Section 17-2 b Rehearing

(1) Enforceable rulings and decisions of the Board may be reheard following petition by one of the parties if

  • a) the impartiality requirement in section 6 of the Public Administration Act has been breached
  • b) some other administrative error has been made and the possibility cannot be excluded that the error was determinative of the content of the administrative decision in question
  • c) information concerning factual circumstances unknown at the time the case was decided indicates a strong likelihood that the administrative decision would have been different.

(2) A case may not be reheard

  • a) for a reason that was rejected when the case was processed
  • b) for a reason the parties should have cited during the ordinary processing of the case, in proceedings before the district court or in an application for reinstatement
  • c) if it is highly likely that rehearing the case will not result in a change of significance to the applicant.

(3) An administrative decision concerning rehearing may be made by the chair of the Board.

(4) A refusal of an application for rehearing may be submitted to the district court. The provisions of chapter 31 the Dispute Act shall otherwise apply in so far as they are relevant.

(5) If the Board decides that a case is to be reheard, the applicant is entitled to reimbursement of legal costs pursuant to the provisions of section 36, first paragraph, of the Public Administration Act. Section 36, second paragraph, of the Public Administration Act does not apply.