Petition for Reconsideration

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Petition for Reconsideration

Petition for Reconsideration

Before appealing the Board’s decision in Superior Court, you have the right to file a Petition for Reconsideration directly with the Board to plead with the Board to “reconsider” the discipline that was imposed. A Petition for Reconsideration can be used to plead with the Board to reduce the sanction or penalty, seek reinstatement of a revoked license, or reduce a period of probation.

Proactive Timing is Critical

After the ALJs Proposed Decision has been adopted by the Board, the disciplined licensee has just 30-days to submit a Petition for Reconsideration before the Decision becomes “effective” on the Decision’s effective date. However, it is crucial to note that time is of the essence: it is important to allow time for the Board to review and consider the Petition for Reconsideration. It is often important to submit a Request for Stay of the effective date of the Decision; the Board has the discretion to grant a stay of up to 30-days. This extra time can be critically important so that the administrative record can be obtained and reviewed in order to make arguments for why a reconsideration is warranted.

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