Ala. Admin. Code r. 820-1-2-.18

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

Section 820-1-2-.18 - Applications For Reconsideration, Rehearing Or Modifications Of Orders

(1) Applications for rehearing or reconsideration must be made by petition, stating specifically the grounds relied upon, filed with the Secretary 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 therefor. 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 Secretary, it must show in what particulars a modification is desired. The Secretary will allow ten (10) days time from the date the application is filed with the Secretary 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 Secretary 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 Secretary 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 Secretary will give consideration to the record in the light of such additional testimony and render his or her decision and order thereon.

(3) All applications for rehearing or reconsideration must be filed with the Secretary 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 Secretary.

Author: Charles E. Grainger, Jr.

Ala. Admin. Code r. 820-1-2-.18

New Rule: Filed January 10, 2001; effective February 14, 2001.

Statutory Authority:Code of Ala. 1975, § 41-22-4.