Petition for Reconsideration (Administrative Agency)

MOTION FOR REHEARING OR REVIEW (PETITION FOR RECONSIDERATION)

State of Arizona — Arizona Administrative Procedure Act (A.R.S. § 41-1092.09)

CRITICAL DEADLINE NOTICE — READ BEFORE FILING

Under A.R.S. § 41-1092.09, a party to an appealable agency action or contested case with a self-supporting regulatory board must file a motion for rehearing or review within 30 days after service of the administrative decision in order to exhaust administrative remedies and be eligible for judicial review.

Exhaustion requirement: Under A.R.S. § 41-1092.09(B), a party to an appealable agency action or contested case with a self-supporting regulatory board must exhaust administrative remedies by filing a timely motion for rehearing or review before seeking judicial review in the superior court; failing to do so prohibits judicial review of that board's decision. For most other agencies, § 41-1092.09(A)(3) provides that a party is not required to file a motion for rehearing or review to exhaust administrative remedies once a final administrative decision has been entered under § 41-1092.08 — always confirm whether the specific agency involved is a self-supporting regulatory board and check that agency's own governing statute/rule, since agency-specific requirements can differ from this general rule.

Response and agency ruling: The opposing party has 15 days after the motion is filed to respond. The agency head, executive director, board, or commission must then rule on the motion within 15 days after the response is filed (or, if no response is filed, within 5 days after the response period expires). A self-supporting regulatory board must rule within 15 days after the response is filed or at the board's next meeting after the motion is received, whichever is later.

Service is not always same-day: Under A.R.S. § 41-1092.09(C), service of the administrative decision is complete on personal service, or 5 days after the decision is mailed to the party's last known address — not on the mailing date itself. Calculate the 30-day deadline from the date service is legally complete, not the date printed on the decision.

Judicial review: Under A.R.S. § 12-904, judicial review of a final agency decision must be sought by filing a notice of appeal in the superior court within 35 days after service of the final administrative decision is complete (see the service rule above).

Arizona Office of Administrative Hearings (OAH): Many Arizona agency contested cases are heard initially by OAH ALJs under A.R.S. § 41-1092.03. After an OAH decision, the agency issues the final administrative decision. The motion for rehearing or review is directed to the agency — not to OAH.

ABOUT THIS DOCUMENT

This Motion for Rehearing or Review (equivalent to a Petition for Reconsideration) is a formal request to an Arizona administrative agency to reconsider its final administrative decision. This motion is directed to the agency head or agency decision-maker — not to the Office of Administrative Hearings — and must be filed within 30 days of service of the administrative decision.

Common agencies where this motion is used:

• Arizona Department of Health Services (professional licensing, facility licensing)
• Arizona Medical Board
• Arizona Board of Pharmacy
• Arizona Registrar of Contractors
• Arizona Department of Environmental Quality (ADEQ)
• Arizona Department of Revenue (tax matters)
• Arizona Department of Economic Security (AES) — unemployment, benefits
• Arizona Corporation Commission (utilities, securities)
• Arizona Department of Insurance and Financial Institutions
• Arizona State Board of Education (educator certification)
• Arizona Department of Real Estate
• Arizona Department of Liquor Licenses and Control
• Arizona State Board of Nursing and other professional licensing boards

GROUNDS FOR REHEARING OR REVIEW CHECKLIST

(A.R.S. § 41-1092.09 — typical grounds recognized under Arizona administrative law)

Check all grounds that apply:

☐ Error of Law — The agency incorrectly applied or interpreted a statute, regulation, or controlling legal standard

☐ Findings of Fact Not Supported by Substantial Evidence — The agency's factual findings are not supported by the evidence in the record

☐ Newly Discovered Evidence — Material evidence has been discovered that was not available at the time of the hearing and could not have been discovered with reasonable diligence prior to the hearing

☐ Irregularity in the Proceedings — An irregularity occurred that prevented a fair hearing or prejudiced the moving party

☐ Error in the Admission or Rejection of Evidence — The agency improperly admitted or excluded material evidence, affecting the outcome

☐ Accident or Surprise — An accident or surprise occurred at the hearing that could not have been prevented by ordinary prudence

☐ Agency Exceeded Its Statutory Authority — The agency acted beyond the scope of its powers under Arizona law

