N.M. Admin. Code § 13.21.5.24 - RECONSIDERATION
A.
Time to
file. A party may file a motion for reconsideration within 15 days after
the date of the final order. Any other party may file a response no more than
15 days after the motion for reconsideration was filed. Motions for
reconsideration that are not filed within this deadline may be denied
automatically. A timely filed motion for reconsideration should be decided
based on the merits, whether or not a response is filed.
B.
Posture. The prevailing party
shall not file a motion for reconsideration. However, if a requested action is
granted in part and denied in part, either party may file a motion for
reconsideration.
C.
Basis for
motion. Motions for reconsideration shall not endeavor to present new
evidence previously available, or discoverable through reasonable diligence, to
the parties before the hearing. Motions for reconsideration shall not reargue
the weight of evidence already ruled upon and shall not reiterate legal
arguments already ruled upon. However, a motion for reconsideration may address
gross factual or legal errors or omissions contained in the final decision and
order.
Notes
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