Sec. 31.02.01.13. Rehearings  


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  • A. A request for a rehearing shall be made in writing to:

    (1) The Commissioner in a contested case heard by the Administration;

    (2) The Commissioner in a contested case where the Office has been delegated authority to hear the contested case but the Commissioner has retained authority to issue the final order; or

    (3) The administrative law judge in a contested case where the Office has been delegated authority to issue a final order.

    B. If the request is made:

    (1) Within 10 days after the issuance of the final order, the request may be granted by the Commissioner or administrative law judge for any reason;

    (2) More than 10 days after the issuance of the final order, the request may be granted only on a determination by the Commissioner or administrative law judge that the final order was a result of fraud, mistake, or inadvertence; or

    (3) More than 30 days after the issuance of the final order, the request may not be granted.