2.02.170 Reconsideration of Examiner’s Decision.
(1) Any party to an appeal may file a written petition for reconsideration with the examiner within 10 calendar days following the date of the examiner’s written decision. The petitioner for reconsideration shall mail or otherwise provide a copy of the petition for reconsideration to all parties to the appeal on the date of filing. The timely filing of a petition for reconsideration shall stay the examiner’s decision until such time as the petition has been disposed of by the examiner.
(2) The grounds for seeking reconsideration shall be limited to the following:
(a) The examiner exceeded the examiner’s jurisdiction;
(b) The examiner failed to follow the applicable procedure in reaching the examiner’s decision;
(c) The examiner committed an error of law;
(d) The examiner’s findings, conclusions, and/or conditions are not supported by the record; or
(e) New evidence is discovered which could not reasonably have been produced at the appeal hearing and which is material to the decision.
(3) The petition for reconsideration must:
(a) Contain the name, mailing address, and daytime telephone number of the petitioner or petitioner’s representative, together with the signature of the petitioner or of the petitioner’s representative;
(b) Identify the specific findings, conclusions, actions, and/or conditions for which reconsideration is requested;
(c) State the specific grounds upon which relief is requested;
(d) Describe the specific relief requested; and
(e) Where applicable, identify the specific nature of any newly discovered evidence.
(4) The petition for reconsideration shall be decided by the same examiner who rendered the decision, if reasonably available. The examiner shall provide notice of the decision on reconsideration in accordance with SCC 2.02.160. Within 15 working days, the examiner shall:
(a) Deny the petition in writing;
(b) Grant the petition and issue an amended decision in accordance with the provisions of SCC 2.02.155 following reconsideration;
(c) Accept the petition and give notice to all parties to the appeal of the opportunity to submit written comment. Parties to the appeal shall have 10 calendar days from the date of such notice in which to submit written comments. Within 15 working days after the close of the comment period, the examiner shall either issue a decision in accordance with the provisions of SCC 2.02.155 or issue an order reopening hearing. If the hearing is reopened, the office shall mail notice not less than 15 calendar days prior to the hearing date to all parties of record; or
(d) Accept the petition and reopen the public hearing to consider new evidence, and/or the arguments of the parties. Notice of such reopened hearing shall be mailed by the office not less than 15 calendar days prior to the hearing date to all parties of record. The examiner shall issue a decision following the reopened hearing in accordance with the provisions of SCC 2.02.155.
(5) A decision which has been subjected to the reconsideration process shall not again be subject to reconsideration.
(6) The examiner may consolidate for action, in whole or in part, multiple petitions for reconsideration of the same decision where such consolidation would facilitate procedural efficiency. (Added by Ord. 02-098, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 13-043, June 19, 2013, Eff date June 30, 2013).