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Reconsideration of a hearing body’s decision regarding a Type III or Type IVA application, or the decision on an appeal of a Type II director’s decision, shall be subject to the following:

A. Any party of record may file, at their discretion, a written petition for reconsideration within 10 calendar days following the date of the hearing body’s written decision. The petition shall be filed with the director. The timely filing of a petition for reconsideration shall not stay the effective deadline for commencing administrative or judicial appeal of the hearing body’s decision and any administrative appeal filed on the application until such time as the reconsideration has been disposed of by the hearing body; provided, that if an administrative appeal is timely commenced, such appeal shall be stayed pending final resolution of the petition for reconsideration.

1. The grounds for seeking reconsideration shall be limited to the following:

a. The hearing body exceeded its jurisdiction;

b. The hearing body failed to follow the applicable procedure in reaching its decision;

c. The hearing body committed an error of law or misinterpreted the applicable comprehensive plan, provisions of this code or other city or state law or regulation;

d. The hearing body’s findings, conclusions and/or conditions are not supported by substantial evidence in the record;

e. Newly discovered evidence alleged to be material to the hearing body’s decision which could not reasonably have been discovered or produced at the hearing; or

f. Minor changes to the application proposed by the applicant in response to deficiencies identified in the decision; provided, that the changes do not substantially modify the original proposal.

2. The petition for reconsideration must:

a. Contain the name, mailing address and daytime telephone number of the petitioner, together with the signature of the petitioner or of the petitioner’s attorney, if any;

b. Identify the specific findings, conclusions, actions and/or conditions for which reconsideration is requested;

c. Describe the specific relief requested including the specific reasons for which relief is requested;

d. Where applicable, identify the specific nature of any newly discovered evidence and/or changes proposed by the applicant; and

e. Contain a statement that the petitioner has read the petition for reconsideration and believes the contents to be true, followed by the petitioner’s signature.

B. The petition for reconsideration shall be deemed to have been denied if one of the actions specified in subsection C of this section has not been taken within 30 working days of the end of the reconsideration period established in subsection A of this section.

C. The petition for reconsideration shall be disposed of in writing by the same hearing body who rendered the decision. The hearing body may at its discretion:

1. Deny the petition; or

2. Grant the petition and issue an amended decision in accordance with the provisions of BMC 11.12.007 following reconsideration; or

3. Accept the petition and give all parties of record the opportunity to submit written comment. Notice of the filing, together with a copy of the petition for reconsideration shall be sent to all parties of record. Parties shall have 10 working days from the date of the reconsideration notice to submit written comments. Within 14 calendar days after the close of the comment period, the hearing body shall either issue a decision in accordance with the provisions of BMC 11.12.007 or issue an order setting the matter for further hearing in accordance with subsection (C)(4) of this section; or

4. Accept the petition and set the matter for further open record public hearing to consider new evidence, proposed changes in the application and/or the arguments of the parties. Notice of such further hearing shall be mailed not less than 21 days prior to the hearing date to all parties of record. The hearing body shall issue a decision following the further hearing in accordance with the provisions of this chapter.

D. A decision which has been subjected to the reconsideration process shall not again be subject to reconsideration.

E. The hearing body may consolidate for action, in whole or in part, multiple petitions for reconsideration of the same decision where such consolidation would facilitate procedural efficiency. (Ord. 1871 § 1, 2002; Ord. 1815 § 1, 2000).