D.C. Mun. Regs. tit. 31, r. 31-354

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 31-354 - REHEARING OR RECONSIDERATION

354.1

A final decision and order in an individual proceeding may be subject to rehearing or reconsideration by the hearing panel within ten (10) days from the date of its entry upon motion by a party or on motion of the Chairperson.

354.2

The grounds for rehearing or reconsideration shall be one or more of the following:

(a) Newly discovered or newly available evidence relevant to the issues;

(b) Need for additional evidence to develop adequately the facts essential to proper decision;

(c) Probable error committed by the Chairperson or hearing panel in the proceeding or in its decision which would be grounds for reversal on judicial review of the decision;

(d) Need for further consideration of the issues and the evidence in the public interest; and

(e) A showing that issues not previously considered ought to be examined in order properly to dispose of the matter.

354.3

The order of the Chairperson on behalf of the hearing panel granting rehearing or reconsideration or the motion of the party therefor, shall set forth the grounds which justify that action.

354.4

Nothing in this section shall prevent rehearing or reconsideration of a matter by any hearing panel in accordance with other statutory provisions applicable to the Commission, Panel, or Office, or, at any time, on the ground of fraud practiced by the prevailing party or of procurement of the order by perjured testimony or fictitious testimony.

354.5

The hearing shall be confined to those grounds upon which the rehearing or reconsideration was ordered.

354.6

If an application for rehearing is timely filed, the period within which judicial review must be brought under the Administrative Procedure Act shall run from the final disposition of the application.

354.7

A motion for rehearing or reconsideration shall not operate as a stay of any order of suspension or revocation of a license or registration which has become final by decision of the hearing panel following the original hearing.

D.C. Mun. Regs. tit. 31, r. 31-354

Final Rulemaking published at 34 DCR 6751, 6790 (October 23, 1987)