View all text of Subjgrp 125 [§ 30.235 - § 30.253]
§ 30.238 - May I file a petition for rehearing if I disagree with the judge's decision in the formal probate hearing?
(a) A petition for rehearing seeking to correct a substantive error may be filed by the BIA or by an interested party who is adversely affected by the decision.
(b) A petition for rehearing must be filed with the judge within 30 days after the date on which the decision was mailed under § 30.237.
(c) A petition for rehearing must allege an error of fact or law in the decision and must state specifically and concisely the grounds on which the petition is based. The petition may be supported with newly discovered evidence or evidence that was not available at the time of the hearing.
(d) If you are an interested party and you received proper notice of the hearing:
(1) You, or BIA on your behalf, may raise an issue on rehearing only if you raised it at or before the hearing, whether or not you attended the hearing. Any issue you raise for the first time on rehearing may be denied solely because you failed to timely raise the issue; and
(2) You may only use evidence on rehearing that was submitted at or before the hearing, if that evidence was available or discoverable to you at that time. Any new evidence you submit on rehearing may be disregarded by the judge, if it was available or discoverable to you at the time the hearing was held.
(e) If the petition is based on newly discovered evidence or evidence that was unavailable at the time of the hearing, it must:
(1) Be accompanied by documentation of that evidence, including, but not limited to, one or more affidavits of a witness stating fully the content of the new evidence; and
(2) State the reasons for failure to discover and present that evidence at the hearings held before issuance of the decision.
(f) OHA will send to BIA a notice of receipt of a petition for rehearing as soon as practicable, ordering that the decedent's estate not be distributed during the pendency of the petition for rehearing. OHA will also forward a copy of the petition and any documents filed with the petition to the interested parties and affected agencies.