Section 478-120-135. Reconsideration of final orders.

(1) Within ten days of the service of a final order from the president or the president's delegate, any party may file a request for reconsideration, stating in writing specific reasons for the request. The request shall be directed to the president or the president's delegate who issued the final order, and the conduct officer. Upon receipt, the president (or president's delegate) shall promptly serve all other parties with a copy of the request for reconsideration.

(2) A request for reconsideration does not stay the effectiveness of a final order.

(3) A request for reconsideration is only intended to correct obvious mistakes in the judgment or order and should not be used to reargue the case. Filing a request for reconsideration is not a prerequisite for seeking judicial review in accordance with chapter 34.05 RCW. An order denying reconsideration or a notice provided for in subsection (4)(b) of this section is not subject to judicial review.

(4) If a request for reconsideration is timely and properly submitted, the time for filing a petition for judicial review of a final order does not commence until the university disposes of the request for reconsideration. The request for reconsideration is automatically deemed to have been denied if, within twenty days from the date the request for reconsideration is timely submitted, the president or president's delegate who issued the final order does not either:

(a) Dispose of the request; or

(b) Serve the parties with a written notice specifying the date by which he or she will act upon the request.

(5) Unless the request for reconsideration is deemed denied under subsection (4) of this section, the request shall be disposed of by the same president or president's delegate, who issued the final order, if reasonably available. The disposition shall be in the form of a written order denying the request, granting the request and dissolving or modifying the final order, or granting the request and setting the matter for further hearing.

[Statutory Authority: RCW 28B.20.130 and chapter 34.05 RCW. WSR 16-05-097, § 478-120-135, filed 2/17/16, effective 3/28/16. Statutory Authority: RCW 28B.20.130 and 28B.10.900 through 28B.10.903. WSR 96-10-051, § 478-120-135, filed 4/29/96, effective 5/30/96.]

RCW 28B.20.130 and chapter 34.05 RCW. WSR 16-05-097, § 478-120-135, filed 2/17/16, effective 3/28/16. Statutory Authority: RCW 28B.20.130 and 28B.10.900 through 28B.10.903. WSR 96-10-051, § 478-120-135, filed 4/29/96, effective 5/30/96.