Section R10-1-107. Rehearing

A.      Either party to an appeal by an Assistant Attorney General from his or her dismissal who is aggrieved by a decision ren- dered in such appeal may file with the Personnel Review Com- mittee, not later than ten days after service of the decision, a written motion for rehearing or review of the decision specify- ing the particular grounds therefor.

B.       A motion for rehearing under this rule may be amended at any time before it is ruled upon by the Personnel Review Commit- tee. A response may be filed within ten days after service of such motion or amended motion by any other party. The Per- sonnel Review Committee may require the filing of written briefs upon the issues raised in the motion and may provide for oral argument.

C.      A rehearing of the decision may be granted on any of the fol- lowing grounds materially affecting the moving party’s rights:

1.        Irregularity in the proceedings before the Personnel Review Committee or any order or abuse of discretion, whereby the moving party was deprived of a fair hearing;

2.        Misconduct of the Personnel Review Committee or the prevailing party;

3.        Accident or surprise which could not have been pre- vented by ordinary prudence;

4.        Newly discovered material evidence which could not with reasonable diligence have been discovered and pro- duced at the original hearing;

5.        Excessive or insufficient penalties;

6.        Error in the admission or rejection of evidence or other errors of law occurring at the hearing;

7.        A decision not justified by the evidence or contrary to law.

D.      The Personnel Review Committee may affirm or modify the decision or grant a rehearing as to all or part of the issues for any of the reasons set forth in subsection (C). An order grant- ing a rehearing shall specify with particularity the ground or grounds on which the rehearing is granted, and the rehearing shall cover only those matters so specified.

E.       The Personnel Review Committee, within the time for filing a motion for rehearing under this rule, may on its own initiative order a rehearing or review of its decision for any reason for which it might have granted a rehearing on motion of a party. After giving the parties notice and an opportunity to be heard on the matter, the Personnel Review Committee may grant a motion for rehearing, timely served, for a reason not stated in the motion. In either case, the order granting such a rehearing shall specify the ground therefor.

F.       When a motion for rehearing is based upon affidavits, they shall be served with the motion. The opposing party may within ten days after such service serve opposing affidavits.

Historical Note

Adopted effective July 27, 1983 (Supp. 83-4).