ADRE LAW BOOK 2025

mission has determined that the licensee poses a threat of grave harm or danger to the public or has acted with complete disregard for the well-being of the public in engaging or in being allowed to engage in the licensee’s regulated business activity, for any appealable agency action or contested case involving a licensing decision, the licensee may accept the decision not more than ten days after receiving the administrative law judge’s written decision. If the licensee accepts the adminis trative law judge’s written decision, the decision shall be certified as the final decision by the office. If the licensee does not accept the administrative law judge’s written decision as the final decision in the matter, the head of the agency, executive director, board or commission may review the de cision and accept, reject or modify the decision. If the head of the agency, executive director, board or commission intends to reject or modify the decision, the parties shall meet and confer, within thirty days after receiving the administrative law judge’s decision pursuant to subsection A of this section, concerning the agency’s proposed modifications to the findings of fact and conclusions of law. Within twenty days after conferring, the head of the agency, executive director, board or com mission shall file its final decision in accordance with subsection B of this section. This subsection does not apply to any appealable agency actions of the department of water resources pursuant to title 45. J. This section does not apply to the Arizona peace officer standards and training board established by section 41-1821. 41-1092.09. Rehearing or review A. Except as provided in subsection B of this section: 1. A party may file a motion for rehearing or review within thirty days after service of the final administrative decision. 2. The opposing party may file a response to the motion for rehearing within fifteen days after the date the motion for rehearing is filed. 3. After a hearing has been held and a final administrative decision has been entered pursu ant to section 41-1092.08, a party is not required to file a motion for rehearing or review of the decision in order to exhaust the party’s administrative remedies. B. A party to an appealable agency action of or contested case with a self-supporting regulatory board shall exhaust the party’s administrative remedies by filing a motion for rehearing or review within thirty days after the service of the administrative decision that is subject to rehearing or review in order to be eligible for judicial review pursuant to title 12, chapter 7, article 6. The board shall notify the parties in the administrative decision that is subject to rehearing or review that a failure to file a motion for rehearing or review within thirty days after service of the decision has the effect of prohibiting the parties from seeking judicial review of the board’s decision. C. Service is complete on personal service or five days after the date that the final administrative decision is mailed to the party’s last known address. D. Except as provided in this subsection, the agency head, executive director, board or commission shall rule on the motion within fifteen days after the response to the motion is filed or, if a response is not filed, within five days of the expiration of the response period. A self-supporting regulatory board shall rule on the motion within fifteen days after the response to the motion is filed or at the board’s next meeting after the motion is received, whichever is later. 41-1092.10. Compulsory testimony; privilege against self-incrimination A. A person may not refuse to attend and testify or produce evidence sought by an agency in an

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