7.08.060 Reconsideration.
A. A hearing officer may reconsider a decision upon a petition for reconsideration of a party who filed a written argument. The petition for reconsideration shall be filed with the city clerk within five business days after the hearing officer’s decision has been mailed or personally served by the city clerk (or agent authorized by contract with the city).
B. The city clerk shall schedule a hearing for the hearing officer to review the motion for reconsideration within 15 calendar days after receipt of the request. The decision on the motion for reconsideration shall be based on the motion for reconsideration and any written response of the primary parties on the motion for reconsideration. Written responses shall be filed no less than five business days before the hearing. The hearing officer may also hear oral argument of the interested parties. In determining whether to reconsider the matter, no additional evidence shall be taken. A decision shall be reconsidered only if:
1. There was a clerical error in the decision;
2. The decision resulted from fraud or mistake; or
3. There is newly discovered evidence or a change in circumstances which, by due diligence, could not have been discovered before the original hearing.
C. If the petition for reconsideration is granted, the hearing officer shall decide the matter immediately or set the matter for rehearing within 10 calendar days.
D. For the purposes of appeal to the appropriate court:
1. Where the hearing officer denies the motion for reconsideration, the hearing officer’s decision on the motion for reconsideration is the final decision; and
2. Where the hearing officer grants the motion for reconsideration, the hearing officer’s decision on reconsideration is the final decision. (Ord. 09-69(AM) § 4, 2009; Ord. 09-50 § 2, 2009; prior code § 12.30.045)