Section 5-A8135. RECONSIDERATION

 

8135.1A respondent may file with the Commission a petition for reconsideration 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.

 

8135.2Neither the filing nor the granting of a petition shall operate as a stay of a decision unless specifically ordered by the Commission. The Commission 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.

 

8135.3A 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.

 

8135.4If 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 Commission.

 

8135.5The Commission may, in the Commission's discretion, permit or require oral argument upon a petition.

 

8135.6The Commission shall grant or deny a petition within forty-five (45) days after the filing of the petition. The failure by the Commission to act within that period shall constitute a denial of the petition.

 

source

Final Rulemaking published at 37 DCR 6619, 6644 (October 19, 1990).