---
kind: "section"
citation: "43 C.F.R. § 4.761"
title: "43"
number: "4.761"
heading: "What are the requirements for filing a petition for reconsideration?"
url: "https://uscodex.org/cfr/43/4.761"
---

# §4.761. What are the requirements for filing a petition for reconsideration?

- (a) **Deadline to file.** A petition for reconsideration must be filed with the presiding officer within 30 days after the date of issuance of the final decision.
- (b) **Petition—** content. (1) A petition for reconsideration must allege a substantive error of fact or law in the final decision and must state specifically and concisely the grounds on which the petition is based.
  - (2) If the petition is based on evidence newly discovered after, or evidence that was unavailable before, issuance of the final decision, the petition must:
    - (i) Be accompanied by documentation of that evidence, including, but not limited to, one or more affidavits of a witness stating fully the content of the new evidence; and
    - (ii) **State the reasons for failure to discover and present that evidence before that date.**

## Notes

### Source

Source: 90 FR 2420, Jan. 10, 2025, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301, 503-504; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457; Pub. L. 99-264, 100 Stat. 61, as amended.

### Source

Source: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.