NAC455.430. Petition for reconsideration or rehearing.

     1. A petition for reconsideration must specifically:

     (a) Identify each portion of the challenged order which the petitioner deems to be unlawful, unreasonable or based on erroneous conclusions of law or mistaken facts; and

     (b) Cite those portions of the record, the law or the rules of the Commission which support the allegations in the petition. The petition may not contain additional evidentiary matter or require the submission or taking of evidence.

     2. A petition for rehearing must:

     (a) Allege that an order is in error because of an incomplete or inaccurate record.

     (b) Specifically set forth the nature and purpose of any additional evidence to be introduced.

     (c) Show that such evidence is not merely cumulative and could not have been introduced at the hearing.

     3. A petition for reconsideration or rehearing of an order must be filed with the Commission and served upon all parties to the complaint within 10 working days after the effective date of the order.

     4. An answer to a petition for reconsideration or rehearing may be filed with the Commission by any party to the complaint in the proceeding within 10 working days after the filing of the petition. The answer must be confined to the issues contained in the petition. The answer must be served upon all parties to the complaint. Proof of service must be attached to the answer.

     5. The Commission will grant or deny a petition for reconsideration or rehearing within 40 calendar days after the date of its filing. If no action is taken by the Commission within this time, the petition shall be deemed denied.

     6. Unless otherwise ordered by the Commission, the filing of a petition for reconsideration or rehearing or the granting of such a petition does not excuse compliance with, or suspend the effectiveness of, the challenged order.

     7. If the Commission grants a petition for reconsideration, the Commission will reexamine the record and order with regard to the issues on which reconsideration was granted and issue a modified final order or reaffirm its original order.

     8. If the Commission grants a petition for rehearing, the Commission will, within 20 calendar days thereafter, conduct a hearing to allow the parties to present additional evidence and will issue a modified final order or reaffirm its original order.

     9. A modified final order of the Commission issued upon reconsideration or rehearing will incorporate those portions of the original order which are not changed or modified by the modified final order. A modified final order is the final decision of the Commission.

     (Added to NAC by Pub. Utilities Comm’n by R156-03, eff. 8-25-2004; A by R029-11, 2-20-2013)