1. (a) A petition for reconsideration of a final order shall be filed within 10 days of the date of the final order. A party may file a memorandum of law at the time the petition or response is filed. Reconsideration is within the discretion of the Board and will be granted only for compelling and persuasive reasons. These reasons may include the following:

   1. (1) The final order rests on a legal ground or a factual finding which has not been proposed by any party.

   2. (2) The crucial facts set forth in the petition:

      1. (i) Are inconsistent with the findings of the Board.
      2. (ii) Are such as would justify a reversal of the Board’s decision.
      3. (iii) Could not have been presented earlier to the Board with the exercise of due diligence.
2. (b) A copy of the petition shall be served upon all parties simultaneously with and in the same manner as the filing of an appeal with the Board. A party wishing to file an answer may do so within 10 days of service or as ordered by the Board.

3. (c) Subsections (a) and (b) supersede 1 Pa. Code § 35.241 (relating to application for rehearing or reconsideration).

   Comment: This provides a shorter time than the standard motions practice, since reconsideration must be granted within 30 days under Pa.R.A.P. 1701. The Board’s period for reconsideration of final orders will run contemporaneously with the 30-day right of appeal to Commonwealth Court.

Authority

The provisions of this § 1021.152 amended under section 5 of the Environmental Hearing Board Act (35 P.S. § 7515).

Source

The provisions of this § 1021.152 adopted June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended October 6, 2017, effective October 7, 2017, 47 Pa.B. 6205. Immediately preceding text appears at serial page (372843).