1.35.255 Request for reconsideration.
A. Time Period for Filing Request for Reconsideration. Within seven calendar days of the date of the hearing examiner’s decision, the appellant or the applicable department director may file, with the examiner, a written request for reconsideration. Such request shall specify the error of law or fact, or new evidence which could not have been reasonably available at the time of the hearing, which is the basis of the request. An appellant or department director may file only one request for reconsideration, even if the reconsidered decision modifies the hearing examiner’s initial decision.
B. Examiner’s Action on Request for Reconsideration.
1. Within seven days from the filing of a request for reconsideration, the examiner shall issue a written decision on the request. If the examiner decides to reconsider, the decision to reconsider shall be mailed to all who participated in the prior hearings no later than three days after the examiner’s decision.
2. The examiner shall determine whether to hold additional hearings on the matter. Notice of any additional hearings shall be mailed to all who participated in the prior hearings no later than seven days prior to the hearing.
3. The reconsidered decision shall be distributed to the appellant, the appropriate department director, and all who participated in the hearing(s).
C. Effect of Filing Request for Reconsideration. The filing of a request for reconsideration does not stay the appeal period provided in LMC 1.35.260. However, if the request for reconsideration is granted, the appeal period is stayed pending reconsideration. (Ord. 2071 § 2, 1996)