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.