☐ Decision Is Arbitrary, Capricious, or an Abuse of Discretion — The agency's decision lacks a rational basis or is disproportionate to the violation

☐ Excessive or Insufficient Penalty — The penalty imposed is disproportionate and unsupported by the record or agency precedent

☐ Constitutional Violation — The decision or underlying rule violates the Arizona or United States Constitution

☐ Due Process Violation — Petitioner was denied adequate notice, opportunity to be heard, or other procedural rights

☐ Other: [________________________________]

MOTION FOR REHEARING OR REVIEW

BEFORE THE [________________________________]
STATE OF ARIZONA

In the Matter of:

[________________________________]
[________________________________]
(Petitioner / Respondent in Underlying Proceeding)

Agency Case/Docket No.: [________________________________]

OAH Case No. (if applicable): [________________________________]

Administrative Decision No.: [________________________________]

Date of Administrative Decision: [__/__/____]

MOTION FOR REHEARING OR REVIEW PURSUANT TO A.R.S. § 41-1092.09

SECTION 1 — IDENTIFICATION OF PARTIES

1.1 Moving Party (Petitioner):

Full Legal Name: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________], AZ [____]
Telephone: ([____]) [____]-[____]
Email: [________________________________]
License/Registration No. (if applicable): [________________________________]
Arizona Business Entity Type (if applicable): [________________________________]

1.2 Moving Party's Legal Counsel:

Attorney Name: [________________________________]
Arizona State Bar No.: [________________________________]
Firm Name: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________], AZ [____]
Telephone: ([____]) [____]-[____]
Email: [________________________________]

1.3 Respondent Agency:

Agency Name: [________________________________]
Division/Program (if applicable): [________________________________]
Agency Head/Director: [________________________________]
Clerk/Contact: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________], AZ [____]

1.4 Other Parties of Record:

Name: [________________________________] Role: [________________________________]
Address: [________________________________]

Name: [________________________________] Role: [________________________________]
Address: [________________________________]

SECTION 2 — JURISDICTION AND TIMELINESS

2.1 Statutory Basis:

This Motion for Rehearing or Review is filed pursuant to A.R.S. § 41-1092.09 of the Arizona Administrative Procedure Act. Moving Party is a party to the above-captioned contested case and moves for rehearing or review of the Administrative Decision on the grounds set forth herein.

2.2 Timeliness — Deadline Calculation:

The Administrative Decision was served on Moving Party on: [__/__/____]

The 30-day filing deadline under A.R.S. § 41-1092.09 expires on: [__/__/____]

This Motion is filed on: [__/__/____]

☐ This Motion is timely filed within the 30-day deadline.

2.3 Exhaustion of Administrative Remedies:

☐ Moving Party is a party to an appealable agency action or contested case with a self-supporting regulatory board, and filing this Motion is required to exhaust administrative remedies under A.R.S. § 41-1092.09(B) as a prerequisite to seeking judicial review in superior court under A.R.S. § 12-904.

☐ For other agencies, under A.R.S. § 41-1092.09(A)(3), filing this Motion is not required to exhaust administrative remedies after a final administrative decision has been entered under § 41-1092.08; Moving Party may proceed directly to judicial review under A.R.S. § 12-904, subject to any agency-specific statute or rule to the contrary. (Verify which rule applies to the specific agency involved before relying on this section.)

2.4 Agency Authority:

The [________________________________] has jurisdiction over this matter pursuant to:

Governing statute: [________________________________]
Arizona Administrative Code rule: [________________________________]

2.5 Effect on Judicial Review Deadline:

Following the agency's decision on this Motion, or upon deemed denial, Moving Party must seek judicial review in superior court within 35 days under A.R.S. § 12-904. Moving Party will monitor this deadline and file promptly if reconsideration is denied.

