Sec. 12.11.04.10. Reconsideration  


Latest version.
  • A. Request for Reconsideration.

    (1) Each party may request reconsideration of a final decision.

    (2) The party shall:

    (a) Direct the request to the presiding officer who made the decision;

    (b) File the request within 10 days after receipt of the final decision; and

    (c) State the grounds for reconsideration.

    (3) The presiding officer deciding the case shall determine to grant or deny the request, in whole or in part, within 30 days of receipt of a request for reconsideration.

    (4) A request for reconsideration may not stay a final decision and may not stay the time for filing an appeal from the final decision.

    B. If reconsideration is granted, the presiding officer shall issue an order providing for reconsideration and staying the decision under reconsideration.

    C. A presiding officer may conduct a hearing under this chapter to consider further evidence or argument upon the matters being reconsidered.

    D. After reconsideration, the presiding officer shall:

    (1) Issue a written order affirming, modifying, or rescinding the original decision; and

    (2) Immediately forward a copy of the order to each party or each party's attorney.