Section 1790.660  Reconsideration of Board's Decision

a)         Within 30 days after service of the Board's final decision under Section 1790.650, the Panel or the law enforcement officer may file a written motion for reconsideration and supporting brief with the Review Committee. The motion for reconsideration shall specify the particular grounds for reconsideration.

b)         The non-moving party may respond to the motion for reconsideration within 21 days. The Review Committee shall only address the issues raised by the parties.

c)         Briefs. Each brief shall:

1)         Set forth specifically the questions of procedure, fact, law or policy to which objection is made;

2)         Identify that part of the ALJ's decision to which objection is made;

3)         Designate by precise citation of page the portions of the record relied on;

4)         Concisely state the grounds for the objection;

5)         Be limited to 15 pages, except that a party may file a motion with the ALJ who presided over the hearing to allow additional pages in the party's motion for reconsideration to the Review Committee;

6)         Include a specification of the questions involved and to be argued, together with a reference to the specific objections to which they relate; and

7)         Include an argument, presenting clearly the points of fact and law relied on in support of the position taken on each question, with specific page reference to the record and the legal or other material relied on.

d)         Any objection to a ruling, finding, conclusion, or recommendation that is not specifically stated shall be deemed to have been waived. Any brief in support of an objection that fails to comply with subsection (c) may be disregarded. Any brief in support of objections shall not refer to any matter not included within the scope of the objections and shall contain, in the recommendation indicated, a clear and concise statement of the case, containing all that is material to the consideration of the questions presented.

e)         The answering brief to the objections shall be limited to the questions raised in the objections and in the brief in support of the objections. It shall present clearly the points of fact and law relied on in support of the position taken on each question. When objection has been taken to a factual finding of the ALJ and the objection is proposed to support that finding, the answering brief should specify those pages of the record that, in the view of the party filing the brief, support the ALJ's finding.

f)         Requests for extension of time to file an answering brief to the motion for reconsideration shall be in writing and copies shall be served promptly on the other party.

g)         Any matter not included in the motion for reconsideration may not thereafter be raised to the Review Committee or in any further proceeding and is deemed waived in all related proceedings before the Board.

h)         The Review Committee may deny the motion for reconsideration, or it may grant the motion in whole or in part and issue a new final decision in the matter. In either case, the Review Committee must indicate the Review Committee's reasoning for its decision. The Review Committee must notify the law enforcement officer and their last employing law enforcement agency within 14 days of a denial and state the reasons for denial.