Administrative Hearing Request Packet

ADMINISTRATIVE HEARING REQUEST PACKET

State of Arizona

Office of Administrative Hearings (OAH) -- Contested Case / Appealable Agency Action

SECTION 1: OVERVIEW AND LEGAL FRAMEWORK

1.1 Purpose of This Packet

This packet provides the forms and guidance necessary to request a contested case hearing or to appeal an appealable agency action before the Arizona Office of Administrative Hearings (OAH). Use this packet when you have received an adverse agency action and wish to contest it through a formal hearing process.

1.2 Governing Law

Arizona administrative hearings are governed by the Uniform Administrative Hearing Procedures, A.R.S. Section 41-1092 et seq., which established a centralized hearing system through the Office of Administrative Hearings.

Key provisions include:

• Section 41-1092: Definitions, including "appealable agency action" (an action that determines the legal rights, duties, or privileges of a party and that is subject to appeal under the article) and "contested case."
• Section 41-1092.01: Establishes OAH within the executive branch, independent of any agency. OAH provides ALJs to hear contested cases and appealable agency actions.
• Section 41-1092.02: Identifies which agency actions are appealable.
• Section 41-1092.03: Sets the 30-day deadline to file a notice of appeal or request for hearing after receiving notice of agency action.
• Section 41-1092.06: Right to an informal settlement conference.
• Section 41-1092.07: Hearing procedures, evidence, and conduct.
• Section 41-1092.08: Final administrative decisions and agency review.
• Section 41-1092.09: Rehearing or review of ALJ decision (30-day deadline).
• Section 41-1092.11: Judicial review in superior court.

1.3 Centralized Office of Administrative Hearings

Arizona uses a centralized hearing system through OAH. OAH provides administrative law judges (ALJs) to preside over contested cases and appeals from most state agencies. The OAH director assigns ALJs based on subject-matter expertise.

OAH handles hearings for most Arizona state agencies, including but not limited to:

• Arizona Department of Administration
• Arizona Department of Economic Security (DES)
• Arizona Department of Environmental Quality (ADEQ)
• Arizona Department of Health Services (ADHS)
• Arizona Department of Insurance and Financial Institutions
• Arizona Department of Revenue
• Arizona Department of Transportation
• Arizona Department of Education / State Board of Education
• Arizona Registrar of Contractors
• Professional licensing boards (Board of Medical Examiners, Pharmacy Board, Nursing Board, etc.)
• Arizona Corporation Commission (certain matters)

Note: Some agencies are exempt from OAH jurisdiction under A.R.S. Section 41-1092.02. Always verify that OAH handles your specific type of case.

1.4 Two Types of Proceedings

Arizona distinguishes between:

1. Appealable Agency Actions: Actions that determine legal rights and are subject to appeal (e.g., license denials, permit denials).
2. Contested Cases: Proceedings in which the agency seeks to impose discipline or enforce compliance (e.g., license revocations, enforcement orders).

The filing procedures are similar, but the characterization affects certain procedural rights.

SECTION 2: FILING DEADLINE WARNING

CRITICAL DEADLINE NOTICE

You must file your notice of appeal or request for hearing within 30 DAYS after receiving the agency's notice of action. This is the standard deadline under A.R.S. Section 41-1092.03(B).

A.R.S. Section 41-1092.03(B): "A party may obtain a hearing on an appealable agency action or contested case by filing a notice of appeal or request for a hearing with the agency within thirty days after receiving the notice prescribed in subsection A of this section."

Late filings: Under A.R.S. Section 41-1092.03(B), if good cause is shown, an agency head may accept an appeal or request for hearing that is not filed in a timely manner. However, this is discretionary and should not be relied upon.

