Section 17-3334. RECONSIDERATION

 

3334.1A respondent may file with a board a petition for reconsideration or reopening a hearing within fifteen (15) days after the date of the service of the decision on that party. The petitioner shall serve a copy of the petition on each party.

 

3334.2Neither the filing nor the granting of a petition shall operate as a stay of a decision unless specifically ordered by a board. A board may grant a stay only upon good cause involving consideration of the likelihood of decisional error, irreparable harm to the petitioning party, the harm to other parties, and the public interest.

 

3334.3A petition shall state briefly and specifically the following:

 

(a)In the case of a motion for a reconsideration, the matters of record or points of law alleged to have been erroneously decided or overlooked;

 

(b)In the case of a motion to reopen a hearing, the reasons that respondent failed to appear at a hearing;

 

(c)The grounds relied upon; and

 

(d)The relief sought.

 

3334.4If a petition is based in whole or in part on new matter, the matter shall be set forth in an affidavit, containing a statement that the petitioner could not with due diligence have known or have discovered the new matter prior to the hearing before a board.

 

3334.5A board may, in its discretion, permit or require oral argument upon a petition before the board.

 

3334.6A board shall grant or deny a petition within forty-five (45) days after the filing of the petition. The failure by the board to act within that period shall constitute a denial of the petition.

 

source

Final Rulemaking published at 35 DCR 3488, 3512 (May 13, 1988).