25 CFR 581.6 – How do I file a motion for reconsideration?
(a) Motions for reconsideration may be made only for final decisions on appeal and will only be granted if a party can establish that:
Terms Used In 25 CFR 581.6
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
(1) New and material evidence is now available that, despite the party’s due diligence, was not available when the record closed;
(2) The final decision was based on an erroneous interpretation of law or there has been an intervening change in the controlling law; or
(3) A manifest injustice, clearly apparent or obvious on its face, will occur if the motion for reconsideration is not granted.
(b) A motion for reconsideration and accompanying brief shall be filed within 30 days of the date of the Commission’s final decision and shall be served on all parties, limited participants, and intervenors, if any. A motion for reconsideration shall explain the circumstances requiring reconsideration.
(c) A party may file only one motion and accompanying brief for reconsideration.
(d) Opposition briefs shall be filed within 20 days after the motion is filed.
(e) A reply brief to the brief in opposition shall be filed within 15 days of service of the brief in opposition.
(f) The Commission shall issue a decision on reconsideration within 30 days of the filing of the reply brief or of the expiration of the time to file a reply brief, whichever is later. The Commission shall issue a brief statement of the reason(s) for its decision.
(g) If the Commission grants the motion, it may reverse or modify the decision, in whole or in part, from which reconsideration is sought or may remand to the Chair for further consideration.
(h) The filing of a motion for reconsideration will not stay the effect of any decision or order and will not affect the finality of any decision or order for purposes of judicial review, unless so ordered by the Commission.