Current through 2024-51, December 18, 2024
Section 412-101-5 - Reconsideration and Final DecisionA. Within thirty (30) days of the date of issuance of a written decision of the Commission which decision was made without a hearing, any person aggrieved by the decision may file a petition for reconsideration with the Commission. Such petition shall be filed with the Commission at its office and shall set forth, in detail, the findings, conclusions, or conditions to which such applicant or aggrieved person objects, the basis for such objections and the nature of the relief requested. It shall be the responsibility of the petitioner to see that the request for reconsideration is received by the Commission on or before the date specified in notices required by Section 5B. B. Notice of such request shall be provided in the same manner as the notice required under Section 3 of these regulations.C. The Commission shall, within sixty (60) days of receipt of a petition for reconsideration, provide the petitioner with the opportunity to appear before the Commission to present evidence and answer questions with regard to his or her petition. The Commission shall either (1) affirm its original decision; (2) grant the petition in whole or in part and issue such appropriate orders as are necessary; or (3) order a public hearing on the application.D. No appeal pursuant to Section 968 of the Act shall be taken from a decision of the Commission which decision was made without a hearing, until the applicant or other aggrieved person has made a request for reconsideration and the Commission has made a final determination on the merits of the application.94- 412 C.M.R. ch. 101, § 5