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A.R.S. § 23-943

Decision on review

Applied in 6 court decisions — leading case Evertsen v. Industrial Commission (1977)

Most recently applied in Aguirre v. Indus. Comm'n of Ariz. (August 2019)

How often courts cite this section

19761980199020002010201920
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

A. The request for review of an administrative law judge award need only state that the party requests a review of the award. The request may be accompanied by a memorandum of points and authorities, in which event any other interested party shall have fifteen days after the date of filing in which to respond. Failure to respond will not be deemed an admission against interest.

B. The request for review shall be filed with the administrative law judge division and copies of the request shall be served on all other parties to the proceeding.

C. If review has been requested, the record of such oral proceedings at the hearings before the administrative law judge for purposes of the review shall be transcribed at the expense of the commission.

D. Notice of the review shall be served on the parties.

E. The review shall be made by the presiding administrative law judge and shall be based on the record and the memoranda submitted under the provisions of subsection A of this section.

F. The presiding administrative law judge may affirm, reverse, rescind, modify or supplement the award and make such disposition of the case as is determined to be appropriate. A decision on review shall be made within sixty days after the review has been requested, with preference being given to those cases not receiving compensation.

G. The decision on review shall become a part of the commission file and a copy thereof shall be served on the parties.

H. The decision on review shall be final unless within thirty days after the date of service of such decision to the parties, one of the parties applies to the court of appeals for a writ of certiorari pursuant to section 23-951. The decision shall contain a statement explaining the rights of the parties under this section and section 23-951.

Official source: Arizona State Legislature. Reproduced from public-domain Arizona statutes; confirm against the official source for the current text. Not legal advice.