Current through Register Vol. 54, No. 45, November 9, 2024
Section 1021.152 - Reconsideration of final orders(a) A petition for reconsideration of a final order shall be filed within 10 days of the date of the final order. A party may file a memorandum of law at the time the petition or response is filed. Reconsideration is within the discretion of the Board and will be granted only for compelling and persuasive reasons. These reasons may include the following:(1) The final order rests on a legal ground or a factual finding which has not been proposed by any party.(2) The crucial facts set forth in the petition: (i) Are inconsistent with the findings of the Board.(ii) Are such as would justify a reversal of the Board's decision.(iii) Could not have been presented earlier to the Board with the exercise of due diligence.(b) A copy of the petition shall be served upon all parties simultaneously with and in the same manner as the filing of an appeal with the Board. A party wishing to file an answer may do so within 10 days of service or as ordered by the Board.(c) Subsections (a) and (b) supersede 1 Pa. Code §35.241 (relating to application for rehearing or reconsideration).The provisions of this §1021.152 adopted June 28, 2002, effective 6/29/2002, 32 Pa.B. 3085; amended October 6, 2017, effective 10/7/2017, 47 Pa.B. 6205.The provisions of this §1021.152 amended under section 5 of the Environmental Hearing Board Act (35 P.S. § 7515).