MAYOR AND EXECUTIVE AGENCIES - OFFICE OF ADMINISTRATIVE HEARINGS: RULES OF PRACTICE AND PROCEDURE - REQUESTING RECONSIDERATION, A NEW HEARING, OR RELIEF FROM A FINAL ORDER


Published: 2016-04-29

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2828 REQUESTING RECONSIDERATION, A NEW HEARING, OR RELIEF FROM A FINAL ORDER

2828.1 This section contains Rules about how to ask an Administrative Law Judge to change a final order after it has been issued or to request a new hearing whether or not a final order has been issued. Errors or omissions are not a sufficient basis for a new hearing or to change an order if the errors are harmless.

2828.2 No motion filed under this section stays the final order or otherwise affects a party’s obligations to comply with the final order, unless an Administrative Law Judge orders otherwise.

2828.3 Within ten (10) calendar days after a final order has been served, any party may file a motion asking the Administrative Law Judge to change the final order. Such a motion is a “motion for reconsideration or for a new hearing.” The movant shall state whether an appeal has been filed. If an appeal has been filed, OAH has no jurisdiction to decide the motion absent a remand for that purpose.

2828.4 If any party files a motion for reconsideration or for a new hearing within the ten (10) calendar day deadline, the time for seeking judicial review of a final order does not start to run until the Administrative Law Judge rules on the motion, or the motion is denied as a matter of law under Subsection 2828.15.

2828.5 If any party files a motion for reconsideration or for a new hearing before a final order is issued or within the ten (10) calendar day deadline of Subsection 2828.3, and where substantial justice requires, the Administrative Law Judge may change the final order or schedule a new hearing for any reason including, but not limited to, the following:

(a) The party filing the motion did not attend the hearing, has a good reason for not doing so, and states an adequate claim or defense;

(b) The party filing the motion did not file a required answer to a Notice of Infraction or Notice of Violation or did not file some other required document, has a good reason for not doing so, and states an adequate claim or defense;

(c) The final order contains an error of law;

(d) The final order’s findings of fact are not supported by the evidence; or

(e) New evidence has been discovered that previously was not reasonably available to the party filing the motion.

2828.6 An Administrative Law Judge shall treat any motion asking for a change in a final order as a motion for reconsideration or for a new hearing if it is filed within the ten (10) calendar day deadline specified in Subsection 2828.3, regardless of the title that a party gives to that motion.

2828.7 After the ten (10) calendar day deadline, a party may file a motion asking the Administrative Law Judge to change the final order. A motion filed under this Subsection is a “motion for relief from the final order.” The movant shall state whether an appeal has been filed. If an appeal has been filed, OAH has no jurisdiction to decide the motion absent a remand for that purpose.

2828.8 Any motion for relief from the final order has no effect on the deadline for seeking judicial review of the final order.

2828.9 Any motion for relief from the final order must be filed within one hundred twenty (120) calendar days after service of the final order.

2828.10 On a motion for relief from the final order, an Administrative Law Judge may change the final order only if no appeal has been filed, and only for one or more of the following reasons:

(a) Mistake, inadvertence, surprise, or excusable neglect;

(b) Newly discovered evidence that by due diligence could not have been discovered in time to file a motion for reconsideration or for a new hearing within the ten (10) calendar day deadline;

(c) Fraud, misrepresentation, or other misconduct of an adverse party;

(d) The final order is void;

(e) A prior judgment on which the final order is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application;

(f) The party filing the motion did not attend the hearing, has a good reason for not doing so, and states an adequate claim or defense;

(g) The party filing the motion did not file a required answer to a Notice of Infraction, or Notice of Violation or did not file some other required document, has a good reason for not doing so, and states an adequate claim or defense; or

(h) For good cause shown, the Government may ask that a final order issued in its favor be set aside.

2828.11 An Administrative Law Judge shall treat any motion asking for a change in a final order as a motion for relief from the final order, if the motion is not filed within the ten (10) calendar day deadline specified in Subsection 2828.3, regardless of the title that a party gives to that motion.

2828.12 Any party filing any motion under this section must include a short and plain statement of all the reasons why the Administrative Law Judge should change the final order.

2828.13 An opposing party is not required to file a response to any motion under this section, unless an Administrative Law Judge orders a response. Before granting any motion under the section, an Administrative Law Judge must issue an order allowing the opposing party an opportunity to respond to the motion.

2828.14 If an Administrative Law Judge grants a motion filed under this section, he or she may:

(a) Order further submissions from the parties;

(b) Order the parties to appear for a hearing; or

(c) Issue a new final order that may or may not change the result in the case.

2828.15 An Administrative Law Judge should rule on any motion filed under this Section within forty-five (45) calendar days of its filing. If an Administrative Law Judge has not done so, the motion is denied as a matter of law. An Administrative Law Judge may extend the period once for an additional thirty (30) calendar days by issuing an order before the first forty-five (45) day period expires. After expiration of any applicable deadline, the Administrative Law Judge, in his or her discretion, may issue a statement of reasons for denying the motion, but any such statement has no effect on the time for seeking judicial review or filing any other appeal.

2828.16 If the motion has been denied as a matter of law under Subsection 2828.15, OAH shall send written notice to the parties.

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016).