45 CFR § 1174.35 - Reconsideration of the initial decision.

---
identifier: "/us/cfr/t45/s1174.35"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "45 CFR § 1174.35 - Reconsideration of the initial decision."
title_number: 45
title_name: "Public Welfare"
section_number: "1174.35"
section_name: "Reconsideration of the initial decision."
chapter_name: "NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES"
subchapter_number: "D"
subchapter_name: "NATIONAL ENDOWMENT FOR THE HUMANITIES"
part_number: "1174"
part_name: "PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "31 U.S.C. 3801-3812; 5 U.S.C. App. 8G(a)(2)."
regulatory_source: "86 FR 44628, Aug. 13, 2021, unless otherwise noted."
cfr_part: "1174"
---


# 1174.35 Reconsideration of the initial decision.

(a) Any party may file a motion with the ALJ for reconsideration of the initial decision within twenty days of receipt of the initial decision. If the initial decision was served by mail, there is a rebuttable presumption that the party received the initial decision five 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) A party only may file a response to a motion for reconsideration upon the ALJ's request.

(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 a party's motion, no party may file a further motion for reconsideration.