SECTION 3: TYPES OF ACTIONS REQUIRING A HEARING

Check all types of agency actions that apply to your situation:

☐ Professional license denial, revocation, suspension, or discipline
☐ Business permit or license denial or revocation
☐ Occupational license denial or discipline
☐ Environmental permit denial or enforcement order (ADEQ)
☐ Tax assessment dispute (Department of Revenue)
☐ Unemployment insurance benefit denial or overpayment determination
☐ Workers' compensation dispute
☐ Public assistance benefit denial or reduction (AHCCCS/Medicaid, SNAP, TANF)
☐ Regulatory enforcement action or civil penalty assessment
☐ Government contract debarment or suspension
☐ Contractor license action (Registrar of Contractors)
☐ Real estate license disciplinary action
☐ Insurance license or company action
☐ Health care facility licensing action
☐ Child care facility licensing action
☐ Charter school action (State Board for Charter Schools)
☐ Teacher or administrator certification action
☐ Motor vehicle dealer licensing action
☐ Liquor license denial or revocation
☐ Other: [________________________________]

SECTION 4: NOTICE OF APPEAL / REQUEST FOR HEARING

BEFORE THE ARIZONA OFFICE OF ADMINISTRATIVE HEARINGS

OAH Case No.: [____] (assigned by OAH after filing)
Agency Docket/Case No.: [________________________________]

NOTICE OF APPEAL / REQUEST FOR HEARING

Pursuant to A.R.S. Section 41-1092.03

I. APPELLANT / PETITIONER INFORMATION

Attorney Information (if represented):

II. AGENCY INFORMATION

III. AGENCY ACTION BEING APPEALED/CONTESTED

This is a(n) (check one):
☐ Appeal of an appealable agency action
☐ Request for hearing in a contested case

Type of Agency Action (check one):

☐ Denial of application for [________________________________]
☐ Revocation of [________________________________]
☐ Suspension of [________________________________]
☐ Imposition of civil penalty in the amount of $[________________________________]
☐ Enforcement order requiring [________________________________]
☐ Benefit denial or reduction of [________________________________]
☐ Tax assessment/deficiency in the amount of $[________________________________]
☐ Cease and desist order
☐ Summary action / emergency suspension
☐ Other: [________________________________]

Brief Description of Agency Action:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

IV. STATUTORY BASIS FOR APPEAL / HEARING RIGHT

Appellant/Petitioner is entitled to appeal or request a hearing pursuant to:

☐ A.R.S. Section 41-1092.03 (Notice of Appealable Agency Action; Hearing)
☐ A.R.S. Section 41-1092.02 (Appealable Agency Actions)
☐ Agency-specific statute: [________________________________]
☐ Agency regulation: [________________________________]
☐ Federal law or regulation (specify): [________________________________]
☐ Due process clause, Arizona Constitution Art. 2, Section 4
☐ Other: [________________________________]

V. TIMELINESS STATEMENT

The agency notice was received on [__/__/____]. This notice of appeal/request for hearing is filed on [__/__/____], which is within the 30-day deadline established by A.R.S. Section 41-1092.03(B).

☐ This filing is timely (within 30 days of receipt of notice).
☐ This filing is untimely. Appellant/Petitioner requests acceptance for good cause, as follows:

[________________________________]
[________________________________]
[________________________________]

VI. QUESTIONS OF LAW (Required under A.R.S. Section 41-1092.03)

Under A.R.S. Section 41-1092.03, the notice of appeal must include detailed and complete information regarding all questions of law that are the basis for the appeal:

1. [________________________________]
   [________________________________]
   [________________________________]

2. [________________________________]
   [________________________________]
   [________________________________]

3. [________________________________]
   [________________________________]
   [________________________________]

VII. GROUNDS FOR CONTESTING THE AGENCY ACTION

Appellant/Petitioner contests the agency action on the following grounds (check all that apply):

☐ The agency's factual findings are not supported by substantial evidence.
Explanation: [________________________________]
[________________________________]

☐ The agency misapplied or misinterpreted the governing statute or regulation.
Cite statute/regulation: [________________________________]
Explanation: [________________________________]
[________________________________]

☐ The agency failed to follow required procedures.
Explanation: [________________________________]
[________________________________]

☐ The agency action is arbitrary, capricious, or an abuse of discretion.
Explanation: [________________________________]
[________________________________]

