[Code of Federal Regulations]
[Title 6, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 6CFR13.38]

[Page 66]
 
                       TITLE 6--HOMELAND SECURITY
 
   CHAPTER I--DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY
 
PART 13_PROGRAM FRAUD CIVIL REMEDIES--Table of Contents
 
Sec.  13.38  Reconsideration of Initial Decision.

    (a) Except as provided in paragraph (d) of this section, any party 
may file a motion for reconsideration of the Initial Decision within 20 
days of receipt of the Initial Decision. If service was Made by mail, 
receipt will be presumed to be five days from the date of mailing in the 
absence of contrary proof.
    (b) Every such motion must set forth the matters claimed to have 
been erroneously decided and the nature of the alleged errors. Such 
motion will be accompanied by a supporting brief.
    (c) Responses to such motions will be allowed only upon request of 
the ALJ.
    (d) No party may file a motion for reconsideration of an Initial 
Decision that has been revised in response to a previous motion for 
reconsideration.
    (e) The ALJ may dispose of a motion for reconsideration by denying 
it or by issuing a revised Initial Decision.
    (f) If the ALJ denies a motion for reconsideration, the Initial 
Decision will constitute the final decision of the Authority Head and 
will be final and binding on the parties 30 days after the ALJ denies 
the motion, unless the Initial Decision is timely appealed to the 
Authority Head in accordance with Sec.  13.39.
    (g) If the ALJ issues a revised Initial Decision, that decision will 
constitute the final decision of the Authority Head and will be final 
and binding on the parties 30 days after it is issued, unless it is 
timely appealed to the Authority Head in accordance with Sec.  13.39.