A.R.S. § 32-2199.04

Planned Communities & Condominiums

Rehearing; appeal

Planned Communities & Condominiums · Text verified 2026-07-25

In plain English: Explains how someone unhappy with the administrative law judge's decision can ask for a rehearing. The aggrieved person files a written petition with the commissioner, and within ten days the commissioner notifies the other party by mail. Filing the petition temporarily pauses the judge's decision, and if the rehearing is granted the decision stays paused until the rehearing is decided; the commissioner must state the grounds for granting or denying the request and mail the order to the parties. It also allows a corporation to be represented at the rehearing by a non-lawyer officer or employee under stated conditions.

32-2199.04. Rehearing; appeal

A. A person aggrieved by a decision of the administrative law judge may apply for a rehearing by filing with the commissioner a petition in writing pursuant to section 41-1092.09. Within ten days after filing such petition, the commissioner shall serve notice of the request on the other party by mailing a copy of the petition in the manner prescribed in section 32-2199.01 for notice of hearing.

B. The filing of a petition for rehearing temporarily suspends the operation of the administrative law judge's action. If the petition is granted, the administrative law judge's action is suspended pending the decision on the rehearing.

C. In the order granting or denying a rehearing, the commissioner shall include a statement of the particular grounds and reasons for the commissioner's action on the petition and shall promptly mail a copy of the order to the parties who have appeared in support of or in opposition to the petition for rehearing.

D. In a rehearing conducted pursuant to this section, a corporation may be represented by a corporate officer or employee who is not a member of the state bar if:

1. The corporation has specifically authorized such officer or employee to represent it.

2. Such representation is not the officer's or employee's primary duty to the corporation but is secondary or incidental to such officer's or employee's duties relating to the management or operation of the corporation.

Source: A.R.S. § 32-2199.04 — Arizona State Legislature