(a) Energy savings companies who have been denied qualification by the Administration shall have a jurisdictional term of ten (10) days to file a motion for reconsideration of order denying qualification with the Administration. Such term shall begin to count from the date of notice of the order denying qualification. The motion for reconsideration shall state particulars and specifics of the facts and the applicable law and be grounded on substantial issues, in order for the Administration to have at hand all the necessary evaluation elements to adjudicate the reconsideration on its merits without any further efforts.
(b) The Administration shall have up to fifteen (15) days, counted from the filing date of the motion for reconsideration, to issue a final notice on the merits of such motion.
(c) If the Administration should ratify its order denying qualification or fails to take action within fifteen (15) days after the filing date of the motion for reconsideration, the term to request court review before the Court of Appeals shall begin to count from the date of such determination to ratify the denial of qualification, or upon expiration of the fifteen (15)-day term after the Administration has failed to take action.
(d) Energy savings companies that receive a final denial notice may request court review before the Court of Appeals within the jurisdictional term of ten (10) days, to be counted from the date of the Administration's final notice. The sole filing of a request for court review with the Court of Appeals shall not result in the automatic stay of the Administration's determination.
(e) Any affected party that wishes to stay the effects of the Administration’s determination shall file a petition for a writ in aid of appellate jurisdiction with the Court of Appeals. The writ in aid of appellate jurisdiction thus issued by the Court of Appeals shall render ineffective the Administration’s determination to deny a qualification certificate, among other issues to be addressed in such writ. This writ in aid of appellate jurisdiction shall have a maximum term of sixty (60) days, within which the Court of Appeals shall adjudicate the court review on its merits.
(f) Should the writ in aid of appellate jurisdiction rendering ineffective the denial of a qualification certificate not be granted, the Administration shall bar the petitioner from the Qualified Energy Savings Company List until the reviewing judicial entities rule otherwise.
(g) No request for court review other than that provided for in this chapter or which is not within the terms or is not compliant with the procedures provided for herein, may be instituted or filed.
History —Jan. 17, 2012, No. 19, § 2.9.