☐ The agency exceeded its statutory authority.
Explanation: [________________________________]
[________________________________]

☐ The agency action violates constitutional rights (state or federal).
Explanation: [________________________________]
[________________________________]

☐ The penalty or sanction is excessive or not authorized.
Explanation: [________________________________]
[________________________________]

☐ Other grounds:
[________________________________]
[________________________________]

VIII. SPECIFIC RELIEF REQUESTED

Appellant/Petitioner requests the following relief:

☐ Reversal of the agency action
☐ Modification of the agency action as follows: [________________________________]
☐ Issuance of the license/permit/benefit that was denied
☐ Reinstatement of the license/permit that was revoked or suspended
☐ Reduction or elimination of the civil penalty
☐ Rescission of the enforcement order
☐ Remand for further agency consideration
☐ Other relief: [________________________________]

IX. REQUEST FOR INFORMAL SETTLEMENT CONFERENCE

Under A.R.S. Section 41-1092.06, a party to a contested case or appealable agency action has the right to request an informal settlement conference.

☐ Appellant/Petitioner requests an informal settlement conference before the hearing.
☐ Appellant/Petitioner does not request an informal settlement conference at this time but reserves the right to do so.

Note: The informal settlement conference is an opportunity to resolve the dispute without a formal hearing. It does not waive your right to a hearing if settlement is not reached.

X. REQUEST FOR DISCOVERY

☐ Appellant/Petitioner requests discovery in this matter, including:
☐ Production of all documents and records relied upon by the agency
☐ Identification of witnesses the agency intends to call at hearing
☐ Copies of all investigative reports and analyses
☐ Copies of expert reports
☐ Depositions of agency personnel
☐ Interrogatories
☐ Subpoenas duces tecum
☐ Other: [________________________________]

XI. REQUEST FOR STAY OF AGENCY ACTION

☐ Appellant/Petitioner requests a stay of the agency action pending the outcome of this appeal/hearing.

Grounds for Stay:

1. Likelihood of success on the merits:
   [________________________________]
   [________________________________]

2. Irreparable harm absent a stay:
   [________________________________]
   [________________________________]

3. The stay will not substantially harm other parties or the public:
   [________________________________]
   [________________________________]

4. The stay is in the public interest:
   [________________________________]
   [________________________________]

XII. HEARING PREFERENCES

Preferred hearing format:
☐ In-person hearing
☐ Telephonic hearing
☐ Video conference hearing
☐ No preference

Preferred hearing location:
☐ Phoenix (OAH headquarters)
☐ Tucson
☐ Flagstaff
☐ Other: [________________________________]

Estimated length of hearing: [____] hours / [____] days

Number of witnesses Appellant/Petitioner expects to call: [____]

Dates of unavailability in the next 90 days:
[________________________________]

Special accommodations needed:
☐ Interpreter (language: [________________________________])
☐ ADA accommodations: [________________________________]
☐ Other: [________________________________]

XIII. SIGNATURE AND VERIFICATION

I declare under penalty of perjury that the information provided in this notice of appeal/request for hearing is true and correct to the best of my knowledge and belief.

Signature: ______________________________

Printed Name: [________________________________]

Date: [__/__/____]

Attorney Signature (if applicable): ______________________________

Attorney Printed Name: [________________________________]

Arizona State Bar No.: [____]

Date: [__/__/____]

SECTION 5: FILING INSTRUCTIONS AND CHECKLIST

5.1 Where to File

IMPORTANT: Under A.R.S. Section 41-1092.03, the notice of appeal or request for hearing is filed with the agency -- not directly with OAH. The agency then notifies OAH, and OAH schedules the hearing.

