In a quasi-judicial or quasi-legislative proceeding, any party affected adversely by the decision of the Secretary or the official designated by him, pursuant to subsection (d) of § 341e of this title, shall request the Secretary to reconsider such decision within the term of twenty (20) days from the date notice thereof is served, except in proceedings filed by the Antitrust Office. The agency shall consider the reconsideration within fifteen (15) days as of the filing thereof. If it is denied in its entirety, or if it does not take action within fifteen (15) days, the term to request review shall begin to count again as of the notice of said denial or upon the expiration of said fifteen (15) days, as the case may be. If a determination is made in its consideration, the term to request review shall begin to count as of the date in which a copy of the notice of the resolution of the agency definitely resolving the motion for reconsideration is filed in the records. Said resolution shall be issued and filed in the records within the ninety (90) days following the filing of the motion for reconsideration. If the agency accepts the motion for reconsideration but fails to take action with respect to said motion within ninety (90) days as of the filing thereof, it shall lose jurisdiction over the same and the term to request judicial review shall begin to count as of the expiration of said ninety (90) day term, unless the agency for just cause and within said ninety (90) days extends the term to resolve for a period which shall not exceed thirty (30) additional days.
History —Apr. 23, 1973, No. 5, p. 15, § 16; June 26, 1974, No. 87, Part 1, p. 306, § 5; June 23, 1978, No. 71, p. 240, § 2; Jan. 5, 2006, No. 6, § 2.