Md. Code Regs. 13A.01.05.10

Current through Register Vol. 51, No. 12, June 14, 2024

Section 13A.01.05.10 - Reconsideration

A. A party may file a request for reconsideration of a State Board decision within 30 days of the date of the decision using the method of filing prescribed by Regulation .01B(5)(a) of this chapter for initial appeals.

B. The party requesting the reconsideration shall send copies of the request to all other parties.

C. A response to a request for reconsideration may be filed within 15 days of the date the request for reconsideration was filed.

D. A decision on the request shall be made in the discretion of the State Board except that a decision may not be disturbed unless:

(1) The decision resulted from a mistake or error of law; or

(2) New facts material to the issues have been discovered or have occurred subsequent to the decision.

E. The State Board may refuse to consider any evidence that the party could have introduced while the appeal was pending.

F. The filing of a request for reconsideration does not stay the enforcement of the original decision.

G. The State Board may, in its discretion, abrogate, change, or modify the original decision.

Md. Code Regs. 13A.01.05.10

Regulation .10 amended effective 46:3 Md. R. 106, eff. 2/11/2019; amended effective 50:25 Md. R. 1088, eff. 12/25/2023