1042 REHEARING OR RECONSIDERATION

1042.1 A decision in an individual proceeding involving the suspension or revocation of a license or privilege to drive shall be subject to rehearing or reconsideration by the examiner within ten (10) days from the date of its entry upon motion by a party or on motion of the examiner.

1042.2 The grounds for rehearing or reconsideration shall be one or more of the following:

(a) Newly discovered or newly available evidence relevant to the issues;

(b) Need for additional evidence to develop adequately the facts essential to proper decision;

(c) Probable error committed by the examiner in the proceeding or in its decision which would be grounds for reversal on judicial review of the decision;

(d) Need for further consideration of the issues and the evidence in the public interest; and

(e) A showing that issues not previously considered ought to be examined in order properly to dispose of the matter.

1042.3 The order of the examiner granting rehearing or reconsideration or the motion of the party therefore, shall set forth the grounds which justify that action.

1042.4 Nothing in this section shall prevent rehearing or reconsideration of a matter by any examiner in accordance with other statutory provisions applicable to the Department, or, at any time, on the ground of fraud practiced by the prevailing party or of procurement of the order by perjured testimony or fictitious testimony.

1042.5 On rehearing or reconsideration, the matter may be heard by the examiner who heard the proceeding initially or it may be referred to another examiner should the circumstances justify such referral in the opinion of the Chief Examiner.

1042.6 The hearing shall be confined to those grounds upon which the rehearing or reconsideration was ordered.

1042.7 If an application for rehearing is timely filed, the period within which judicial review must be brought under the D.C. Administrative Procedure Act shall run from the final disposition of the application.

1042.8 A motion for rehearing or reconsideration shall not operate as a stay of any order of suspension or revocation of a license or registration which has become final by decision of

the examiner following the original hearing.

SOURCE: Final Rulemaking published at 48 DCR 7316 (August 10, 2001).