Rule 616-1-2-.28 - Motions for Reconsideration or Rehearing(1) A motion for reconsideration or rehearing will be considered only if filed within ten (10) calendar days of the entry of the Decision. However, the time for filing such a motion may be extended by the Court for good cause.(2) The filing of a motion for reconsideration or rehearing shall not operate as a stay of enforcement of the Decision, unless the Court finds that the public health, safety, and welfare will not be harmed by the issuance of a stay.(3) When filing a motion for reconsideration or rehearing, the movant must set forth facts or law establishing why the Court should reverse its prior decision. A movant should avoid simply restating previous arguments already presented to the Court.(4) In determining whether to grant a motion for reconsideration or rehearing, the Court shall consider (a) whether the movant has set forth facts or law showing the discovery of new evidence;(b) an intervening development or change in the controlling law; or(c) the need to correct a clear error or prevent a manifest injustice.(5) The Court shall not grant a motion for reconsideration or rehearing until after the expiration of the period for a response by any other party provided by Rule 16(2).Ga. Comp. R. & Regs. R. 616-1-2-.28
O.C.G.A. § 50-13-40.
Original Rule entitled "Motions for Reconsideration or Rehearing; Stay of Initial Decision" adopted. F. June 30, 1995; eff. July 20, 1995.Amended: F. Feb. 27, 1997; eff. Mar. 19, 1997.Amended: Rule retitled "Motions for Reconsideration or Rehearing; Stay of Initial or Final Decision". F. Dec. 12, 2003; eff. Jan. 1, 2004.Amended: F. Nov. 15, 2010; eff. Dec. 5, 2010.Amended: New title "Motions for Reconsideration or Rehearing." F. June 22, 2020; eff. July 12, 2020.