- (a) Any party to the decision may request reconsideration, rehearing, or clarification of a decision within 10 calendar days of the date of the issuance of the hearing officer's decision. Any request for reconsideration, rehearing, or clarification shall be in writing and addressed to the hearing officer and the commissioner, with a copy to the other party.
(b) A request for reconsideration, rehearing, or clarification shall include:
- (1) Identification of each error of fact, error of reasoning, or error of law that the moving party wishes to have reconsidered;
- (2) A description of how each error causes the department’s decision to be unlawful, unjust, or unreasonable, in respect to jurisdiction, authority, or observance of the law, an abuse of discretion, or is arbitrary or capricious;
- (3) A concise statement outlining the factual findings, reasoning, or legal conclusion proposed by the moving party;
- (4) The relief being requested; and
- (5) Any argument or memorandum of law the moving party wishes to file in support of the request.
- (c) A party opposing a motion for reconsideration, rehearing, or clarification shall file its response within 7 days of the filing of the motion. Failure to reply to a motion for reconsideration, rehearing, or clarification within the time allowed shall constitute a waiver of objection to the motion but shall not in and of itself constitute grounds for granting the motion.
- (d) Reconsideration, rehearing, or clarification shall be granted only in those instances where the hearing officer determines that there is clearly a mistake or that clarification is needed.
- (e) The filing of such a request shall not suspend any portion of the decision or the 30 day period for filing an appeal to the compensation appeals board for workers' compensation decisions, or suspend any other time limit or any other appeal method allowed by statute.
Source. #8922-A, eff 7-1-07; ss by #14534, eff 3-12-26