Executive Hearing Office

Frequently Asked Questions

An administrative hearing is similar to a civil trial in court, although it is generally less formal. The administrative hearing provides an opportunity for you to challenge an Order or Decision of the Department which adversely affects a license or privilege.

No. There are some actions which are classified as ‘Mandatory’ and in these cases there is no right to an administrative hearing. The Notice or Order which you receive will indicate whether a hearing may be requested.

No. In fact, the administrative law judge cannot even consider the issuance of a restricted driver's license at the administrative hearing. Whether you are entitled to a restricted license depends upon the particular statute/violation involved and, in most cases, your prior driving history. When authorized by statute, a restricted license will be issued only after your license has been suspended for the mandatory period as required by law.

All hearing requests must be in writing and must be received in the Executive Hearing Office no more than 15 days after the date of the Notice or Order which you wish to appeal. If the hearing request is mailed, an additional three (3) days is added to the filing period. Hearing requests can be mailed or personally delivered to the main office of the Executive Hearing Office at 3737 North Seventh Street, Phoenix, 85014 or can be personally delivered to any Motor Vehicle Division office, statewide. Hearing requests can be faxed to the Executive Hearing Office at 602 241-1624. Hearing requests are also accepted by e-mail: HearingOffice@azdot.gov.

Most of the hearings which involve business licenses, tax issues or enforcement matters are conducted in the main office of the Executive Hearing Office in Phoenix. A lesser number of those cases are heard in Tucson. DUI-related hearings are usually conducted in the county where the DUI arrest occurred.

Read your Hearing Notice carefully for the location where your case is assigned. Driving directions to all hearing locations may be found in this Executive Hearing Office web page.

An administrative hearing will be scheduled approximately 30-35 days after the hearing request is received. It may be longer if the police officer, attorney or other necessary party cannot appear on the initial hearing date. In such cases, the matter may be continued for an additional 25-30 days.

If your hearing will be conducted at a location other than the hearing offices in Phoenix or Tucson, it will be significantly longer before the matter is heard. (45-60 days)

Yes. All hearings conducted by the Executive Hearing Office are open to the public without need for prior notice or prior approval. You should, however, inform the administrative law judge that you are an observer immediately upon entering the hearing room. As an observer, you are required only to conduct yourself in a polite and orderly manner consistent with the dignity of the hearing.

A schedule (docket) of all hearings, dates, times and locations will be found elsewhere in this Executive Hearing Office webpage.

If you cannot appear on the date or at the time scheduled for your hearing, you may ask the Chief Judge for a continuance. However, you should understand that a continuance is not granted automatically. Your request is subject to the following rules:

1. The continuance request must be in writing and mailed to the Executive Hearing Office, 3737 N. 7th St, Phoenix, AZ 85014 or faxed to area code 602 241-1624;
2. The continuance request must be received in the Executive Hearing Office not less than seven (7) business days before the scheduled date of your hearing;
3. Your written request must show good cause for the requested continuance. Business obligations, school schedules, vacations or matters of personal convenience do not constitute ‘good cause’.

All hearings in the Executive Hearing Office are conducted in the English language. If you need a language translator at your hearing, you are required to make arrangements for that translator to attend and you must do so at your own expense. The State is not required to provide translation services for administrative hearings as these are civil proceedings. A friend or relative may appear as translator at your hearing and assist you in language translation provided that the friend or relative is not a party to the case and is sufficiently fluent in both languages to competently act in that capacity.

[Spanish]

En la Oficina Ejecutiva de Audiencias todas las audiencias se realizan en inglés. Si necesita un traductor en su audiencia, usted debe hacer los arreglos necesarios para que el traductor se presente y usted es responsable por su costo. El Estado no está obligado a proporcionar servicio de traducción para las audiencias de MVD las cuales son procesos civiles. Un amigo o familiar puede presentarse como traductor en su audiencia y ayudarlo en la traducción, siempre y cuando ese amigo o familiar no sea parte del caso y domine suficientemente los dos idiomas para actuar competentemente como tal.

If you believe that you will arrive late at the hearing for any reason, you should contact the judge immediately by telephone. If your call is received before the hearing begins, the judge will delay the hearing for 15 minutes. If you do not appear at that time, the hearing will begin and you may lose your case by default - a failure to appear. If you are represented by an attorney, you should also contact your attorney as soon as you realize that you will be late.
(Telephone numbers for all hearing locations are provided elsewhere in this Web page)

The administrative law judge should be addressed as ‘Your Honor’ or ‘Judge’.

Yes. At the administrative hearing you may represent yourself or you may be represented by an attorney. The choice -- and the cost -- is yours. Since this is a civil proceeding, you are not entitled to the services of a court-appointed attorney. (‘Public Defender’).
In any regulatory or enforcement hearing which involves a corporation, the corporation must be represented by an attorney licensed to practice law in the State of Arizona.

An Administrative Law Judge in the Executive Hearing Office is the presiding officer for the administrative hearing and will make the final decision in your case after hearing all of the evidence. The judge’s decision will be in writing, setting forth separate findings of fact, conclusions of law and a final decision and order.
The Administrative Law Judge is employed by the Arizona Department of Transportation but exercises independent judgment, free from pressures by the parties or other individuals within the Agency.
The duties and responsibilities of the Administrative Law Judge are generally comparable to those of the judge in a trial court. Phillips v. Clancy, 152 Ariz. 415

While the decision of the Administrative Law Judge in the Executive Hearing Office is final, that Decision may be appealed to the Superior Court. This appeal is not a new hearing, but a review of the administrative hearing record to determine whether the judge may have made an error in applying the law. The findings of fact made by the administrative law judge cannot be changed by the appellate judge unless such findings are wholly without merit.

No. The MVD hearing is a civil administrative proceeding concerning the suspension/revocation of your driver license or driving privileges. It does not determine whether you are guilty of a criminal act, such as driving while impaired by alcohol or drugs.

Yes. The criminal trial and the Executive Hearing Office proceeding are separate and distinct. The outcome of one will not affect the other. If you wish to contest the suspension/revocation of your driver license, you must appear at the hearing before an Administrative Law Judge. If you fail to appear, you may lose the case by default.

... And remember:

If you request a hearing, the Departments Order, whether a suspension, assessment, business license cancellation or other action is usually ‘stayed’ pending the outcome of the hearing. In other words, the Department’s Order will not go into effect until the hearing is held and the administrative law judge issues a final decision. As a general rule, this means that you can continue to drive, operate the business, avoid the accumulation of tax penalties, etc. pending the outcome of the hearing. This is a general rule however and does not automatically apply in every case. You should carefully read the Department Notice or Order to determine whether a stay applies in your case

You must inform the Executive Hearing Office immediately if you change your address while your hearing is pending. If you fail to do so, you may lose your case by default.

If you require special accommodations, such as wheelchair access, sign language interpretation or TTY telephone accommodations, you must inform the Executive Hearing Office of that need at the time you file your hearing request.

Spend some time preparing for your hearing. Make a checklist of the major points that you want to make at the hearing. Know what you are trying to prove and stay focused. Do not waste time or confuse the judge with irrelevant issues. Speak clearly, simply and concisely. And above all, always be courteous to the judge, to the witnesses and to the opposing party.

Executive Hearing Office
Motor Vehicle Division
Arizona Department of Transportation

Specific Rules governing hearings in the Executive Hearing Office may be found in the Arizona Administrative Code at A.C.C. R17-1-501, and in Title 28, Arizona Revised Statutes. These sources may be found at any law library and in most public libraries as well as on the Internet.