10.36.03.08 Rehearing

Question 0

What impact does a request for a rehearing have on the order or decree of the Board in the original ruling?

Answer 0

Unless otherwise ordered by the Board, the request for rehearing has no impact on the order or decree of the Board in the original ruling. That is, for example, if the Board suspends a psychologist’s license immediately after a hearing and the psychologist requests a rehearing, the license is still suspended. The request for a rehearing does not impact on any ruling by the Board from the initial hearing.

Question 1

What is the procedure for requesting a rehearing?

Answer 1

A rehearing may be requested within 10 days after receiving the order of decision of the Board. The grounds for requesting the rehearing must be stated in the request. The Board will either grant or deny the request within 30 days of its submission to the Chairman of the Board, at the Board’s discretion.

Question 2

If a rehearing is granted, what will the Board consider at the rehearing?

Answer 2

At the rehearing, the Board will ONLY consider facts or information NOT presented at the original hearing (e.g., facts arising after the date of the original hearing). The Board may abrogate (repeal or do away with), modify, alter, or change its original order based on the new information presented during the rehearing. Thus, as a result of new evidence shared at the rehearing, the Board may change its original ruling to include exonerating a psychologist.