Ala. Admin. Code r. 770-X-4-.21 - Applications For Reconsideration, Rehearing Or Modifications Of Order
(1) Applications
for rehearing or reconsideration must be made by petition, stating specifically
the grounds relied upon, filed with the Commission and served upon all parties
or their attorneys of record who appeared at the hearing, or oral argument if
had, or on brief. Such petitions must be accompanied by certificates of
service, either by United States Mail or in person, on the other parties of
record. If any such application is based upon matters of law, the Applicant
must state fully the legal propositions involved and cite the authorities
therefore. If new evidence is desired to be offered upon a rehearing, the
nature and purpose of the evidence must be briefly stated, and it must not
appear to be merely cumulative. If an application seeks the modification of an
order of the Commission, it must show in what particulars a modification is
desired. The Commission will allow ten (10) days time from the date the
application is filed with the Commission to other parties of record in which to
file an answer in writing to such application.
(2) After the expiration of ten (10) days,
the Commission will give consideration to such applications and any answers
thereto that may be filed, and will make such order or orders as appear to be
warranted; but if the Commission finds that a hearing for the introduction of
additional testimony is justified, it will set the matter down for such
purpose, giving notice thereof to the parties of record. After such hearing the
Commission will give consideration to the record in the light of such
additional testimony and render its decision and order thereon.
(3) All applications for rehearing or
reconsideration must be filed with the Commission within thirty (30) days from
the date of the final action on the matter for which rehearing or
reconsideration is sought, unless an extension is granted by the
Commission.
Notes
Author: Alabama Public Service Commission
Statutory Authority: Code of Ala. 1975, §§ 37-1-38, 37-1-63, 37-1-86, 37-1-89, 37-3-28.
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