SECTION 3 — DESCRIPTION OF CHALLENGED DECISION

3.1 Identification of Administrative Decision:

Title of Decision: [________________________________]
Decision Number: [________________________________]
Date Issued: [__/__/____]
Date Served on Moving Party: [__/__/____]

OAH ALJ who issued proposed decision (if applicable): [________________________________]
Date of OAH proposed decision: [__/__/____]
Agency official who issued final administrative decision: [________________________________]

3.2 Nature of the Action:

☐ Professional license denial, suspension, revocation, or non-renewal
☐ Civil penalty or fine
☐ Environmental permit denial or enforcement order (ADEQ)
☐ Tax assessment or penalty (Department of Revenue)
☐ Unemployment insurance determination (DES)
☐ Contractor registration or licensing action (Registrar of Contractors)
☐ Utility rate or service order (Corporation Commission)
☐ Insurance regulatory action (DIFI)
☐ Securities regulatory action (Corporation Commission)
☐ Real estate licensing action
☐ Liquor licensing action
☐ Other: [________________________________]

3.3 Summary of the Challenged Decision:

[Describe the specific findings, conclusions, and orders being challenged. Include what the agency found, what it ordered or denied, and identify the specific pages or paragraphs of the Administrative Decision at issue. Be precise and detailed.]

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

SECTION 4 — PROCEDURAL HISTORY

4.1 Initiation of Proceeding:

Date proceeding was initiated: [__/__/____]
Initiating party: [________________________________]
Nature of initial action: [________________________________]

4.2 OAH Hearing (if applicable):

Case referred to OAH: [__/__/____]
OAH ALJ assigned: [________________________________]
Hearing date(s): [__/__/____] through [__/__/____]
Location: [________________________________]

OAH proposed decision issued: [__/__/____]

4.3 Agency Final Administrative Decision:

Date agency issued final administrative decision: [__/__/____]
Agency decision-maker: [________________________________]
Did agency modify OAH proposed decision: ☐ Yes ☐ No

If yes, describe modification: [________________________________]

4.4 Witnesses Who Testified:

Witnesses for Moving Party:

1. [________________________________] Topic: [________________________________]
2. [________________________________] Topic: [________________________________]

Witnesses for Agency:

1. [________________________________] Topic: [________________________________]
2. [________________________________] Topic: [________________________________]

4.5 Key Documentary Evidence:

• [________________________________]
• [________________________________]
• [________________________________]

SECTION 5 — STATEMENT OF FACTS

5.1 Background Facts:

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

5.2 Facts the Agency Found and Whether Moving Party Disputes Them:

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

5.3 Facts Supporting Ground 1 ([________________________________]):

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

5.4 Facts Supporting Ground 2 ([________________________________]):

[________________________________]
[________________________________]
[________________________________]

5.5 Newly Discovered Evidence (if applicable):

Description: [________________________________]
Date discovered: [__/__/____]
Why not available at hearing despite reasonable diligence: [________________________________]
Materiality to outcome: [________________________________]

SECTION 6 — GROUNDS FOR REHEARING OR REVIEW AND LEGAL ARGUMENT

Ground 1: [________________________________]

Specific Error in the Administrative Decision:

[Identify the specific finding of fact, conclusion of law, or portion of the decision that is erroneous. Cite page and paragraph numbers.]

[________________________________]
[________________________________]
[________________________________]

Legal Standard:

[State the applicable standard, e.g., "Under A.R.S. § 41-1092._____, the agency must _____. Arizona courts review questions of law de novo and findings of fact for substantial evidence."]

[________________________________]
[________________________________]

Argument:

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

Supporting Authorities:

• Statute (A.R.S.): [________________________________]
• Arizona Administrative Code (A.A.C.): [________________________________]
• Case Law: [________________________________]
• Agency Precedent: [________________________________]

Ground 2: [________________________________]

Specific Error:

[________________________________]
[________________________________]

Legal Standard:

[________________________________]

Argument:

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

Supporting Authorities:

• [________________________________]
• [________________________________]
• [________________________________]

Ground 3 (if applicable): [________________________________]

Specific Error:

[________________________________]

Argument:

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

Supporting Authorities:

• [________________________________]
• [________________________________]

SECTION 7 — RELIEF REQUESTED

Moving Party respectfully requests that the Agency:

☐ Vacate the Administrative Decision and dismiss the proceeding

☐ Modify the Administrative Decision as follows: [________________________________]

☐ Remand to OAH for a new or supplemental hearing on: [________________________________]

☐ Remand for additional findings of fact or conclusions of law on: [________________________________]

☐ Reduce the penalty from [________________________________] to [________________________________]

☐ Reinstate or grant the license, permit, or registration at issue

☐ Stay enforcement of the Administrative Decision pending resolution of this Motion and any subsequent judicial review

☐ Other: [________________________________]

SECTION 8 — EXHIBITS

SECTION 9 — VERIFICATION

I, [________________________________], declare under penalty of perjury under the laws of the State of Arizona that I have read the foregoing Motion for Rehearing or Review and that the facts set forth herein are true and correct to the best of my knowledge and belief.

