D.C. Mun. Regs. r. 27-117

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 27-117 - RECONSIDERATION

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) I f the decision contains typographical, numerical, technical or other clear errors that are evident on their face; or

(d) I f the decision contains errors of fact or law, except that parties shall not present arguments substantially identical to those already presented to 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 Subsection 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 no later than seven (7) days after the motion is served.

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.

D.C. Mun. Regs. r. 27-117

Final Rulemaking published at 49 DCR 2078 (March 8, 2002); amended by Final Rulemaking published at 67 DCR 1734 (4/6/2020)