Links to Agency Websites
Model Forms (e.g. Subpoenas; Notice of Appearance; Notice of Action in Judicial Appeals)
Web Based Electronic Records
Complaints Regarding an Administrative Law Judge
The task of the Office of Administrative Hearings (“OAH”), as its Mission Statement reflects, is to fairly and impartially hear matters coming before it. Fairness and impartiality are as much matters of perception as they are of substance. Therefore, a complaint involving an Administrative Law Judge (“ALJ”), whether well-founded or not, provides important information about how its process is perceived, how it can be improved, and, if necessary, whether remedial action is necessary in the best interests of the parties and the public.
Complaints may be made separately from, or conjunction with a motion for change of Administrative Law Judge or a motion for rehearing.
Motion for Change of Administrative Law Judge
Motions for Rehearing
Motions for rehearing are made subsequent to the issuance of a final administrative decision. A party wishing to file such a motion should review A.R.S. § 41-1092-09. OAH has also published a practice pointer to assist parties. Such motions are generally made to the agency, board, or commission, and not the OAH.
Complaints (not made in conjunction with a motion for change of Administrative Law Judge or a motion for rehearing)
All procedures and approaches for dealing with complaints conform to the following parameters, which have proven to balance the needs of all parties, while preserving the integrity of the process:
- Complaints are dealt with as promptly as practicable to foster confidence in the administrative process;
- Like motions for change of Administrative Law Judge, all complaints must be submitted to OAH in writing to ensure that the complaint is properly understood or communicated. Also, oral complaints invite the suspicion of ex parte (secret) communication. Persons wishing to file a complaint may use the motion form by selecting the Director as recipient. They may also fax the complaint to 602-542-9827, e-mail c/o email@example.com or send the complaint by mail to the following address:
- Because statutorily the OAH Director has the responsibility to make proper assignments, the OAH Director will personally review all written complaints. See A.R.S. § 41-1092.01(H)(1)requiring the Director to assign ALJs according to their expertise and A.R.S. § 41-1092.01(C)(8), requiring the Director to develop a system of ALJ Evaluation that includes comment from the public;
- All parties are provided a copy of the complaint if not previously provided one, and they are given an opportunity to comment regardless of whether the person who filed the complaint has requested that the complaint not be divulged to anyone else. This is done as a matter of fairness, and so that all information relevant to the issues being raised in the complaint may be considered;
- No action will be taken without the opportunity for the ALJ to comment on the complaint, even if the person who filed the complaint requests that the complaint not be divulged to the ALJ. This is done as a matter of fairness, and so that all information relevant to the issues being raised in the complaint may be considered;
- To avoid even the appearance of impropriety, the OAH Director will not personally speak with any party or members of the public with respect to a filed complaint;
- For the sake of total transparency, once a complaint is filed, it cannot be withdrawn; and
- Upon concluding the review, the Director will notify the person who filed the complaint and the parties of the outcome of the review and what action, if any, has been, or will be taken.
Office of Administrative Hearings
1400 W. Washington, Suite 101
Phoenix, Arizona 85007