1731.1 A respondent may file with a Hearing Examiner a petition for reconsideration or reopening a hearing within fifteen (15) days after the date of the service of the decision on that party. The petitioner shall serve a copy of the petition on each party.

1731.2 Neither the filing nor the granting of a petition shall operate as a stay of a decision unless specifically ordered by the Hearing Examiner. A Hearing Examiner may grant a stay only upon good cause involving consideration of the likelihood of decisional error, irreparable harm to the petitioning party, the harm to other parties, and the public interest.

1731.3 A petition shall state briefly and specifically the following:

(a) In the case of a motion for a reconsideration, the matters of record or points of law alleged to have been erroneously decided or overlooked;

(b) In the case of a motion to reopen a hearing, the reasons that respondent failed to appear at a hearing;

(c) The grounds relied upon; and

(d) The relief sought.

1731.4 If a petition is based in whole or in part on new matter, the matter shall be set forth in an affidavit, containing a statement that the petitioner could not with due diligence have known or have discovered the new matter prior to the hearing before the Director.

1731.5 A Hearing Examiner may, in its discretion, permit or require oral argument upon a petition before the Hearing Examiner.

1731.6 A Hearing Examiner shall grant or deny a petition within forty-five (45) days after the filing of the petition. The failure by the Hearing Examiner to act within that period shall constitute a denial of the petition.

SOURCE: Final Rulemaking at 50 DCR 9549 (November 14, 2003).