4120.1 A respondent or the Corporation Counsel may file a petition for reconsideration, rehearing, or reargument within ten (10) days after the date of the service of the decision on that party. The party filing a petition shall serve a copy of the petition on each party separately represented.

4120.2 Neither the filing nor the granting of a petition shall operate as a stay of a decision unless specifically ordered by a board. A stay shall be granted only upon good cause, which shall involve a consideration of the likelihood of board error, irreparable harm to the petitioning party, the harm to other parties, and the public interest.

4120.3 A petition shall state briefly and specifically the following:

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

(b) The grounds relied upon; and

(c) The relief sought.

4120.4 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 board.

4120.5 A board, in its discretion, may permit or require oral argument upon a petition before the board.

4120.6 A board shall grant or deny a petition within forty-five (45) days after the filing of the petition, but the failure by the board to act within that period shall be deemed a denial of the petition.

4120.7 A decision shall be in writing, and shall be signed by the chairperson. The chairperson shall serve copies of the decision on all parties or their counsels of record.

SOURCE: Final Rulemaking published at 34 DCR 5872 (September 11, 1987).