Cal. Code Regs. tit. 20 § 1720

Current through Register 2024 Notice Reg. No. 21, May 24, 2024
Section 1720 - Reconsideration of Decision or Order
(a) Within 30 days after a decision or order is final, the Commission may on its own motion order, or any party may petition for, reconsideration thereof. A petition for reconsideration must specifically set forth either:
1) new evidence that despite the diligence of the moving party could not have been produced during evidentiary hearings on the case; or
2) an error in fact or change or error of law. The petition must fully explain why the matters set forth could not have been considered during the evidentiary hearings, and their effects upon a substantive element of the decision. In addition to being served on all parties as required by section 1211, the petition for reconsideration shall be filed with the chief counsel of the commission.
(b) The commission shall hold a hearing for the presentation of arguments on a petition for reconsideration and shall act to grant or deny the petition within 30 days of its filing. In the absence of an affirmative vote of three members of the commission to grant the petition for reconsideration, the petition shall be denied.
(c) If the commission grants a petition for reconsideration, or if on its own motion it orders reconsideration, then within 90 days, or within a longer period set by the commission for good cause stated, the commission shall hold a subsequent hearing, which may include the taking of evidence, and shall decide whether to change the decision or order. In the absence of an affirmative vote of three members of the commission to change the decision or order, it shall stand.
(d) The commission may stay the effective date of all or part of a decision or order pending reconsideration thereof. The commission shall specify the length of the stay, which shall expire no later than the end of the period for action upon reconsideration, as established in or pursuant to subdivision (c) of this section.

Cal. Code Regs. Tit. 20, § 1720

1. Amendment filed 1-28-81; effective thirtieth day thereafter (Register 81, No. 5).
2. Amendment filed 1-11-83; designated effective 2-1-83 pursuant to Government Code section 11346.2(d) (Register 83, No. 3).
3. New subsection (e) filed 8-10-93; operative 9-9-93 (Register 93, No. 33).
4. Amendment filed 3-28-2007; operative 3-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 13).
5. Amendment of subsection (a) filed 12-21-2015; operative 1-1-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 52).

Note: Authority cited: Sections 25218(e) and 25541.5, Public Resources Code. Reference: Section 25530, Public Resources Code.

1. Amendment filed 1-28-81; effective thirtieth day thereafter (Register 81, No. 5).
2. Amendment filed 1-11-83; designated effective 2-1-83 pursuant to Government Code section 11346.2(d) (Register 83, No. 3).
3. New subsection (e) filed 8-10-93; operative 9-9-93 (Register 93, No. 33).
4. Amendment filed 3-28-2007; operative 3-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 13).
5. Amendment of subsection (a) filed 12-21-2015; operative 1/1/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 52).