Reconsideration and Rehearing of Final Decision 448-01-30-65
(Revised 3/1/12 ML #3304)
- A request for rehearing of the final decision issued by the Executive Director of the Department of Human Services must be filed with the Appeals Supervisor within 15 days from the date of final decision.
- The request must be based upon new evidence indicating that an unjust or invalid determination has been made, or upon an allegation that the final decision was based on an incorrect interpretation of administrative rules and regulations.
When a request for rehearing is to permit presentation of additional evidence, the request shall:
- Describe the additional evidence;
- Show why it was not previously introduced; and
- Explain its materiality.
- The Executive Director of the Department of Human Services may deny the request for rehearing, reconsider the final decision without a rehearing or order a rehearing.
- A decision issued upon a request for rehearing is not appealable through the Department of Human Service. The applicant or recipient may appeal to district court within 30 days after the date of final order of the rehearing.
