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Last revision: April 10, 1992
§1614.407 Reconsideration.
(a) Within a reasonable period of time, the Commission may, in its
discretion, reconsider any decision of the Commission issued under
1614.405(a) notwithstanding any other provisions of this part.
(b) A party may request reconsideration of any decision issued
under 1614.405(a) provided that such request is made within 30 days
of receipt of a decision of the Commission or within 20 days of
receipt of another party's timely request for reconsideration. Such
request, along with any supporting statement or brief, shall be
submitted to the Office of Review and Appeals and to all parties with
proof of such submission. All other parties shall have 20 days from
the date of service in which to submit all other parties, with proof
of submission, any statement or brief in opposition to the request.
(c) The request or the statement or brief in support of the
request shall contain arguments or evidence which tend to establish
that:
(1) New and material evidence is available that was not readily
available when the previous decision was issued; or
(2) The previous decision involved an erroneous interpretation of
law, regulation or material fact, or misapplication of established
policy; or
(3) The decision is of such exceptional nature as to have
substantial precedential implications.
(d) A decision on a request for reconsideration by either party is
final and there is no further right by either party to request
reconsideration of the decision for which reconsideration was sought.