All hearings are audio recorded.

The Executive Hearing Office strives to ensure the accessibility of its hearings to all persons with disabilities.  If you require special accommodations please advise the Executive Hearing Office as soon as possible to prevent any delay in scheduling your hearing.

If you cannot appear on the date and time scheduled, you may request a continuance.  Continuances are NOT granted automatically.  The Associate Presiding Judge or your assigned hearing judge will rule on your request subject to the rules set forth in Article 5 of the Arizona Administrative Code.

All hearings at the Executive Hearing Office are conducted in English.  If you need a interpreter at your hearing, please indicate the language you require for interpretation and notify the Executive Hearing Office as soon as possible with your request to prevent any delay in scheduling your hearing.

You may represent yourself at your hearing or you may be represented by an attorney.  Because the hearings held at the Executive Hearing Office are administrative proceedings, you are not entitled to the services of a court-appointed attorney.  If you decide to hire an attorney the cost is yours.  You will need to make financial arrangements with the attorney for his or her services.  In any regulatory or enforcement hearing that involves a corporation, the corporation must be represented by an attorney licensed to practice law in Arizona unless exempted

Yes.  All hearings conducted at the Executive Hearing Office are open to the public.  You should inform the ALJ that you are an observer immediately upon entering the hearing room.  As an observer, you are required to conduct yourself in a polite and non-disruptive manner.

No.  The Executive Hearing Office has no jurisdiction to determine eligibility for a restricted license.  Whether you are entitled to a restricted license depends upon the particular statute or violation involved and 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.  You should contact MVD regarding eligibility for a restricted driver license.

All of the ALJs for the Executive Hearing Office are licensed attorneys with the Arizona State Bar.  They are employed by the Arizona Department of Transportation but exercise independent judgment, free from pressures by the parties or other individuals within the agency. The duties and responsibilities are generally comparable to those of the judge in a trial court. Phillips v. Clancy, 152 Ariz. 415 (1986).

An administrative hearing is an informal proceeding.  Evidence is presented by each party, either as sworn testimony, documents or other physical evidence.  Each party will have an opportunity to question the witnesses.  At the end of the hearing, each party may present a closing argument to explain why the ALJ should rule in their favor.  The ALJ will make a decision at the time of the hearing or the ALJ may take the matter under advisement and issue a decision after the hearing.  A written Decision and Order will be mailed to the parties.

There are no provisions in state law to exempt a person with a medical condition from an interlock requirement. All devices are certified to meet NHITSA standards.  Based on these NHITSA standards, there is a minimum blow rate that is required to get a proper sample.  However, there are options that one can pursue when providing a breath sample is challenging: