A. The request for review of an administrative law judge decision need only state that the party requests a review of the decision. The request may be accompanied by a memorandum of points and authorities, in which event any other interested party shall have fifteen days from the date of filing in which to respond. Failure to respond will not be deemed an admission against interest.

Terms Used In Arizona Laws 23-481

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Commission: means the industrial commission of Arizona. See Arizona Laws 23-471
  • Division: means the division of occupational safety and health of the commission. See Arizona Laws 23-471
  • 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

B. The request for review shall be filed with the division and copies of the request shall be mailed to all other parties to the proceeding.

C. When review has been requested, the record of such oral proceedings at the hearings before the administrative law judge for purposes of the review shall be transcribed at the expense of the party requesting review.

D. Notice of the review shall be given to the parties by mail.

E. The review shall be made by the presiding administrative law judge and shall be based upon the record and the memoranda submitted pursuant to the provisions of subsection A of this section.

F. The presiding administrative law judge may affirm, reverse, rescind, modify or supplement the decision and make such disposition of the case as is determined to be appropriate. A decision upon review shall be made within sixty days after the review has been requested.

G. The decision upon review shall become a part of the commission file and a copy sent by mail to the parties.

H. The decision upon review shall be final unless within fifteen days after the date of mailing of copies of such decision to the parties, one of the parties applies to the court of appeals by a petition for special action pursuant to section 23-483. The decision shall contain a statement explaining the rights of the parties pursuant to this section and section 23-483.