Ala. Admin. Code r. 670-X-5-.09 - Re-Hearings
Current through Register Vol. 40, No. 6, March 31, 2022
(1) The Board shall
entertain requests for reconsideration of its decision rendered in an appeal
hearing by either party to the hearing if timely submitted within thirty days
from the rendition of said decision.
(2) The request shall only be based upon
newly discovered evidence which would justify relief from the decision
rendered.
(3) Such requests should
include, by written memorandum or brief, the detailed basis for such
reconsideration. The opposing party shall have the opportunity to present a
written reply memorandum or brief challenging such basis.
(4) The Board shall then review the written
reply in executive session, and based upon such review, shall either sustain
its previous decision or grant such relief from the decision as may be
appropriate. In reviewing the request, the Board, at its sole discretion, may
hear further oral argument, hear new testimony, or suggest supplemental
responses.
(5) The filing of the
request for reconsideration shall be at the option of the parties, and should
not be deemed as a prerequisite to, or hindrance of, either party's right to
judicial review of a Board decision.
Notes
Author:
Statutory Authority: Code of Ala. 1975, ยงยง 36-26-6, 36-26-9.
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