Legal Issues
Petition for Rehearing
A Petition for Rehearing may be filed by either party.
It must be filed (received) on or before thirty-five (35) days after the Registrar’s Order is mailed to the parties.
If the Registrar’s Order is a
default order (issued as a result of the Respondent’s failure to file a timely
written answer to the complaint) then the Petition for Rehearing should be filed with the Registrar of Contractors, Legal Department.
If the Registrar’s Order is in a case that went to hearing before an administrative law judge, then the Petition for Rehearing should be filed with the
Office of Administrative Hearings
with a copy to the Registrar of Contractors, Legal Department.
In either case, a copy must be sent to the opposing party at the time the Petition for Rehearing is filed.
The following are the only valid grounds (reasons) for granting a rehearing:
- Irregularity in the administrative proceedings of the agency or its hearing officer or the prevailing party, or any order or abuse of discretion, whereby the moving party was deprived of a fair hearing;
- Misconduct of the Registrar of Contractors or its hearing officer or the prevailing party;
- Accident or surprise which could not have been prevented by ordinary prudence;
- Newly discovered material evidence which could not with reasonable diligence have been discovered and produced at the original hearing;
- Excessive or insufficient penalties;
- Error in the admission or rejection of evidence or other errors of law occurring at the administrative hearing;
- That the decision is not justified by the evidence or is contrary to law.
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