Section 17-4120. PETITIONS FOR RECONSIDERATION

 

4120.1A respondent or the Corporation Counsel may file a petition for reconsideration, rehearing, or reargument within ten (10) days after the date of the service of the decision on that party. The party filing a petition shall serve a copy of the petition on each party separately represented.

 

4120.2Neither the filing nor the granting of a petition shall operate as a stay of a decision unless specifically ordered by a board. A stay shall be granted only upon good cause, which shall involve a consideration of the likelihood of board error, irreparable harm to the petitioning party, the harm to other parties, and the public interest.

 

4120.3A petition shall state briefly and specifically the following:

 

(a)The matters of record or points of law alleged to have been erroneously decided or overlooked;

 

(b)The grounds relied upon; and

 

(c)The relief sought.

 

4120.4If 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 the board.

 

4120.5A board, in its discretion, may permit or require oral argument upon a petition before the board.

 

4120.6A board shall grant or deny a petition within forty-five (45) days after the filing of the petition, but the failure by the board to act within that period shall be deemed a denial of the petition.

 

4120.7A decision shall be in writing, and shall be signed by the chairperson. The chairperson shall serve copies of the decision on all parties or their counsels of record.

 

source

Final Rulemaking published at 34 DCR 5872, 5893 (September 11, 1987).