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Title 2 . Administration
Chapter 36 . Public Information
Section 145. Reconsideration

2 AAC 36.145. Reconsideration

(a) On its own motion or at the request of a party, the board may order reconsideration of all or part of a decision or order issued in connection with an appeal. A party requesting reconsideration of a decision or order of the board must file that request with the board's secretary. If the administrator of the system is requesting reconsideration, the administrator must furnish proof that a copy of the request has been sent to the appellant. A request must be postmarked or delivered in person to the secretary within 30 days of the date that the decision or order is sent to the parties, unless the board finds good cause for a later filing.

(b) A request for reconsideration may not exceed five pages in length, exclusive of exhibits. Reconsideration will not be granted if it is sought merely for the purpose for obtaining a reargument of matters that have already been fully considered by the board. Rather a party seeking reconsideration must show that the board

(1) has overlooked, misapplied, or failed to consider a statute, decision, or principle that is directly controlling;

(2) has overlooked or misconceived some material fact or proposition of law; or

(3) has overlooked or misconceived a material question in the appeal.

(c) Any party may submit written opposition to a request for reconsideration. The opposition may not exceed five pages, exclusive of exhibits, and must be postmarked or delivered in person to the secretary of the board within 30 days of the date that the request for reconsideration is mailed or delivered to the other parties, unless the board finds good cause for a later filing.

(d) The board will schedule a time during a future meeting to consider a request for reconsideration. The board may allow the parties to present oral argument on the request, regardless of whether written opposition has been filed, or may elect to decide the request on the written request and any opposition. If the board decides to grant reconsideration, the board may

(1) reconsider the matter at the same meeting; or

(2) decide to take up the reconsideration at a future meeting.

(e) All decisions by the board with regard to a request for reconsideration will be reduced to writing and served upon the parties to an appeal.

History: Eff. 9/29/2001, Register 159

Authority: AS 14.25.022

AS 14.25.035

AS 14.25.037


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Last modified 7/05/2006