2.51.160 Reconsideration of examiner’s decision.

(1)    Motion for Reconsideration.

(a)    Time for Filing. Any party of record to a proceeding before the hearings examiner, including Clark County by and through its community development department upon approval of the board of county commissioners, may file with the responsible official a motion for reconsideration of an examiner’s decision within fourteen (14) calendar days of written notice of the decision.

(b)    Fee. The motion must be accompanied by the applicable fee, except that no fee shall be charged to the community development department.

(c)    Grounds. A motion for reconsideration shall identify specific authority within the Clark County Code or other applicable law, and/or specific evidence, in support of reconsideration. A motion may be granted for any one of the following causes that materially affects the rights of the moving party:

(i)    Procedural irregularity or error, clarification, or scrivener’s error, for which no fee will be charged;

(ii)    Newly discovered evidence, which the moving party could not with reasonable diligence have timely discovered and produced for consideration by the examiner;

(iii)    The decision is not supported by substantial evidence in the record; or

(iv)    The decision is contrary to law.

(d)    Response to Motion. Within fourteen (14) calendar days of the filing of a motion for reconsideration, the community development department staff and any other party of record may file with the responsible official a written response to the motion. No reply to a response is permitted.

(2)    Decision on Motion.

(a)    Time for Issuance. Within twenty-eight (28) calendar days of the filing of a motion for reconsideration, the examiner shall issue a decision on the motion.

(b)    Contents of Decision. The examiner’s decision on a motion for reconsideration shall state whether the motion is granted or denied, in whole or in part, and shall state the factual and/or legal reasons for the decision.

(c)    Finality. The examiner’s decision on a motion for reconsideration shall be final unless timely appealed to Clark County Superior Court by a party of record to the proceedings before the examiner. (Sec. 5 of Ord. 2009-10-19)