Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 4 - ORDERS AND REVIEW OF ORDERS DEFAULTS › RECONSIDERATION › Section 31.01.01.331 - PETITIONS AND CROSS-PETITIONS FOR RECONSIDERATION

Current through August 31, 2023
01.
Petition for
					 Reconsideration
. Within twenty-one (21) days after a final order's
					 service date, any person interested in the final order or any issue decided in
					 may petition for reconsideration. Petitions for reconsideration must specify
					 (a) why the order or any issue decided in it is unreasonable, unlawful,
					 erroneous or not in conformity with the law, and (b) the nature and quantity of
					 evidence or argument the petitioner will offer if reconsideration is granted.
					 See Section
					 61-626, Idaho Code.
					 (3-31-22)
02.
Cross-Petition
					 for Reconsideration
. Within seven (7) days after any person has
					 petitioned for reconsideration, any other person may cross-petition for
					 reconsideration in response to any issues raised in the petition for
					 reconsideration. Cross-petitions for reconsideration must set forth
					 specifically the ground or grounds why the cross-petitioner contends that the
					 order or any issue decided in the order is unreasonable, unlawful, erroneous or
					 not in conformity with the law, and a statement of the nature and quantity of
					 evidence or argument that the cross-petitioner will offer if reconsideration is
					 granted. See Section
					 61-626, Idaho Code.
					 (3-31-22)
03.
Methods of
					 Reconsideration Requested
. The petition or cross-petition must state
					 whether the petitioner or cross-petitioner requests reconsideration by
					 evidentiary hearing, written briefs, comments, or interrogatories.
					 (3-31-22)
04.
Timely Filing
					 -- Mailbox Rules
. A petition for reconsideration is timely within the
					 meaning of Section
					 61-626, Idaho Code, if it is filed
					 with the Commission or postmarked no later than twenty-one (21) days after the
					 final order's service date. Whenever a petition for reconsideration is mailed,
					 rather than personally delivered, and it is not postmarked within eighteen (18)
					 days from the final order's service date, the petitioner should notify the
					 Commission Secretary and all other parties by telephone that the petition for
					 reconsideration has been mailed. A cross-petition for reconsideration is timely
					 filed within the meaning of Section
					 61-626, Idaho Code, if it is filed
					 with the Commission or postmarked within seven (7) days after the petition for
					 reconsideration to which it responds is received in the Office of the
					 Commission Secretary. Whenever a cross-petition for reconsideration is mailed,
					 rather than personally delivered, and is not postmarked within four (4) days
					 from the date the Commission Secretary receives the petition for
					 reconsideration, the cross-petitioner should notify the Commission Secretary
					 and all other parties by email or telephone that the cross-petition for
					 reconsideration has been mailed. (3-31-22)
05.
Answers to Petitions for
					 Reconsideration
. Answers to petitions for reconsideration (pleadings
					 that disagree with a petition for reconsideration, but do not ask for
					 affirmative relief from the Commission's orders) must be filed according to the
					 procedures for cross-petitions for reconsideration. (3-31-22)