Page 6
(2) The determination by the hearing committee is the final administrative determination by the Department to be afforded to the petitioner. K. Motion for Reconsideration (1) Any party aggrieved by a final order may, within ten (10) days of the service of the order, file a written Motion for Reconsideration, which shall specify in detail the grounds for relief sought and supporting authorities. The OAH may order a reconsideration on its own motion within ten (10) days after the service of the final order. (2) The filing of a motion for reconsideration shall not suspend or delay the effective date of the order, and the order shall take effect on the date fixed by the Office of Administrative Hearings and shall continue in effect unless the motion is granted or until the order is superseded, modified, or set aside as provided by law. (3) The Motion for Reconsideration will be granted only on the basis of: (a) a material error of law; (b) a material error of fact; or (c) the discovery of new evidence sufficiently strong to reverse or modify the order, which could not have been previously discovered by due diligence. (4) The Office of Administrative Hearings may order a rehearing or enter an order with reference to the motion without ordering a hearing, and shall dispose of the motion within thirty (30) days after it is filed. (5) If the Office of Administrative Hearings determines, in its discretion, that a rehearing is necessary, the matter shall be set for further proceedings as soon as practicable. (6) If after such rehearing, it appears that the original decision, order, or determination is in any respect unlawful or unreasonable, the hearing officer/committee may reverse, change, modify, or suspend the same accordingly. Any decision, order or determination made after such reconsidera- tion, reversing, changing, modifying or suspending the original determination shall have the same force and effect as the original decision, order, or determination. L. Record After the Final Decision The record of the contested case shall contain: (1) all correspondence, pleadings, motions, rulings and deposition transcripts filed with OAH; (2) all scheduling notices; (3) all evidence received or considered and proffers of evidence excluded; (4) a statement of matters judicially noticed; (5) the hearing officer’s final decision; (6) the tape of the testimony taken during the proceeding and the transcript if prepared. M. Appeal and Request for Transcript (1) The final decision rendered by the OAH is subject to administrative or judicial review as provided by law. (2) Upon filing a petition for review to the appropriate authority, the appellant shall request that the OAH prepare the transcript and enclose a copy of the petition for review. (3) Either party may request that the OAH prepare the transcript in a case that has not been appealed. (4) Within thirty (30) days of receipt of a request to prepare the transcript, the OAH shall transmit a copy of the record along with the transcript of the hearing to counsel for the Department of Social Services, the appellant and the appropriate appellate body. (5) Upon request, an individual other than a party to the hearing, which is not otherwise confidential by statute, may receive a copy of the tape of the hearing for a reasonable fee. N. Confidentiality