Section R4-44-115. Rehearing

A.      Any party aggrieved by a decision rendered by the Auditor General may file with the Auditor General or the hearing officer, not later than 15 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 to alter or amend a decision or order shall be filed not later than 15 days after service of the decision.

C.      A motion for rehearing under this rule may be amended at any time before it is ruled upon by the Auditor General.

D.      A response, if any, shall be filed and served within ten days after service of such motion.

E.       The Auditor General or the hearing officer may require the fil- ing of written memoranda upon the issues raised in the motion and may provide for oral argument.

F.       Any argument not raised in the request or in the response is waived.

G.      Rehearing of the decision may be granted for any of the rea- sons materially affecting the moving party’s rights:

1.        Irregularity in the proceedings before the Auditor General or hearing officer or an abuse of discretion by the Auditor General or hearing officer, whereby the moving party was deprived of a fair hearing;

2.        Misconduct of the Auditor General, staff or hearing officer, or the prevailing parties;

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; or

5.        A showing that the decision was not justified by the evi- dence or is contrary to law.

H.      An order granting rehearing shall specify with particularity the grounds on which the rehearing is granted and the rehearing shall cover only those matters so specified.

I.        The Auditor General or the hearing officer, within the time for filing a request for rehearing under this rule, may order a rehearing of the decision for any reason for which a rehearing might have been granted on application of a party.

J.        The Auditor General or the hearing officer may affirm or mod- ify the decision or grant a rehearing to all or any of the parties and on all or part of the issues for any of the reasons set forth above.

Historical Note

Adopted effective July 23, 1993 (Supp. 93-3).