§ 5.60.030. Reconsideration.

A.

When a complaint has been closed pursuant to sections 5.60.010C. or 5.60.020A.1.—5. of this title, the complainant may apply to the chair of the commission for reconsideration on the ground of a mistake in determination of a fact or in application of the law to the facts. The request for reconsideration shall be served on the respondent. If there is no documentation that the request for reconsideration was served on the respondent, the commission staff shall serve a copy on the respondent.

B.

An application for reconsideration must include a statement of the facts alleged to be erroneous or of the law alleged to be incorrectly applied and be filed within 15 days after service of the closure.

C.

The complainant may request an extension of time in which to apply for reconsideration. The request must be filed with the chair of the commission within 15 days after service of the closure. The chair shall grant or deny the request within five days after it is received. Complainant will then be notified, in writing, if the request for an extension of time to apply for reconsideration is granted or denied.

D.

The chair shall determine whether a request for reconsideration is timely. If the request is timely, the chair shall appoint a reconsideration panel of three commissioners to review the investigative and reconsideration files. Neither party may present any new information or evidence during reconsideration without providing a reasonable explanation as to why, with due diligence, the newly discovered information or evidence could not have been discovered and submitted to the investigator during the investigation. If the reconsideration panel determines there is a reasonable explanation for a delay in the submission of new evidence, the panel may receive argument and evidence, request additional evidence or take other appropriate action in the course of reaching a decision.

E.

If the request for reconsideration is granted, the matter shall be remanded to the executive director with directions for further action.

F.

If the request for reconsideration is denied, an order shall be issued sustaining the dismissal.

G.

The reconsideration panel shall meet and grant or deny reconsideration within 30 days of receipt of complainant's request. This 30-day period may be extended upon notice to the complainant. After the panel has made their determination, notice shall be sent to the parties.

(AR No. 92-223(S); AR No. 96-174, § 6, 10-22-96; AO No. 2002-163, § 16, 1-7-03)

Note— Formerly AMCR 5.40.006. See the Code Comparative Table.