Compilation of Rules and Regulations of the State of Georgia
Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS
Chapter 616-1
Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE
Rule 616-1-2-.28 - Motions for Reconsideration or Rehearing

Universal Citation: GA Rules and Regs r 616-1-2-.28

Current through Rules and Regulations filed through March 20, 2024

(1) A motion for reconsideration or rehearing will be considered only if filed within ten (10) calendar days of the entry of the Decision. However, the time for filing such a motion may be extended by the Court for good cause.

(2) The filing of a motion for reconsideration or rehearing shall not operate as a stay of enforcement of the Decision, unless the Court finds that the public health, safety, and welfare will not be harmed by the issuance of a stay.

(3) When filing a motion for reconsideration or rehearing, the movant must set forth facts or law establishing why the Court should reverse its prior decision. A movant should avoid simply restating previous arguments already presented to the Court.

(4) In determining whether to grant a motion for reconsideration or rehearing, the Court shall consider

(a) whether the movant has set forth facts or law showing the discovery of new evidence;

(b) an intervening development or change in the controlling law; or

(c) the need to correct a clear error or prevent a manifest injustice.

(5) The Court shall not grant a motion for reconsideration or rehearing until after the expiration of the period for a response by any other party provided by Rule 16(2).

O.C.G.A. § 50-13-40.

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