Requesting a Hearing

Requesting a Hearing

Am I entitled to a hearing?

A person who has received a notice of ADOT departmental action may be entitled to a hearing.  If a hearing is available, the notice will specify that right and provide the timeframe for submitting the request.  (Examples include: a Corrective Action Notice issued by MVD regarding suspension of driving privileges, notice of financial assessment, etc.) Some actions are mandatory by law or are not within the jurisdiction of the Executive Hearing Office.  Check your Corrective Action Notice for more information.

If you request a hearing on a mandatory action (one that is required by law), on an action that is outside the jurisdiction of the Executive Hearing Office, or if you request a hearing after the deadline to submit a request, your request will be denied and you will be notified in writing.

 

When to Submit Your Request:

Actions have a time limit to request a hearing, which in most cases is 15 days from the date of the written notice of the action.  Check the Notice you received (e.g. Corrective Action Notice, Withdrawal Notice, etc.) for more information on deadlines to submit a hearing request.

If you do not submit your hearing request within the time limits specified by law, your hearing request may be denied.

 

What information should I include in my request?

All hearing requests must be in writing and can be submitted on an Executive Hearing Office hearing request form.  Attorneys should submit hearing requests in motion form.

All hearing requests should include the following information:

  • Your full name
  • Your complete mailing address
  • Your Arizona Driver License Number (if you have one)
  • Your Date of Birth
  • A telephone number where you can be contacted
  • An email address, if you have one
  • A brief statement of why you are requesting a hearing
  • The Withdrawal Number, Interlock Action Number or other case identifier provided in the notice from the Department
  • A request for interpreter, if necessary (if you do not speak English, an interpreter may be provided to translate for you at the hearing if requested)

 

Submitting Your Hearing Request:

Select and complete the appropriate hearing request form from the “Forms” tab.  If you are an attorney, you should submit your hearing request in motion.  It is not necessary to include a completed hearing request form as long as your motion contains all of the relevant information needed to process your request.

You only need to select one way to submit your hearing request.  Submitting your request by multiple methods (e.g. Email and fax) will not speed up processing time and may cause delays in processing your request.

A petitioner or petitioner’s attorney may file their request directly with the EHO by:

Executive Hearing Office
Arizona Department of Transportation
Mail Drop 507M
P.O. Box 2100
Phoenix, AZ 85001-2100

  • Fax your request to the Executive Hearing Office at (602) 241-1624
  • In Person at the Executive Hearing Office at:

3838 N. Central Ave.
3rd Floor
Phoenix, AZ 85012

 

After Submitting Your Hearing Request:

After you submit your request, it will be processed and a judge will determine if the matter is eligible for a hearing.  If the matter is not eligible for a hearing, your request will be denied and you will be notified in writing of the judge’s decision.  If your matter is eligible for hearing, you will receive written notice of the hearing date, time, and location of your hearing.  Depending on the type of hearing request and the completeness of the hearing request itself, it may take several months to set your matter for hearing.

If you submit a timely request for a hearing, the department's action, whether a suspension, assessment, business license cancellation or other action, may be "stayed," pending the outcome of the hearing.  When an action is “stayed,” the department's order will not go into effect until the hearing is held and the administrative law judge issues a final decision.  You should carefully read the department notice or order to determine whether a stay applies in your case.  You are responsible for determining if a stay is placed on the action pending against you.