§ 286.102. Application for rehearing.
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/us/cfr/t18/s§ 286.102·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)General rule. Any person aggrieved by any order or regulation or any amendment to a regulation issued under the NGPA and subject to judicial review under section 506(a) or
(b)thereof shall file a petition for rehearing within 30 days after the order or regulation is issued by the Commission or February 3, 1979, whichever is later. There has not been an exhaustion of administrative remedies until a petition for rehearing has been filed under this section and the proceeding is complete by the denial of the request, or if rehearing is granted, an order affirming, modifying or revoking the challenged order or regulation is issued.
(b)Specifications of error. The application for rehearing shall state clearly and concisely with respect to the challenged order or regulation:
(1)The provision of the order or the regulation, by section, and where appropriate, by paragraph;
(2)Applicant's interest in the particular provision; and
(3)The facts and legal analysis upon which the request for rehearing is based.
(c)Procedural requirements. Except as otherwise provided in this section, the procedures for rehearing in § 385.713 of this chapter shall apply.
(d)Commission action upon the application.
(1)The Commission may grant the request for rehearing, in whole or in part, by issuing an order specifying the scope of rehearing. If, and to the extent that rehearing is granted, the Commission may request Staff, applicant or any other party to file briefs. In every case where rehearing is granted, the Commission will issue an order affirming, modifying or revoking the challenged order or regulation.
(2)The Commission may modify the original order or regulation without further hearing.
(3)Unless the Commission acts upon the application within 30 days after it is filed, such application shall be considered to have been denied. If the Commission grants rehearing in part, any part of the application outside the scope of the order granting rehearing shall be considered to have been denied. \[44 FR 2383, Jan. 11, 1979, as amended by Order 225, 47 FR 19058, May 3, 1982\]