Current through Register Vol. 54, No. 50, December 14, 2024
Section 494a.8 - Rehearing or reconsideration(a) A party to a proceeding may file an application for rehearing or reconsideration by filing a motion within 15 days after the final order of the Board.(b) Filing a motion for rehearing or reconsideration does not toll or stay the 30-day appeal period.(c) The motion must state concisely the alleged errors in the adjudication or other order of the Board. If a final order or other order of the Board is sought to be vacated, reversed or modified by reason of matters that have arisen since the hearing and decision or order, or by reason of a consequence that would result from compliance therewith, the matters relied upon by the petitioner must be set forth in the motion.(d) Answers to motions for rehearing or reconsideration will not be entertained by the Board. If the Board grants the rehearing or reconsideration, an answer may be filed by a participant within 15 days after the issuance of the order granting rehearing or reconsideration. The response will be confined to the issues upon which rehearing or reconsideration has been granted.(e) If the Board does not act upon the motion for rehearing or reconsideration within 30 days after it is filed, the motion will be deemed to have been denied.(f) This section does not apply to proceedings resulting in any final order, determination or decision of the Board involving the approval, issuance, denial or conditioning of licensed entity applications which are subject to the appellate requirements of 4 Pa.C.S. § 1204 (relating to licensed gaming entity application appeals from board).(g) This section supersedes 1 Pa. Code §35.241 (relating to application for rehearing or reconsideration).The provisions of this § 494a.8 amended July 10, 2009, effective 7/11/2009, 39 Pa.B. 3446; amended February 1, 2013, effective 2/2/2013, 43 Pa.B. 660.The provisions of this § 494a.8 amended under 4 Pa.C.S. §§ 1202(b)(30), 1205 and 1207(2) and (9).