3140 RECONSIDERATION

3140.1 A respondent or the Corporation Counsel may file a petition for reconsideration with the Director within ten (10) days after the date of service of the decision on that party. The petitioner shall serve a copy of the petition on each party.

3140.2 Neither the filing nor the granting of a petition for reconsideration shall operate as a stay of a decision unless specifically ordered by the Director. The Director may grant a stay only upon good cause involving consideration of the likelihood of decisional error, irreparable harm to the petitioning party, harm to any other party, or the public interest.

3140.3 A petition for reconsideration shall state briefly and specifically the following:

(a) The matter of record or point of law alleged to have been erroneously decided or overlooked;

(b) The grounds relied upon; and

(c) The relief sought.

3140.4 If a petition is based in whole or in part on new matter, the matter shall be set forth in an affidavit, containing the statement that the petitioner could not, with due diligence, have known or have discovered the new matter prior to the hearing before the Director.

3140.5 The Director may permit or require oral argument upon a petition.

3140.6 The Director shall rule on a petition within forty-five (45) days after the filing of the petition. Failure by the Director to act within that period shall constitute a denial of the petition.

Source: Final Rulemaking published at 39 DCR 7853, 7874 (October 23, 1992).