Section 7-309. SECOND LEVEL APPEALS

 

309.1In accordance with §11(e) of the Act, a party may petition the Director for reconsideration of the decision of a hearing examiner.

 

309.2A petition for reconsideration shall be filed within ten (10) calendar days of the mailing of the decision.

 

309.3Each petition for reconsideration based upon newly discovered evidence shall be verified under oath and shall set forth the nature of the evidence in detail, showing clearly that it is in fact newly discovered.

 

309.4Upon receipt of a petition for reconsideration, the Director shall consider all matters presented by the record and decision, and on the basis of the consideration, the Director shall affirm, reverse, or modify the prior decision.

 

309.5The Director may set the decision aside and order a rehearing or the taking of additional evidence before the same hearing examiner, a different hearing examiner, or the Director.

 

309.6All final decisions rendered by the Director affirming, reversing, or modifying any decision of a hearing examiner shall become effective immediately.

 

309.7Prompt notice of the decision of the Director shall be mailed or delivered to the petitioner and other parties in interest.