Dioguardi v. Superior Court

OPINION

FIDEL, Judge.

This special action concerns the validity of an administrative procedural rule of BO-MEX—the Arizona Board of Medical Examiners—requiring motions for rehearing to be filed within ten days. We hold that the rule violates BOMEX’s statutory mandate to draw its rehearing procedures “as closely as practicable from rule 59, Arizona rules of civil procedure.” See Arizona Revised Statutes Annotated (“AR.S.”) § 41-1062(B); Ariz.R.Civ.P. 59,16 A.R.S.

I

Petitioner Jeremía Dioguardi, M.D., had engaged in the general practice of medicine in Arizona for thirty-nine years before undergoing…