Current through Register Vol. 22-07, April 1, 2022
(1) After issuance of a final decision any
party may file a motion for reconsideration with the board in accordance with
subsection (2) of this section. Such motion must be filed and served within ten
days of service of the final decision. Within ten days of filing the motion for
reconsideration, a party may file an answer to the motion for reconsideration
without direction or request from the board. The board may require an answer or
additional briefing from other parties.
A motion for reconsideration shall be
based on at least one of the following grounds:
(a) Errors of procedure or misinterpretation
of fact or law, material to the party seeking reconsideration; or
(b) Irregularity in the hearing before the
board by which such party was prevented from having a fair hearing.
In response to a motion for
reconsideration, the board may deny the motion, modify its decision, or reopen
the hearing. The motion for reconsideration shall be disposed of by the same
panel that entered the order, if reasonably available. A motion is deemed
denied, if, within twenty days from the date the motion for reconsideration is
filed, the board does not either:
of the motion; or
(b) Serve the
parties with a written notice specifying the date by which it will act on the
(4) Upon receipt
of a letter from a party identifying typographical errors or clerical mistakes
in a final order, the board may, without objection, issue a corrected order.
The letter must be filed within the deadline for motions for reconsideration
and should indicate that the sender has obtained the concurrence of all other
parties. Issuance of a corrected order does not extend the time for filing a
petition for judicial review.
decision in response to the motion for reconsideration shall constitute a final
decision and order for purposes of judicial review. A board order on a motion
for reconsideration is not subject to a motion for reconsideration.
(6) No motion for reconsideration stays the
effectiveness of the board's final decision and order.