Executed on [__/__/____] at [________________________________], Arizona.

Signature: _________________________________
Printed Name: [________________________________]
Title/Capacity: [________________________________]

SECTION 10 — SIGNATURE BLOCK

Respectfully submitted,

_________________________________
[________________________________] (Attorney Name)
Arizona State Bar No.: [________________________________]
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________], AZ [____]
Telephone: ([____]) [____]-[____]
Email: [________________________________]

Counsel for Moving Party [________________________________]

Date: [__/__/____]

SECTION 11 — CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a copy of the foregoing Motion for Rehearing or Review upon the following parties by the method(s) indicated:

Agency Clerk / Docket Officer:
[________________________________] — [________________________________], AZ [____]
☐ Personal delivery ☐ U.S. Mail ☐ Certified Mail (No.: [________________________________]) ☐ Email: [________________________________] ☐ Agency e-filing system

Opposing Counsel or Party:
[________________________________] — [________________________________]
☐ Personal delivery ☐ U.S. Mail ☐ Certified Mail ☐ Email: [________________________________]

Other Party of Record:
[________________________________] — [________________________________]
☐ Personal delivery ☐ U.S. Mail ☐ Certified Mail ☐ Email: [________________________________]

_________________________________
Signature
Printed Name: [________________________________]
Date: [__/__/____]

SECTION 12 — NEXT STEPS AND JUDICIAL REVIEW

12.1 Agency Response to This Motion:

After receipt of this Motion, the opposing party has 15 days after the motion is filed to respond. Under A.R.S. § 41-1092.09(D), the agency head, executive director, board, or commission must then rule on the motion within 15 days after the response is filed, or, if no response is filed, within 5 days after the response period expires (a self-supporting regulatory board must rule within 15 days after the response is filed or at the board's next meeting after the motion is received, whichever is later). The agency may grant a new hearing, modify the decision, or deny the motion.

12.2 If Motion Is Denied — Judicial Review in Superior Court:

Under A.R.S. § 12-904, Moving Party may seek judicial review by filing a notice of appeal in the Arizona Superior Court within 35 days after service of the final administrative decision is complete (personal service, or 5 days after mailing). Key considerations:

• Venue: Under A.R.S. § 12-905, if the statute authorizing the decision does not specify venue, the notice of appeal may be filed in the superior court of any county where (a) any part of the hearing or proceeding resulting in the decision was held, (b) any part of the subject matter involved is situated, or (c) any part of the transaction giving rise to the proceedings occurred. Confirm whether a governing statute specifies a different venue, and check the specific agency's practice (many OAH-adjudicated matters are in practice heard in the Maricopa County Superior Court Appeals Department).
• Standard of review: Under A.R.S. § 12-910(F), the court shall affirm the agency action unless it is contrary to law, not supported by substantial evidence, arbitrary and capricious, or an abuse of discretion. In proceedings brought by or against a "regulated party," the court decides all questions of law and fact independently, without deference to the agency's prior determination (2018 and 2021 amendments; confirmed by the Arizona Supreme Court in Simms v. Simms). Some agency categories are subject to a trial de novo instead — verify which standard applies to the specific agency.
• Filing a motion for rehearing or review under A.R.S. § 41-1092.09 is required to exhaust administrative remedies and be eligible for judicial review only for appealable agency actions or contested cases with a self-supporting regulatory board (§ 41-1092.09(B)); for other agencies it is generally not a prerequisite (§ 41-1092.09(A)(3)), subject to agency-specific rules.

12.3 Self-Supporting Regulatory Boards:

For cases involving Arizona's self-supporting regulatory boards (e.g., medical board, nursing board, pharmacy board), the procedure for motion for rehearing or review follows the same A.R.S. § 41-1092.09 framework. Confirm board-specific rules for any additional requirements.

12.4 Stay of Decision:

Filing this motion does not automatically stay the Administrative Decision. A separate stay request must be directed to the agency or, after judicial review is initiated, to the superior court.

This template was prepared for use in Arizona administrative proceedings under A.R.S. § 41-1001 et seq. It must be reviewed and customized by a qualified attorney licensed in Arizona before use. The 30-day filing deadline is statutory and strictly enforced.