4013 RECONSIDERATION OF FINAL DECISIONS

4013.1 Any party served with a final decision and order may file a motion for reconsideration with the hearing examiner within ten (10) days of receipt of that decision, only in the following circumstances:

(a) If there has been a default judgment because of the non-appearance of the party;

(b) If the decision or order contains typographical, numerical, or technical errors;

(c) If the decision or order contains clear error that is evident on its face; or

(d) If the existence of newly discovered evidence which could not have been discussed prior to the hearing date has been discovered.

4013.2 A motion for reconsideration shall be granted or denied in writing by the hearing examiner within ten (10) days after receipt, and may only be granted on the basis of circumstances set forth in § 4013.1.

4013.3 The denial of a motion for reconsideration shall not be subject to reconsideration or appeal.

4013.4 The filing of a motion for reconsideration shall act as a stay upon the effectiveness of the Rent Administrator's order until such time as the motion is ruled upon by the Rent Administrator, or denied pursuant to § 4013.2.

4013.5 Failure of a hearing examiner to act on a motion for reconsideration within the time limit prescribed by § 4013.2 shall constitute a denial of the motion for reconsideration.

4013.6 The ten (10) day time limit in which an appeal to the Commission shall be filed, as prescribed in § 216 of the Act and § 3802.2, shall begin to run when the decision becomes final.

SOURCE: Notice of Final Rulemaking published at 33 DCR 1336, 1369 (March 7, 1986); as amended by Notice of Final Rulemaking published at 33 DCR 2656, 2660 (May 2, 1986).