§681.35. Can a party request reconsideration of the initial decision?

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, no further motions for reconsideration may be filed by any party.