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38.2.4806    RECONSIDERATION

(1) Motion for reconsideration. Within ten days after an order or decision has been made by the commission, any party may apply for a reconsideration in respect to any matter determined therein. Such motion shall set forth specifically the ground or grounds on which the movant considers said order or decision to be unlawful, unjust or unreasonable.

(2) Effect of filing. Motion for such a reconsideration shall not excuse any corporation or person or public utility from complying with or obeying any order or decision or any requirement of an order or decision of the commission, or operate in any manner to stay or postpone the enforcement thereof except as the commission may by order direct as provided by law.

(3) Modification of original order. If, after such motion for reconsideration is filed, the commission is of the opinion that the original order or decision is in any respect unjust or unwarranted, or should be changed, the commission may abrogate, change or modify the same.

(4) Brief required. A motion for reconsideration shall not be well taken unless accompanied by a supporting brief.

(5) Denial. A motion for reconsideration shall be deemed denied when it has not been acted upon within ten days of its filing.

(6) When order final for purpose of appeal. A commission order is final for purpose of appeal upon the entry of a ruling on a motion for reconsideration, or upon the passage of ten days following the filing of such a motion, whichever event occurs first. If no motion to reconsider is filed, the order is final and appealable within 30 days of its service.

(7) Reconsideration is not available in regard to the granting of a motion for protective order.

History: 69-3-103, 69-2-101, 69-12-201(2) and 69-1-110(3), MCA; IMP, 69-2-101, MCA; NEW, 1977 MAR p. 1200, Eff. 12/24/77; AMD, 2000 MAR p. 2037, Eff. 7/28/00.

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