NAC599B.810. Rehearing.

     1. If a petition for judicial review of the decision has not been filed, upon written application by a party not more than 15 days after service of a copy of the decision and order, a rehearing may be ordered upon such terms and conditions as the hearing officer considers just and proper.

     2. An application for rehearing must not be granted except upon a showing that:

     (a) A party was not properly served with a notice to appear;

     (b) There is additional evidence which is material, necessary and reasonably calculated to change the decision of the hearing officer and that good cause existed for the failure to present that evidence at the hearing;

     (c) A material fact or point of law was overlooked or misconstrued as set forth in the decision; or

     (d) There has been a change in the laws affecting the decision.

     3. The application for rehearing must:

     (a) Be supported by an affidavit of the party or his counsel showing cause for failing to appear or failing to present the evidence at the hearing;

     (b) State with particularity:

          (1) The reason why the additional evidence is necessary and material and why the additional evidence was not introduced at the hearing; or

          (2) The material fact or point of law which, in the opinion of the party, has been overlooked or misconstrued;

     (c) Contain every argument in support of the position of the party that he desires to present;

     (d) Not exceed 10 pages in length; and

     (e) Be served upon the opposing party at least 10 days before the date of the rehearing.

     4. Matters already presented in briefs or oral arguments may not be reargued in the application for rehearing. No point may be raised for the first time in an application for rehearing.

     5. A party may file and serve an answer to the application for rehearing. The answer must be filed not more than 5 days after the party receives the application for rehearing.

     6. An application for rehearing does not operate to stay the order or excuse compliance with or suspend the effectiveness of the challenged order, except as otherwise ordered by the commissioner or director.

     7. An application for rehearing does not toll the time for filing a petition for judicial review.

     8. Oral argument on an application for rehearing must not be allowed.

     9. If an application is granted, upon rehearing, rebuttal evidence to the additional evidence must be allowed. After rehearing, the commissioner or director may modify his decision and order as the additional evidence may warrant.

     (Added to NAC by Comm’r of Consumer Affairs by R123-98, eff. 2-23-99)