WAC 242-02-832   Reconsideration.  (1) After issuance of a final decision any party may file a motion for reconsideration with a board in accordance with subsection (2) of this section. Such motion must be filed within ten days of service of the final decision. The original and four copies of the motion for reconsideration shall be filed with the board. At the same time, copies shall be served on all parties of record. Within five days of filing the motion for reconsideration, a party may file an answer to the motion for reconsideration without direction or request from the board. A board may require other parties to supply an answer. All answers to motions for reconsideration shall be served on all parties of record.

     (2) A motion for reconsideration shall be based on at least one of the following grounds:

     (a) Errors of procedure or misinterpretation of fact or law, material to the party seeking reconsideration;

     (b) Irregularity in the hearing before the board by which such party was prevented from having a fair hearing; or

     (c) Clerical mistakes in the final decision and order.

     (3) In response to a motion for reconsideration, the board may deny the motion, modify its decision, or reopen the hearing. A motion is deemed denied unless the board takes action within twenty days of filing the motion for reconsideration. A board order on a motion for reconsideration is not subject to a motion for reconsideration.

     (4) A decision in response to the petition for reconsideration shall constitute a final decision and order for purposes of judicial review. Copies of the final decision and order shall be served by the board on each party or the party's attorney or other authorized representative of record.



[Statutory Authority: RCW 36.70A.270(7). 08-10-029, § 242-02-832, filed 4/28/08, effective 5/29/08; 00-09-094, § 242-02-832, filed 4/19/00, effective 5/20/00; 98-01-144, § 242-02-832, filed 12/19/97, effective 1/20/98; 97-04-008, § 242-02-832, filed 1/24/97, effective 3/1/97.]