To ask the board to reconsider its final decision, file a Petition for Reconsideration within ten calendar days after it is served by the board (not ten days after receiving the final decision.) This is a very short time to file a Petition for Reconsideration.

The board usually will respond to the petition in some way (for example: by denying the petition, reversing or modifying its decision, or possibly even reopening the hearing if convinced that is necessary).

The board also may choose not to act on the petition. If the board does not act on a petition within twenty days, the petition is considered denied. The time for appealing the board's final order to a court will begin from that day.

If one party petitions for reconsideration, the board may require the other party to file a response (called an "answer") to the petition. Even if not required to file one, the other party may choose to file an answer. File the answer with the board and serve all parties within five days of when the Petition for Reconsideration or direction from the board to answer was received.

Appealing to the Courts

A party does not have to file a petition for reconsideration with the board to appeal the board’s decision to other courts.

If the Petition for Reconsideration to the board was filed within the time limit, the deadline for appealing the board's decision to the other courts is suspended until the petition for reconsideration is done. The party still will have thirty days to appeal to other courts after the board issues its decision on reconsideration.

If the board does not act on a Petition for Reconsideration within twenty days, the petition is considered denied. The time for appealing the board's final order to other courts will start to run from that day.