Section 75-01-03-25 - Rehearing and reconsideration1. A request for a rehearing or for reconsideration must be filed with the office of the appeals supervisor within fifteen days after a decision is issued by the executive director. The request must be based upon new evidence indicating that an unjust or invalid determination has been made, or upon an allegation that the director has incorrectly interpreted relevant statutory or case law. 2. If the request for rehearing is to permit presentation of additional evidence, the request must: a. Describe the additional evidence; b. Show why it was not previously introduced; and c. Explain its materiality. 3. The executive director may order a rehearing, or may reconsider, on the director's own motion. 4. The grant of a rehearing or reconsideration, either upon request or upon the director's own motion, is a matter for the director's discretion. 5. If a request for a rehearing or reconsideration is granted, the director may: a. Order reconsideration of the decision on the basis of the evidence in the record; b. Order the taking of additional evidence; or c. Order an entire new hearing. 6. A decision issued upon a request for rehearing or for reconsideration must not be subject to further hearing. 7. Notice of a decision upon a request for rehearing or for reconsideration must be given as provided for in section 75-01-03-23. N.D. Admin Code 75-01-03-25
Effective September 1, 1979; amended effective January 1, 1984; February 1, 1995.General Authority: NDCC 28-32-02, 50-06-16
Law Implemented: NDCC 50-06-05.1