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DIOGUARDI v. SUPERIOR COURT

No. 1 CA-SA 95-0064.

184 Ariz. 414 (1995)

909 P.2d 481

Jeremia DIOGUARDI, M.D., Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable William P. Sargeant, III, a judge thereof, Respondent Judge, The ARIZONA BOARD OF MEDICAL EXAMINERS; and Mark R. Speicher, in his capacity as Executive Director thereof, Respondents-Real Parties in Interest.

Court of Appeals of Arizona, Division 1, Department A.

As Corrected on Grant of Reconsideration December 29, 1995 and January 17, 1996.

Attorney(s) appearing for the Case

Estrada, Estrada & McCormick by Cynthia R. McCormick, Phoenix, for Petitioner.

Grant Woods, Attorney General by James M. McGee, Assistant Attorney General, and Michael N. Harrison, Assistant Attorney General, Phoenix, for Respondents-Real Parties in Interest.

OPINION

FIDEL, Judge.

This special action concerns the validity of an administrative procedural rule of BOMEX — 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 ("A.R.S.") § 41...

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