§ 4.761 What are the requirements for filing a petition for reconsideration?

(a) Deadline to file. A petition for reconsideration must be filed with the presiding officer within 30 days after the date of issuance of the final decision.

(b) Petition content.

(1) A petition for reconsideration must allege a substantive error of fact or law in the final decision and must state specifically and concisely the grounds on which the petition is based.

(2) If the petition is based on evidence newly discovered after, or evidence that was unavailable before, issuance of the final decision, the petition must:

(i) Be accompanied by documentation of that evidence, including, but not limited to, one or more affidavits of a witness stating fully the content of the new evidence; and

(ii) State the reasons for failure to discover and present that evidence before that date.