The Arizona Department of Public Safety has scheduled a rehearing for the accidental disability pension application of Mr. Derek Ortiz, a decision formerly arrived at by the local board is now up for reconsideration. This legal proceeding, according to the Arizona Department of Public Safety, stems from the denial of Mr. Ortiz's original application due to his failure to "provide documentation supportive of the permanency of his of disability," as required by A.R.S §§ 38-842(1) and 38-844(B). The notice of this event was published on June 25, ensuring compliance with A.R.S. § 41-1061.
The legal authority under which this rehearing is being conducted aligns with A.R.S. § 38-847, subsection H, and A.A.C. R13-8-112, as per the Arizona Department of Public Safety. It has been confirmed that the particulars of the statutes and rules involved with this case are concentrated on the question of whether Mr. Ortiz's condition meets the legal definition of a permanent disability under the specific sections denoted. In an arrangement agreed upon with Mr. Ortiz's counsel, the notice was posted two days ahead of the scheduled rehearing, a move which, both parties have affirmed, does not prejudice Mr. Ortiz.
Marking the formal challenge to the initial ruling, Mr. Ortiz contends that his disability is indeed permanent, necessitating the board's establishment of a Medical Board to reconsider his application. The procedural details for this upcoming hearing are public: it will be held in Phoenix at the Arizona Department of Public Safety, in the Technical Services Division Conference Room, located at 2102 W. Encanto Blvd. Additionally, for those unable to attend in person, the hearing will be accessible via Microsoft Teams, offering a digital venue for stakeholder participation and observation.
