§ 30.240 - How will the judge decide a petition for rehearing?

§ 30.240 How will the judge decide a petition for rehearing?

Cross Reference

Link to an amendment published at 86 FR 72087, Dec. 20, 2021.

(a) If proper grounds are not shown, or if the petition is not timely filed, the judge will:

(1) Issue an order denying the petition for rehearing and including the reasons for denial; and

(2) Furnish copies of the order to the petitioner, the agencies, and the interested parties.

(b) If the petition appears to show merit

(a) The judge may consider a petition as a petition for reopening if the petition for rehearing is not timely filed.

(b) The judge may summarily deny the petition based on the deficiencies of the petition. A summary denial is an order in which the judge denies the petition without deciding the merits of the issues raised in the petition and is warranted if:

(1) The petition alleges mere disagreement with a decision;

(2) The petition is based on newly discovered evidence and fails to meet the requirements of § 30.238(e); or

(3) The petition is based solely on issues or evidence described in § 30.238(d)(1) or (2).

(c) If the petition fails to show proper grounds for rehearing, the judge will issue an order denying the petition for rehearing and including the reasons for denials.

(d) If the petition shows proper grounds for rehearing, the judge must:

(1) Cause copies of the petition and

supporting

all papers filed by the petitioner to be served on

all

those persons whose interest in the estate

might

may be

adversely

affected if the petition is granted;

(2) Allow all persons served a reasonable, specified time in which to

submit answers or legal briefs in response

respond to the petition for rehearing; and

(3) Consider

,

with or without a hearing, the issues raised in the petition.

(

c

e) The judge may affirm, modify, or vacate the former decision.

(

d

f) On entry of a final order, including a summary denial, the judge must distribute the order

as provided in this part

to the petitioner, the agencies, and the interested parties. The order must include a notice stating that interested parties who are adversely affected, or BIA, have

a

the right to appeal the final order to the Board, within 30 days of the date on which the order was mailed, and giving the Board's address.

[73 86 FR 6728972087, NovDec. 13, 2008. Redesignated at 76 FR 7507, Feb. 10, 201120, 2021]