NAC354.938. Petition for reconsideration: Grounds; filing and contents; answer; grant or denial.

     1. A party who believes that a decision of the Committee, or any portion thereof, is:

     (a) Unlawful;

     (b) Unreasonable; or

     (c) Based on findings or conclusions that are erroneous,

Ê may file a petition for reconsideration. The petition must be filed with the Committee and served on all parties within 15 days after the date of service of the decision.

     2. A petition for reconsideration must:

     (a) Identify with precision each portion of the decision that the party alleges is unlawful, unreasonable or erroneous.

     (b) Cite with specificity those portions of the record, the statutes or the regulations that support the allegations in the petition. The petition must not include additional evidence or request the submission or taking of new evidence.

     3. A party may submit an answer in opposition to a petition for reconsideration. The answer must be filed with the Committee and served on all other parties within 5 days after the date of service of the petition for reconsideration. The answer must be limited to the issues raised in the petition for reconsideration.

     4. The Committee may grant or deny, in whole or in part, a timely filed petition for reconsideration within 60 days after the date of service of the final decision. If the Committee takes no action within that period, the petition shall be deemed to be denied.

     5. Unless otherwise provided by the Committee, the filing of a petition for reconsideration or the granting of such a petition by the Committee does not excuse compliance with or suspend the effectiveness of the challenged decision.

     6. If the Committee grants a petition for reconsideration, it will reexamine the decision and the record with regard to the issues on which it granted reconsideration. After this reexamination, the Committee will issue a modified final decision or reaffirm its original decision.

     7. A modified final decision incorporates all portions of the original decision not modified. A modified final decision, or the original decision if reaffirmed, is the final decision of the Committee.

     (Added to NAC by Com. on Local Gov’t Finance by R042-09, eff. 6-30-2010)