File your notice of appeal/request for hearing with:

Agency Name: [________________________________]
Filing Address: [________________________________]
Filing Email (if available): [________________________________]

5.2 Filing Checklist

Complete this checklist before submitting:

☐ Notice of appeal/request for hearing form completed in full and signed
☐ Questions of law section completed with detailed information (required by statute)
☐ Copy of agency notice/decision being appealed attached
☐ All referenced documents attached as exhibits
☐ Filed within 30 days of receipt of agency notice (A.R.S. Section 41-1092.03(B))
☐ Filed with the correct agency (not OAH):

• Agency Name: [________________________________]
• Agency Address: [________________________________]
• Filed by: ☐ Personal delivery ☐ Certified mail ☐ Regular mail ☐ Email ☐ Fax
  ☐ Copy retained for personal records
  ☐ Calendar the following key dates:
  ☐ 30-day appeal deadline: [__/__/____]
  ☐ OAH hearing date (when scheduled)
  ☐ Prehearing conference (when scheduled)
  ☐ Informal settlement conference date (if requested)
  ☐ Discovery deadlines
  ☐ Exhibit and witness exchange deadlines
  ☐ Rehearing/review deadline (30 days after decision per A.R.S. Section 41-1092.09)
  ☐ Judicial review deadline (35 days after final decision per A.R.S. Section 12-904)
  ☐ Confirmed whether the agency has its own required appeal form
  ☐ Checked OAH website for any additional filing requirements: https://azoah.com/

OAH Contact Information:
Arizona Office of Administrative Hearings
1400 West Washington, Suite 101
Phoenix, AZ 85007
Phone: (602) 542-9826
Website: https://azoah.com/

SECTION 6: WHAT HAPPENS AFTER FILING

6.1 Agency Notification to OAH

After you file the notice of appeal or request for hearing with the agency, the agency notifies OAH. OAH then assigns an ALJ and schedules the hearing.

6.2 Informal Settlement Conference (A.R.S. Section 41-1092.06)

If requested, an informal settlement conference will be scheduled before the hearing. Key points:

• The conference is an opportunity to resolve the dispute without a formal hearing
• The conference is conducted by the agency (not the ALJ)
• Attending the conference does not waive your right to a hearing
• Any settlement must be in writing and signed by the parties
• If no settlement is reached, the matter proceeds to hearing before OAH

6.3 Assignment to ALJ

OAH assigns an ALJ with expertise in the subject matter. Under A.R.S. Section 41-1092.01, ALJs are assigned based on their special expertise in the subject matter of the agency.

6.4 Prehearing Conference

The ALJ may schedule a prehearing conference to:

• Identify and narrow the issues
• Establish a discovery schedule
• Set deadlines for witness and exhibit exchanges
• Rule on prehearing motions
• Discuss settlement possibilities
• Schedule the hearing date and location

6.5 Discovery

Parties may engage in discovery as permitted by the ALJ, including document requests, interrogatories, depositions, and subpoenas.

6.6 The Hearing

Under A.R.S. Section 41-1092.07:

• The hearing is conducted by the OAH ALJ
• Parties have the right to be represented by counsel or proceed pro se
• Parties may submit evidence and cross-examine witnesses
• The hearing is recorded
• The ALJ manages the hearing process and rules on evidence and procedural issues

6.7 ALJ Decision

Under A.R.S. Section 41-1092.08:

• The ALJ must issue a written decision within 20 days after the hearing is concluded
• The decision must contain a concise explanation of the reasons, including findings of fact and conclusions of law
• The ALJ's decision is not the final decision -- it goes to the agency head

6.8 Agency Head Review

Under A.R.S. Section 41-1092.08:

• The agency head reviews the ALJ's decision
• The agency head may accept, reject, or modify the ALJ's decision
• If the agency head modifies or rejects the ALJ's decision, the agency head must specify the reasons and identify the evidence in the record supporting the decision
• The agency head's decision is the final administrative decision

6.9 Motion for Rehearing or Review

Under A.R.S. Section 41-1092.09:

• A party may file a motion for rehearing or review within 30 days after service of the final administrative decision
• The motion must specify the grounds and cite applicable law
• The agency head must rule on the motion within 15 days (or it is deemed denied)

6.10 Judicial Review

Under A.R.S. Section 41-1092.11 and A.R.S. Section 12-904:

