45 CFR 1174.35
§ 1174.35 Reconsideration of the initial decision.
United States · 45 CFR — Public Welfare · Status: effective
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- Citation
- 45 CFR 1174.35, § 1174.35 Reconsideration of the initial decision, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/220552
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Full text
(a) Any party may file a motion with the ALJ for reconsideration of the initial decision within twenty days of receipt of the initial decision. If the initial decision was served by mail, there is a rebuttable presumption that the party received the initial decision five days from the date of mailing.
(b) A motion for reconsideration must be accompanied by a supporting brief and must describe specifically each allegedly erroneous decision.
(c) A party only may file a response to a motion for reconsideration upon the ALJ's request.
(d) The ALJ will dispose of a motion for reconsideration by denying it or by issuing a revised initial decision.
(e) If the ALJ issues a revised initial decision upon a party's motion, no party may file a further motion for reconsideration.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.