45 CFR § 681.35 - Can a party request reconsideration of the initial decision?
---
identifier: "/us/cfr/t45/s681.35"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "45 CFR § 681.35 - Can a party request reconsideration of the initial decision?"
title_number: 45
title_name: "Public Welfare"
section_number: "681.35"
section_name: "Can a party request reconsideration of the initial decision?"
chapter_name: "NATIONAL SCIENCE FOUNDATION"
part_number: "681"
part_name: "PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
regulatory_source: "74 FR 26794, June 4, 2009, unless otherwise noted."
cfr_part: "681"
---
# 681.35 Can a party request reconsideration of the initial decision?
(a) Any party may file a motion for reconsideration of the initial decision with the ALJ within 20 days of receipt of the initial decision. If the initial decision was served by mail, there is a rebuttable presumption that the initial decision was received by the party 5 days from the date of mailing.
(b) A motion for reconsideration must be accompanied by a supporting brief and must describe specifically each allegedly erroneous decision.
(c) Any response to a motion for reconsideration will only be allowed if it is requested by the ALJ.
(d) The ALJ will dispose of a motion for reconsideration by denying it or by issuing a revised initial decision.
(e) If the ALJ issues a revised initial decision upon motion of a party, no further motions for reconsideration may be filed by any party.