117.1 A party to an appeal or a protest may by motion request the Board to reconsider its decision or order for the reasons stated below:

(a) To clarify the decision;

(b) To present newly discovered evidence which by due diligence could not have been presented to the Board prior to the rendering of its decision;

(c) If the decision contains typographical, numerical, technical or other clear errors that are evidence on their face; or

(d) If the decision contains errors of fact or law, except that parties shall not present arguments substantially identical to those already considered and rejected by the Board.

117.2 For appeals, a motion for reconsideration shall be filed within (30) thirty days after the Board's decision or order is transmitted to a party. For protests, a motion for reconsideration shall be filed within the time period set forth in Rule 313.2.

117.3 A motion for reconsideration shall set forth the following:

(a) The particular points of fact or law which the moving party believes the Board has overlooked or misapprehended;

(b) Any argument the moving party wishes to make in support of the motion; and

(c) The relief sought and the reasons for seeking the relief.

117.4 For appeals, a party may file an opposition to a motion for reconsideration no later than fifteen (15) days after the motion is served. For protests, a party may file an opposition within the time period set forth in Rule 313.2.

117.5 If a motion for reconsideration is granted, the Board may make a final disposition of the case without reargument, permit reargument, or issue an appropriate order regarding further proceedings.

117.6 A motion of reconsideration does not affect the finality of the Board's decision or suspend its operation except that the Board may stay its decision for good cause shown.

SOURCE: Final Rulemaking published at 49 DCR 2078 (March 8, 2002).