Petition for RehearingA Petition for Rehearing may be filed by either party only after a hearing is held.
It must be filed (received) on or before thirty-five (35) days after the Registrar's Order is mailed to the parties.
The Petition for Rehearing should be filed with the Office of Administrative Hearings with a copy to the Registrar of Contractors, Legal Department.
A copy must be sent to the opposing party at the time the Petition for Rehearing is filed.
Pursuant to A.A.C. R4-9-120, 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.