40-253. Application for rehearing; hearing;
effect; decision
A. After any final order or decision is made by the commission, any party to the
action or proceeding or the attorney general on behalf of the state may apply for a
rehearing of any matter determined in the action or proceeding and specified in the
application for rehearing within twenty days of entry of the order or decision. Unless
otherwise ordered, the filing of such an application does not stay the decision or order
of the commission. If the commission does not grant the application within twenty days,
it is deemed denied. If the commission grants the application, the commission shall
promptly hear the matter and determine it within twenty days after final submission.
B. No claim arising from any order or decision of the commission shall accrue in
any court to any party or the state unless the party or the state makes, before the
effective date of the order or decision, application to the commission for a rehearing.
C. The application shall set forth specifically the grounds on which it is based,
and no person, nor the state, shall in any court urge or rely on any ground not set forth
in the application.
D. An application for rehearing shall not excuse any person from complying with and
obeying any order or decision, or any requirements of any order or decision of the
commission theretofore made, or operate in any manner to stay or postpone the enforcement
thereof, except in such cases and upon such terms as the commission by order directs.
E. If, after a rehearing and a consideration of all the facts, including those
arising since the making of the order or decision, the commission finds that the original
order or decision or any part thereof is in any respect unjust or unwarranted, or should
be changed, the commission may abrogate, change, or modify the order or decision, and
such order or decision has the same force and effect as an original order or decision,
but shall not affect any right or the enforcement of any right arising from or by virtue
of the original order or decision, unless so ordered by the commission.
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