Request for Reconsideration

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Request for Reconsideration


SUBJECT: Request for Reconsideration

Goal: Prepare a written request for reconsideration pursuant to MSAPA section 416(a)

requesting the agency to reconsider the final order adopted in this case. Your goal in this request is to convince the agency that it has erred in its ruling and should reconsider the evidence.

Grading: This assignment is worth 15 points which is 15% of your final grade. You will

receive individualized feedback in the form of written comments and a rubric.

The breakdown of the grading will be as follows:

Substantive Content: 75%

Organization & Format: 25%

Your job: Assume the administrative hearing officer has adopted a proposed order including findings of fact and conclusions of law contrary to your position in this case. You are now requesting the hearing officer reconsider her position regarding her ruling. Pursuant to Section 416(a)1 you are to create a written request for reconsideration. In your request for reconsideration you should point out why the court erred in its ruling and why it would be prudent to reconsider the evidence. For this exercise, your motion for reconsideration can create any plausible argument(s) of your choosing. Your order was denied so you can create any hypothetical order that was entered instead of your proposed order. Your request for reconsideration should state the reasons why the trial court erred in not ruling for you client. You are not limited to any particular body of law in creating your legal argument for reconsideration.

Length: Your request for reconsideration should be at least two pages in length but not more than 4 pages in total length.

Format: The request should be in Times New Roman 12 point font, double-spaced, 1 inch margins with page numbers at the bottom center of each page.

SECTION 416. RECONSIDERATION. (a) A party, not later than [15] days after notice to the parties that a final order has been issued, may file a petition for reconsideration that states the specific grounds on which relief is requested. The place of filing and other procedures, if any, must be specified by agency rule and 86 must be stated in the final order.

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