An Act correcting error in statute concerning administrative hearings

Senate Bill 124 AN ACT

RELATING TO STATE GOVERNMENT; CORRECTING ERR­ OR IN STATUTE CONCERNING ADMINISTRATIVE HEAR­ INGS, AND AMENDING SECTION 41-1010, ARIZONA RE­ VISED STATUTES.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 41-1010, Arizona Revised Statutes, is amended to read:

41-1010. HEARINGS; EVIDENCE; OFFICIAL NOTICE; POWER TO REQUIRE TESTIMONY AND RECORDS

Unless otherwise provided by law, in contested cases the following shall apply:

1. A hearing may be conducted in an informal manner and without adherence to the rules of evidence required in judicial pro­ ceedings. Neither the manner of conducting the hearing nor the failure to adhere to the rules of evidence required in judicial pro­ ceedings shall be grounds for reversing any ADMINISTRA­ TIVE decision or order providing the evidence supporting such de­ cision or order is substantial, reliable, and probative. Irrelevant, immaterial or unduly repetitious evidence shall be excluded. Every person who is a party to such proceedings shall have the right to be represented by counsel, to submit evidence in open hearing and shall have the right of crossexamination. Unless otherwise provided by law, hearings may be held at any place determined by the agency.
2. Copies of documentary evidence may be received in the discretion of the presiding officer. Upon request, parties shall be given an opportunity to compare the copy with the original.
3. Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the agency's specialized knowledge. Parties shall be notified either before or during the hearing or by reference in pre­ liminary reports or otherwise of the material noticed including anyCH-46LAWS OF ARIZONA 75staff memoranda or data and they shall be afforded an opportunity to contest the material so noticed. The agency's experience, technical competence and specialized knowledge may be utilized in the evalua­ tion of the evidence.
4. The officer presiding at the hearing may cause to be issued subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence and shall have the power to administer oaths. Unless otherwise provided by law or agency rule, subpoenas so issued shall be served and, upon applica­ tion to the court by a party or the agency, enforced in the manner provided by law for the service and enforcement of subpoenas in a civil action. On application of a party or the agency and for use as evidence, the officer presiding at the hearing may permit a deposition to be taken, in the manner and upon the terms designated by him, of a witness who cannot be subpoenaed or is unable to attend the hearing. All provisions of law compelling a person under subpoena to testify are applicable. Fees for attendance as a witness shall be the same as for a witness in the superior courts of the state of Arizona, unless otherwise provided by law or agency rule.

Sec. 2. EMERGENCY

To preserve the public peace, health and safety it is necessary that this act become immediately operative. It is therefore declared to be an emergency measure, to take effect as provided by law.

Approved by the Governor-April 9, 1971