§ 50–2303.11. Reconsideration.

(a) A person found liable at a hearing conducted pursuant to subchapters II and III, including a hearing involving the suspension or revocation of a license or privilege to drive, shall be entitled to reconsideration of the matter if a written application is received by the Department or is postmarked within 30 calendar days of the date of a finding of liability.

(b) The application for reconsideration shall set forth one or more of the following grounds:

(1) Newly discovered or newly available relevant evidence;

(2) Need for additional evidence to establish a defense;

(3) Probable error committed by the hearing examiner in the proceeding, including failure to judicially notice a fact on which the decision of the hearing examiner rests or failure to inform the respondent of a judicially noticed fact on which the decision of the hearing examiner rests; and

(4) Need for further consideration of the issues.

(d) On reconsideration, the matter may be reviewed by the hearing examiner who reviewed the matter initially or may be referred to another hearing examiner, should the Chief Examiner make this determination.

(e) If an application for reconsideration is timely submitted, the 30-day time period for filing an appeal to the appeals board shall begin on the date that the reconsideration decision is served in accordance with § 50-2304.04.

(f) A person shall not have an opportunity to appeal a finding of liability by a hearing examiner to the appeals board unless the person’s liability is affirmed upon reconsideration; provided, that a denial by a hearing examiner of a motion to vacate a finding of liability based on a failure to appear at a scheduled hearing under § 50-2302.06(b) or a deemed admission under § 50-2302.05(e) or § 50-2303.05(d)(2) shall be appealed directly to the appeals board.

(g) Failure by a hearing examiner to issue a decision within 180 calendar days after receipt of an application for reconsideration shall be deemed a decision in favor of the applicant.