Ariz. Admin. Code § 6-12-1002

Current through Register Vol. 30, No. 21, May 24, 2024

Section R6-12-1002 - Request for Hearing; Form; Time Limits

A. A person who wishes to appeal an adverse action shall file a written request for a fair hearing with a local FAA office, within 20 days of the adverse action notice date.

B. A request for a hearing is deemed filed:

1. On the date it is mailed, if transmittal via the United States Postal Service or its successor. The mailing date is as follows:

a. As shown by the postmark;

b. As shown by the postage meter mark of the envelope in which it is received, if there is no postmark; or

c. The date entered on the document as the date of its completion, if there is no postmark, or no postage meter mark, or if the mark is illegible.

2. On the date actually received by the Department, if not sent through the mail as provided in subsection (B)(1).

C. The submission of any document shall be considered timely if the appellant proves that delay in submission was due to Department error or misinformation, or to delay caused by the U.S. Postal Service or its successor.

D. Any document mailed by the Department shall be considered as having been given to the addressee on the date it is mailed to the addressee's last known address. The date mailed shall be presumed to be the date shown on the document, unless otherwise indicated by the facts. Computation of time shall be made in accordance with Rule 6(a) of the Rules of Civil Procedure.

E. The Office of Appeals shall deny any request that is not timely filed. A party may request an appeal on the timeliness of an appeal.

Ariz. Admin. Code § R6-12-1002

Adopted effective November 9, 1995 (Supp. 95-4).

The following Section was amended under an exemption from the provisions of A.R.S. Title 41, Chapter 6, pursuant to Laws 1997, Ch. 300, § 74 (A). Exemption from A.R.S. Title 41, Chapter 6 means the Department did not submit notice of proposed rulemaking to the Secretary of State for publication in the Arizona Administrative Register; the Department did not submit these rules to the Governor's Regulatory Review Council for review and approval; and the Department was not required to hold public hearings on this Section.