---
kind: "section"
citation: "45 C.F.R. § 1174.35"
title: "45"
number: "1174.35"
heading: "Reconsideration of the initial decision."
url: "https://uscodex.org/cfr/45/1174.35"
---

# §1174.35. Reconsideration of the initial decision.

- (a) Any party may file a motion with the ALJ for reconsideration of the initial decision within twenty days of receipt of the initial decision. If the initial decision was served by mail, there is a rebuttable presumption that the party received the initial decision five days from the date of mailing.
- (b) A motion for reconsideration must be accompanied by a supporting brief and must describe specifically each allegedly erroneous decision.
- (c) A party only may file a response to a motion for reconsideration upon the ALJ's request.
- (d) The ALJ will dispose of a motion for reconsideration by denying it or by issuing a revised initial decision.
- (e) If the ALJ issues a revised initial decision upon a party's motion, no party may file a further motion for reconsideration.

## Notes

### Authority

Authority: 31 U.S.C. 3801-3812; 5 U.S.C. App. 8G(a)(2).

### Source

Source: 86 FR 44628, Aug. 13, 2021, unless otherwise noted.