• A party may seek judicial review in the superior court within 35 days after service of the final administrative decision (or after the rehearing decision)
• Review is on the administrative record
• The court may affirm, reverse, modify, or remand the agency decision
• Standard of review depends on the type of issue (questions of law reviewed de novo; factual findings reviewed for substantial evidence)

SECTION 7: HEARING PREPARATION CHECKLIST

30 Days Before Hearing

☐ Obtain and review the complete agency file and administrative record
☐ Review the ALJ's prehearing order for deadlines and requirements
☐ Identify all witnesses and prepare a comprehensive witness list
☐ Prepare subpoena requests for witnesses who may not attend voluntarily
☐ Request subpoenas duces tecum for documents held by third parties
☐ Organize all exhibits and prepare a numbered and labeled exhibit list
☐ Exchange witness lists and exhibits with opposing party per ALJ's order
☐ Complete all outstanding discovery
☐ File any prehearing motions (motions in limine, motions to compel, motions for summary judgment)
☐ Research applicable Arizona statutes, regulations, OAH rules, and case law
☐ Prepare a prehearing memorandum or brief (if required by ALJ)
☐ Identify and retain expert witnesses (if needed)

14 Days Before Hearing

☐ Confirm hearing date, time, location, and format with OAH
☐ Prepare witnesses for direct testimony and cross-examination
☐ Prepare an outline for opening statement
☐ Prepare direct examination questions for each witness
☐ Prepare cross-examination questions for opposing witnesses
☐ Organize exhibits in labeled hearing binders (original plus copies for ALJ and opposing party)
☐ Review the joint prehearing statement (if required by ALJ)
☐ Confirm any audio/visual or technology needs with OAH

7 Days Before Hearing

☐ File final witness and exhibit lists per ALJ's order
☐ Confirm all witness attendance
☐ Prepare closing argument outline
☐ Review all prehearing orders and ensure full compliance
☐ Arrange travel and accommodations if hearing is outside your area
☐ Prepare a chronology of key events for reference during hearing
☐ File any last-minute motions

Day of Hearing

☐ Arrive at least 30 minutes early to the OAH hearing location
☐ Check in with the ALJ's clerk or assistant
☐ Bring all original exhibits and sufficient copies for ALJ and opposing party
☐ Bring copies of relevant statutes, regulations, and OAH rules
☐ Bring notepad and pen for notes during testimony
☐ Ensure all witnesses are present and ready to testify
☐ Dress professionally

SECTION 8: RIGHTS DURING THE HEARING

Under Arizona law, you have the following rights in a contested case or appealable agency action hearing:

8.1 Right to Counsel

Under A.R.S. Section 41-1092.07(A), the parties to a contested case or appealable agency action have the right to be represented by counsel or to proceed without counsel.

8.2 Right to Present Evidence

You have the right to submit evidence, including documentary evidence, physical evidence, and witness testimony. This includes the right to present expert testimony.

8.3 Right to Cross-Examine Witnesses

Under A.R.S. Section 41-1092.07(A), parties have the right to cross-examine witnesses presented by the opposing party.

8.4 Right to an Informal Settlement Conference

Under A.R.S. Section 41-1092.06, you have the right to request an informal settlement conference. This right is in addition to -- not a substitute for -- the right to a formal hearing.

8.5 Right to Subpoena Witnesses and Documents

You may request the ALJ to issue subpoenas for the attendance of witnesses and for the production of documents and records.

8.6 Right to a Record

The hearing must be recorded. The record forms the basis for the ALJ's decision and for any subsequent judicial review.

8.7 Right to an Impartial Decision-Maker

OAH ALJs are independent of the agency and must be impartial. The ALJ is assigned based on subject-matter expertise, not by the agency that is a party to the case.

8.8 Right to a Written Decision

Under A.R.S. Section 41-1092.08, you are entitled to a written decision within 20 days after the hearing concludes, containing findings of fact, conclusions of law, and a concise explanation of the reasons supporting the decision.

8.9 Right to Agency Head Review

The ALJ's decision is reviewed by the agency head, who makes the final administrative decision. If the agency head modifies or rejects the ALJ's findings, the agency head must explain the reasons and identify supporting evidence in the record.

