Ala. Admin. Code r. 670-X-5-.09

Current through Register Vol. 43, No. 1, October 31, 2024

Section 670-X-5-.09 - Re-Hearings

(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.

Ala. Admin. Code r. 670-X-5-.09

Filed September 29, 1981.

Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 08, May 29, 2015, eff. 6/24/2015.

Author:

Statutory Authority:Code of Ala. 1975, §§ 36-26-6, 36-26-9.