objection with the
administrative law judge. The objection shall be filed within 5 days after service of
the subpoena, or at the outset of the hearing if the subpoena is served fewer than 5
days before the hearing.
E. Quashing, Modifying Subpoenas. The administrative law judge shall quash or
modify the subpoena if:
1. It is unreasonable or oppressive, or
2. The desired testimony or evidence may be obtained by an
alternative method.

R2-19-114. Telephonic Testimony
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 proponent of the telephonic testimony pays for any cost of
obtaining the testimony telephonically.

R2-19-115. Rights and Responsibilities of Parties
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 party shall provide a copy of each exhibit to all other parties at the
time the exhibit is offered to the administrative law judge, unless it was previously
provided through discovery.
D. Responding to Orders. A party shall comply with an order issued by the
administrative law judge concerning the conduct of a hearing. Unless objection is
made orally during a pre-hearing conference or hearing, a party shall file a motion
requesting the administrative law judge to reconsider the order.

R2-19-116. Conduct of Hearing
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 the record.
C. Stipulations. The administrative law judge shall enter into the record any
stipulation, settlement agreement, or consent order entered into by any of the
parties before or during the hearing.
D. Opening Statements. The party with the burden of proof may make an opening
statement at the beginning of a hearing. All other parties may make statements in a
sequence determined by the administrative law judge.
E. Order of presentation. After opening statements, the party with the burden of
proof shall begin the presentation of evidence, unless the parties agree otherwise
or the administrative law judge determines that requiring another party to proceed
first would be more expeditious or appropriate, and would not prejudice any other
party.
F. Examination. A party shall conduct direct and cross examination of witnesses in
the order and manner determined by the administrative law judge to expedite and
ensure a fair hearing. The administrative law judge shall make rulings necessary to
prevent argumentative, repetitive, or irrelevant questioning and to expedite the
examination to the extent consistent with the disclosure of all relevant testimony
and information.
G. Closing argument. When all evidence has been received, parties shall have the
opportunity to present closing oral argument, in a sequence determined by the
administrative law judge. The administrative law judge may permit or require closing
oral argument to be supplemented by written memoranda. The administrative law
judge may permit or require written memoranda to be submitted simultaneously or
sequentially, within time periods the administrative law judge may prescribe.
H. Conclusion of hearing. Unless otherwise provided by the administrative law
judge, the hearing is concluded upon the submission of all evidence, the making of
final argument, or the submission of all post hearing memoranda, whichever occurs
last.

R2-19- 117. Failure of Party to Appear for Hearing
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.

R2-19-117. Failure of Party to Appear for Hearing

R2-19-118. Witnesses; Exclusion from Hearing


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 testimony of other witnesses.
R2-19- 119. Proof
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 affirmative defense has the burden of
establishing the affirmative defense; and
3. The proponent of a motion shall establish the grounds to support the
motion.

R2-19-119. Proof

R2-19-120. Disruptions
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 removed.

R2-19-121. Hearing Record
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 the record shall make a request to the Office
and shall pay the reasonable costs of duplication.
C. Release of exhibits. Exhibits shall be released:
1. Upon the order of a court of competent jurisdiction; or
2. Upon motion of the party who submitted the exhibits if the time for
judicial appeal has expired and no appeal is pending.

R2-19-122. Notice of Judicial Appeal; Transmitting the Transcript
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 Superior Court.
B. Transcript. A party requesting a transcript of an administrative hearing before the
Office shall arrange for transcription at the party's expense. The Office shall make a
copy of its audio taped record available to the transcriber. The party arranging for


transcription shall deliver the transcript, certified by the transcriber under oath to be
a true and accurate transcription of the audio taped record, to the Office, together
with one unbound copy.

32-2199 Administrative Hearings ........................................................................................................... 1

