A. Any interested party may request a hearing before the commission to contest the notice of violation issued pursuant to this article.
Terms Used In Arizona Laws 23-479
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Commission: means the industrial commission of Arizona. See Arizona Laws 23-471
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Division: means the division of occupational safety and health of the commission. See Arizona Laws 23-471
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Interested party: means the commission, agents of the commission and any owner or operator who has been issued a notice of violation. See Arizona Laws 23-471
- Subpoena: A command to a witness to appear and give testimony.
- Writing: includes printing. See Arizona Laws 1-215
B. A request for hearing shall be made in writing, signed by or on behalf of the interested party and include such party’s address. The request shall also state with particularity the violation or abatement period which is being protested. The request for hearing shall be filed within fifteen days from the issuance of the notice of violation or the notice of violation will be deemed final and admitted. For the purposes of this section "filed" means actually received at an office of the commission.
C. The commission shall refer the request for the hearing to the administrative law judge division for determination as expeditiously as possible. The presiding administrative law judge may dismiss a request for hearing if it appears that the disputed issues have been resolved by the parties. Any interested party who objects to such dismissal may request a review pursuant to section 23-481.
D. At least twenty days’ prior notice of the time and place of the hearing shall be given to all parties in interest by mail at their last known address. Hearings shall be held in the county where the alleged violation occurred or such other place selected by the administrative law judge.
E. A record of all proceedings at the hearing shall be made but need not be transcribed unless a party applies to the court of appeals for a petition for special action pursuant to section 23-483. The record of the proceedings if not transcribed shall be kept for at least two years.
F. Except as otherwise provided in this section and rules or procedure established by the commission, the administrative law judge is not bound by common law or statutory rules of evidence or by technical or formal rules of procedure and may conduct the hearing in any manner that will achieve substantial justice.
G. Any party shall be entitled to issuance and service of subpoenas under the general subpoena powers of the commission. Any party or a representative may serve such subpoenas.
H. Any interested party or an authorized agent shall be entitled to inspect the file of the commission if such authorization is filed in writing with the commission.
I. Within thirty days after the date of notice of hearing, any interested party to a hearing before the commission may file an affidavit for change of administrative law judge against any administrative law judge of the commission hearing such matters or commencing to hear such matter, setting forth any of the grounds as provided in subsection J of this section. The administrative law judge shall immediately transfer the matter to another administrative law judge of the commission who shall preside. Not more than one change of administrative law judge shall be granted to any one party.
J. Grounds which may be alleged for change of administrative law judge are that:
1. The administrative law judge has been engaged as counsel in the hearing prior to appointment as administrative law judge.
2. The administrative law judge is otherwise interested in the hearing.
3. The administrative law judge is related to a party to the hearing.
4. The administrative law judge is a material witness in the hearing.
5. The party filing the affidavit has cause to believe and does believe that on account of the bias, prejudice or interest of the administrative law judge he cannot obtain a fair and impartial hearing.