Request for Reconsideration

(1) A party aggrieved by a decision issued pursuant to M.G.L. c. 151A, § 12 or M.G.L. c. 151A, § 39(b) may file a request for reconsideration of said decision with the Commissioner, provided that no application for review has been filed pursuant to M.G.L. c. 151A, § 12 or M.G.L. c. 151A, § 40. (2) A partywho files a request for reconsideration shall mail a copy of said request to every other party to the original hearing. Within 20 days from mailing of the notice, any party so notified may file with the Commissioner a written statement giving the reasons for not allowing reconsideration and shall mail a copy to the party requesting reconsideration. (3) A request for reconsideration must be in writing, include a statement of the specific reasons reconsideration should be allowed and indicate that a copy of the request was mailed to every other party to the original hearing. (4) A request for reconsideration must be filed with the Commissioner no earlier than 30 days and no later than one year from the mailing date of the original decision. (5) In determining whether a party has timely filed a request for reconsideration or a response to a request for reconsideration, the provisions of 801 CMR 1.02(4)(a) shall apply. (6) The filing of a request for reconsideration shall not stay the running of the appeal period provided by M.G.L. c. 151A, § 12 or M.G.L. c. 151A, § 40. (7) If the Commissioner reconsiders the decision on his own motion, the 30 day period provided in 430 CMR 4.33(4) shall not apply. In such circumstances, the Commissioner shall give notice together with his reasons for reconsidering the decision, to all parties to the original hearing. The parties shall have 20 days from the mailing of the notice to submit in writing to the Commissioner, with a copy to the other party, a statement of the reasons reconsideration should be allowed or denied.