8.10 Right to Rehearing and Judicial Review

You have the right to file a motion for rehearing or review within 30 days (Section 41-1092.09) and to seek judicial review in superior court within 35 days of the final decision (Section 12-904).

SECTION 9: PROOF OF SERVICE

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing Notice of Appeal / Request for Hearing and all attached documents upon the following party(ies) by the method indicated:

Party Served:

Name: [________________________________]
Title: [________________________________]
Agency: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]

Method of Service:
☐ Personal delivery
☐ Certified mail, return receipt requested (receipt no.: [________________________________])
☐ United States Mail, first class, postage prepaid
☐ Email to: [________________________________]
☐ Facsimile to: [________________________________]

Additional Party Served (if applicable):

Name: [________________________________]
Title/Firm: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]

Method of Service:
☐ Personal delivery
☐ Certified mail, return receipt requested (receipt no.: [________________________________])
☐ United States Mail, first class, postage prepaid
☐ Email to: [________________________________]
☐ Facsimile to: [________________________________]

Signature: ______________________________

Printed Name: [________________________________]

Date: [__/__/____]

SECTION 10: PRACTICE NOTES AND TIPS

10.1 File with the Agency, Not OAH

A common mistake is filing the notice of appeal directly with OAH. Under A.R.S. Section 41-1092.03(B), the notice of appeal or request for hearing must be filed with the agency. The agency then notifies OAH.

10.2 Include Detailed Questions of Law

A.R.S. Section 41-1092.03 requires the notice of appeal to include "detailed and complete information regarding all questions of law" that are the basis for the appeal. Vague or incomplete statements may be insufficient. Be specific about which statutes, regulations, or legal principles the agency violated.

10.3 Good Cause for Late Filing

If you missed the 30-day deadline, the agency head has discretion to accept a late filing for "good cause." Document the reasons for the delay (illness, non-receipt of notice, reliance on agency staff, etc.) and submit a detailed explanation with your late filing.

10.4 Request an Informal Settlement Conference

The informal settlement conference under A.R.S. Section 41-1092.06 is often underutilized. It provides an opportunity to resolve the case without the expense and uncertainty of a formal hearing. Consider requesting one even if you plan to proceed to hearing.

10.5 The 20-Day Decision Deadline

The ALJ must issue a written decision within 20 days after the hearing concludes. This is one of the faster decision timelines among the states. Be prepared for a relatively quick resolution after the hearing.

10.6 Agency Head Review Is Critical

The ALJ's decision is not final. The agency head reviews the decision and may accept, modify, or reject it. If the agency head modifies or rejects the ALJ's decision, the agency head must specify reasons and identify record evidence supporting the alternative decision. This is a unique feature of Arizona's system.

10.7 Burden of Proof

In most cases, the party initiating the action bears the burden of proof. The agency bears the burden in enforcement and disciplinary cases; the applicant bears the burden in application cases. The standard is generally preponderance of the evidence.

10.8 Evidence Rules

OAH hearings follow relaxed evidence rules. Hearsay may be admitted but cannot form the sole basis for a finding of fact. The ALJ has discretion to admit or exclude evidence.

10.9 The 35-Day Judicial Review Window

After the final administrative decision (or after the rehearing decision), you have 35 days to file for judicial review in superior court under A.R.S. Section 12-904. This is shorter than the 30-day window in many other states. Do not miss this deadline.

10.10 Preserving Issues for Review

Raise all issues during the administrative proceeding. Issues not raised before the ALJ or agency head are generally waived on judicial review.

SECTION 11: KEY CONTACTS AND RESOURCES

This template is provided for informational purposes only and does not constitute legal advice. Arizona administrative hearing procedures are governed by A.R.S. Section 41-1092 et seq. and may be supplemented by agency-specific rules. You must have this template reviewed and customized by a qualified attorney licensed in Arizona before use. The 30-day filing deadline under A.R.S. Section 41-1092.03(B) is strictly enforced.