§ 21.29. Finality; reconsideration.
(a) An order disposing of an investigation will be a final order when issued. Public release of the order will occur 30 days after the date of issuance, unless reconsideration is requested within that 30-day time period.
(b) A party may ask the Commission to reconsider an order or opinion within 30 days of service of the order or opinion. The requester shall present a detailed explanation setting forth the reason why the order or opinion should be reconsidered.
(c) A request for reconsideration filed with the Commission will delay the public release of an order, but will not suspend the final order unless reconsideration is granted by the Commission.
(d) A request for reconsideration may include a request for a hearing before the Commission.
(e) Reconsideration may be granted at the discretion of the Commission if:
(1) A material error of law has been made.
(2) A material error of fact has been made.
(3) New facts or evidence are provided which would lead to reversal or modification of the order or opinion and if these could not be or were not discovered by the exercise of due diligence.
(f) If the Commission grants reconsideration the Commission may do one or more of the following:
(1) Order new hearings.
(2) Schedule and conduct oral argument.
(3) Take other action or issue an order or opinion in final disposition of the case.
(g) Pending reconsideration or request for reconsideration, an order will remain confidential.
(h) An order which becomes final in accordance with this section will be available as a public document, but the files and records relating thereto will remain confidential.
(i) This section supersedes 1 Pa. Code § § 35.231—35.233 and 35.241 (relating to reopening of record; and application for rehearing or reconsideration).
Authority The provisions of this § 21.29 amended under 65 Pa.C.S. § 1107(1); and section 204(3) of the Commonwealth Documents Law (45 P.S. § 1204(3)).
Source The provisions of this § 21.29 amended May 5, 1995, effective May 6, 1995, 25 Pa.B. 1777; amended April 19, 2024, effective April 20, 2024, 54 Pa.B. 2077. Immediately preceding text appears at serial pages (346867) to (346868).
Cross References This section cited in 51 Pa. Code § 13.2 (relating to advice of counsel); 51 Pa. Code § 13.3 (relating to opinions); 51 Pa. Code § 21.25 (relating to conduct of the hearing); 51 Pa. Code § 25.4 (relating to appeal of determination); 51 Pa. Code § 43.2 (relating to Commission proceedings under section 1307 of the act); 51 Pa. Code § 43.4 (relating to noninvestigative process for late or deficient filings); 51 Pa. Code § 43.5 (relating to investigative process for late or deficient filings); 51 Pa. Code § 45.2 (relating to procedures for imposing prohibition against lobbying); 51 Pa. Code § 63.2 (relating to Commission proceedings regarding prohibited activities under section 13A07 of the act); 51 Pa. Code § 63.4 (relating to noninvestigative process for late or deficient filings); 51 Pa. Code § 63.5 (relating to investigative process for late or deficient filings); and 51 Pa. Code § 65.2 (relating to procedures for economic consideration).
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