---
kind: "section"
citation: "45 C.F.R. § 681.35"
title: "45"
number: "681.35"
heading: "Can a party request reconsideration of the initial decision?"
url: "https://uscodex.org/cfr/45/681.35"
---

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

- (a) 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.
- (b) A motion for reconsideration must be accompanied by a supporting brief and must describe specifically each allegedly erroneous decision.
- (c) Any response to a motion for reconsideration will only be allowed if it is requested by the ALJ.
- (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 motion of a party, no further motions for reconsideration may be filed by any party.

## Notes

### Source

Source: 74 FR 26794, June 4, 2009, unless otherwise noted.