A. Any party, including a procurement officer, who is aggrieved by the county administrator's decision may file a written request for rehearing of the decision specifying the particular grounds.
1. The request for rehearing shall be filed with the county administrator within ten days after receipt of the decision and shall include any supporting affidavits.
2. The request shall be clearly designated as a "request for rehearing."
3. The county administrator shall within five days after the request is filed notify interested parties of the request by personal service or certified mail, return receipt requested.
B. An interested party may within ten days after receipt of the notice file a response including opposing affidavits.
C. Any argument not raised in the request or in a response is waived.
D. The county administrator may require the filing of written briefs and may provide for oral argument.
E. A rehearing of the decision may be granted for any of the following causes:
1. Irregularity in the proceedings before the county administrator or an abuse of discretion by the county administrator, depriving the requesting party of a fair hearing;
2. Misconduct of the county administrator, his staff or the hearing officer or any party;
3. Accident or surprise that could not have been prevented by ordinary prudence;
4. Newly discovered material evidence that could not with reasonable diligence have been discovered and produced at the original hearing;
5. Excessive or insufficient penalties;
6. Error in the admission or rejection of evidence or other error of law occurring at the hearing;
7. A showing that the decision is not justified by the evidence or is contrary to law.
F. The county administrator's decision concerning a request for rehearing shall be in writing and shall state the basis of the decision. A decision granting a rehearing shall be in writing and shall state the basis of the decision. A decision granting a rehearing shall specify with particularity the grounds on which the rehearing is granted, and the date, time and place of the rehearing. The rehearing shall cover only those matters specified in the decision.
G. The county administrator, within the time for filing a request for rehearing under this section, may on his own initiative order a rehearing of his decision for any reason for which he might have granted a rehearing on request of a party.
(Ord 1997-45 § 3 (part), 1997; Ord. 1991-102 § 1 (part), 1991)