PROCEDURES FOR FILING MOTIONS FOR RECONSIDERATION
DATE: February 17, 2011
TO: Parties to administrative appeals
FROM: Eileen G. Jones, Chief Administrative Judge, National Appeals Office
SUBJECT: Policy on motions for reconsideration
The following procedures for filing a motion for reconsideration of decision takes effect immediately:
1. An appellant or Restricted Access Management (RAM) may submit a written motion for reconsideration within 10 calendar days after the decision is issued. The motion must state material matters of law or fact that the appellant or RAM believes the Administrative Judge has misunderstood or overlooked and must contain an argument, or points and authorities, in support thereof.
2. A request for an extension of time to submit a motion for reconsideration, points and authorities, argument in support thereof, or a response shall be considered on a case-by-case basis.
3. Upon receipt of a motion for reconsideration or upon the granting of a request for extension of time to file a motion for reconsideration, the effective date of the appeals decision shall be stayed. A new effective date for the decision shall be established when the motion is denied or when a decision on reconsideration is issued or, in the case of an extension of the time for filing a motion to reconsider, when the extended filing deadline has passed with no motion received.
If the motion is granted only as to certain issues and not as to others, any portions of the original decision that are not reconsidered and that are severable shall be given a new effective date, delayed 30 days following the ruling on the motion.
If no motion for reconsideration is received within the normal 10-day period following issuance of a decision, and if no extension of the filing deadline has been granted, then the original 30-day delayed effective date stated in the decision shall take effect.
4. Motions for reconsideration of an appeals decision and responses to such motions are to be submitted to the National Appeals Office at the following address:
NMFS/NAO, Rm. 453
P.O. Box 21668
Juneau, Alaska 99802-1668
709 West 9th Street
Juneau, Alaska 99801
Phone and fax numbers for the NAO are: Phone - (907) 586-7258 and Fax - (907) 586-9361.
5. Any other participants in the appeal shall be notified of the motion for reconsideration and shall be given 10 days to submit a written response to the motion. Participants in an appeal may request that they be notified immediately after publication of the appeal decision in their cases. The National Appeals Office shall make a reasonable effort to comply with such requests and shall attempt to contact participants, upon request, by telephone, fax, or other appropriate method as soon as possible after their decisions have been published.
6. The effective date or revised effective date of a decision shall allow 30 consecutive days for review by the Regional Administrator.