Md. Code Regs. 26.01.02.38

Current through Register Vol. 51, No. 20, October 4, 2024

Section 26.01.02.38 - Reconsideration

A. Requests for Reconsideration.

(1) Within 14 days from the date the final decision maker serves a decision on a party, a party, including the Department, may request reconsideration of the decision.

(2) The application shall state the grounds for reconsideration.

(3) The final decision maker shall grant or deny the request within 10 calendar days of its submission or the request shall be deemed denied.

(4) In the discretion of the final decision maker, enforcement of an order may be stayed until disposition of a request for reconsideration.

B. The scope of any proceeding involving a request for reconsideration is within the discretion of the final decision maker, who may consider facts not presented in the original proceeding and facts arising after the time of the original proceeding, if the final decision maker is satisfied by a showing in advance of the proceeding that:

(1) The evidence is material; and

(2) There were good reasons for the failure to offer the evidence at the evidentiary hearing.

C. By a new order the final decision maker may change the original order.

D. A request for reconsideration is not a prerequisite to judicial review.

Md. Code Regs. 26.01.02.38

Regulations .38 adopted effective October 16, 1989 (16:20 Md. R. 2183)