16.38—Reconsideration of initial decision.
(a)
Except as provided in paragraph (d) of this
section, any party may file a motion for
reconsideration of the initial decision within 20
days of receipt of the initial decision. If
service was made by mail, receipt will be presumed
to be five days from the date of mailing in the
absence of contrary proof.
(b)
Every such motion must set forth the
matters claimed to have been erroneously decided
and the nature of the alleged errors. Such motion
shall be accompanied by a supporting brief.
(d)
No party may file a motion for
reconsideration of an initial decision that has
been revised in response to a previous motion for
reconsideration.
(e)
The ALJ may dispose of a motion for
reconsideration by denying it or by issuing a
revised initial decision.
(f)
When a motion for reconsideration is made,
the time periods for appeal to the authority head
contained in § 16.38, and for finality of the
initial decision in § 16.36(d), shall begin on the
date the ALJ issues the denial of the motion for
reconsideration or a revised initial decision, as
appropriate.