§2554.41. Can a party request reconsideration of the initial decision?
45 C.F.R. § 2554.41
Any party may file a motion for reconsideration of the initial decision with the ALJ within 20 days of receipt of the initial decision. If the initial decision was served by mail, there is a rebuttable presumption that the initial decision was received by the party 5 days from the date of mailing.
A motion for reconsideration must be accompanied by a supporting brief and must describe specifically each allegedly erroneous decision.
Any response to a motion for reconsideration will only be allowed if it is requested by the ALJ.
The ALJ will dispose of a motion for reconsideration by denying it or by issuing a revised initial decision.
If the ALJ issues a revised initial decision upon motion of a party, that party may not file another motion for reconsideration.
Notes, amendments, and revision history
Authority
Authority: Pub. L. 99-509, Secs. 6101-6104, 100 Stat. 1874 (31 U.S.C. 3801-3812); 42 U.S.C. 12651c-12651d.
Source
Source: 72 FR 61912, Oct. 20, 2006, unless otherwise noted.