13A.12.05.07

.07 Reconsideration of a Decision.

A. A party aggrieved by the decision may file a written request for reconsideration with the State Superintendent of Schools within 30 calendar days after the decision has been rendered.

B. The party requesting reconsideration shall serve copies of the request on all other parties.

C. A response to a request for reconsideration shall be filed within 15 calendar days of the date of service.

D. Action on the application for reconsideration shall lie in the discretion of the State Superintendent of Schools, except that a decision may not be disturbed unless there is sufficient indication in the application that new facts material to the issues have been discovered or have occurred after the decision.

E. The State Superintendent of Schools may refuse to consider facts that the party could have produced at the hearing.

F. A grant of the application for reconsideration shall stay the enforcement of the original decision.

G. The State Superintendent of Schools may remand the case to the administrative law judge.