NAC561.580. Petition for reconsidering or rehearing of decision.

     1. Any petition for reconsidering or rehearing an order or decision of the Board or Department in a contested case must be filed with the Board or Department, and served on the other party, within 10 days after the effective date of the order or decision.

     2. A petition for reconsideration or rehearing must include:

     (a) A statement of the specific grounds upon which relief is requested; and

     (b) If the party seeks to present new evidence, a statement of the cause for failure to introduce the proposed new evidence in the original proceeding and a detailed description of the evidence.

     3. A response to the petition must be filed with the Board or Department, and served on the petitioning party, within 5 days after service of the petition.

     4. If the hearing is under the jurisdiction of the Board, the Board may designate one of its members or a hearing officer to rule on the petition for reconsideration or rehearing. If the hearing is under the jurisdiction of the Department, the Director will rule on the petition for reconsideration or rehearing. The decision will be made within 15 days after the petition is filed. If a petition for reconsideration or rehearing is granted, the order granting the petition will state the time, date and place of the new hearing and the grounds upon which the petition is granted.

     5. The filing of a petition for reconsideration or rehearing:

     (a) Does not stay the decision of the Board or Department.

     (b) Tolls the period in which an appeal must be filed until a final decision is made on the petition.

     (Added to NAC by Bd. of Agriculture, eff. 2-20-96)