32-2199.01. Hearing; rights procedures
A. For a dispute between an owner and a condominium association or planned community association
that is regulated pursuant to title 33, chapter 9 or 16, the owner or association may petition the
department for a hearing concerning violations of condominium documents or planned community
documents or violations of the statutes that regulate condominiums or planned communities. The
petitioner shall file a petition with the department and pay a filing fee in an amount to be established by
the commissioner. The filing fee shall be deposited in the condominium and planned community hearing
office fund established by section 32-2199.05. On dismissal of a petition at the request of the petitioner
before a hearing is scheduled or by stipulation of the parties before a hearing is scheduled, the filing fee
shall be refunded to the petitioner. The department does not have jurisdiction to hear:
1. Any dispute among or between owners to which the association is not a party.
2. Any dispute between an owner and any person, firm, partnership, corporation, association or
other organization that is engaged in the business of designing, constructing or selling a
condominium as defined in section 33-1202 or any property or improvements within a planned
community as defined in section 33-1802, including any person, firm, partnership, corporation,
association or other organization licensed pursuant to this chapter, arising out of or related to the
design, construction, condition or sale of the condominium or any property or improvements
within a planned community.
B. The petition shall be in writing on a form approved by the department, shall list the complaints and
shall be signed by or on behalf of the persons filing and include their addresses, stating that a hearing is
desired, and shall be filed with the department.
C. On receipt of the petition and the filing fee the department shall mail by certified mail a copy of the
petition along with notice to the named respondent that a response is required within twenty days after
mailing of the petition showing cause, if any, why the petition should be dismissed.
D. After receiving the response, the commissioner or the commissioner's designee shall promptly review
the petition for hearing and, if justified, refer the petition to the office of administrative hearings. The
commissioner may dismiss a petition for hearing if it appears to the commissioner's satisfaction that the
disputed issue or issues have been resolved by the parties.
E. Failure of the respondent to answer is deemed an admission of the allegations made in the petition,
and the commissioner shall issue a default decision.
F. Informal disposition may be made of any contested case.

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G. Either party or the party's authorized agent may inspect any file of the department that pertains to the
hearing, if the authorization is filed in writing with the department.
H. At a hearing conducted pursuant to this section, a corporation may be represented by a corporate
officer, employee or contractor of the corporation who is not a member of the state bar if:
1. The corporation has specifically authorized the officer, employee or contractor of the
corporation to represent it.
2. The representation is not the officer's, employee's or contractor of the corporation's primary
duty to the corporation but is secondary or incidental to the officer's, employee's or contractor of
the corporation's, limited liability company's, limited liability partnership's, sole proprietor's or other
lawfully formed and operating entity's duties relating to the management or operation of the
corporation.

32-2199.02. Orders; penalties; disposition
A. The administrative law judge may order any party to abide by the statute, condominium documents,
community documents or contract provision at issue and may levy a civil penalty on the basis of each
violation. All monies collected pursuant to this article shall be deposited in the condominium and planned
community hearing office fund established by section 32-2199.05 to be used to offset the cost of
administering the administrative law judge function. If the petitioner prevails, the administrative law judge
shall order the respondent to pay to the petitioner the filing fee required by section 32-2199.01.
B. The order issued by the administrative law judge is binding on the parties unless a rehearing is granted
pursuant to section 32-2199.04 based on a petition setting forth the reasons for the request for rehearing,
in which case the order issued at the conclusion of the rehearing is binding on the parties. The order
issued by the administrative law judge is enforceable through contempt of court proceedings and is
subject to judicial review as prescribed by section 41-1092.08.

32-2199.04. Rehearing; appeal
A. A person aggrieved by a decision of the administrative law judge may apply for a rehearing by filing
with the commissioner a petition in writing pursuant to section 41-1092.09. Within ten days after filing
such petition, the commissioner shall serve notice of the request on the other party by mailing a copy of
the petition in the manner prescribed in section 32-2199.01 for notice of hearing.
B. The filing of a petition for rehearing temporarily suspends the operation of the administrative law
judge's action. If the petition is granted, the administrative law judge's action is suspended pending the
decision on the rehearing.
C. In the order granting or denying a rehearing, the commissioner shall include a statement of the
particular grounds and reasons for the commissioner'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.
D. In a rehearing conducted 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 such officer or employee to represent it.
2. Such representation is not the officer's or employee's primary duty to the corporation but is
secondary or incidental to such officer's or employee's duties relating to the management or
operation of the corporation.

32.2199.05. Condominium and planned community hearing office fund
A. The condominium and planned community hearing office fund is established in the department to be
administered by the commissioner. Monies in the fund are continuously appropriated. On notice from the
commissioner, the state treasurer shall invest and divest monies in the fund as provided by section 35313, and monies earned from investment shall be credited to the fund.
B. Monies in the condominium and planned community hearing office fund shall be used to reimburse the
actual costs of the office of administrative hearings in conducting hearings pursuant to section 322199.01. Monies remaining in the fund may be used by the department to offset the costs of
administering cases filed pursuant to section 32-2199.01.

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