The applicant or a party of record for a Type I – III permit may seek reconsideration of a final decision only by filing a written request on a form provided by the Administrator within 10 calendar days of the mailing of the written decision. The decision-making body shall consider the request at its next regularly scheduled meeting or within 10 calendar days, whichever is sooner. If the request is denied, the previous action shall become final unless appealed. If the request is granted, the decision-making body may immediately revise and reissue its decision or may call for argument in a closed record hearing.

Reconsideration should be granted only when an obvious legal error has occurred or a material factual issue has been overlooked that would change the previous decision. This section also allows a reconsideration request to be filed by the Administrator on Type III permits or Type I or II permit appeals. The Administrator has the discretion to accept or reject a request based on its content in relation to the above minimum criteria of legal error or overlooked material fact. In cases where the Administrator rejects a request for reconsideration, any aggrieved party shall have the right to appeal the underlying decision. Any determination by the Administrator relating to a request for reconsideration shall be issued within five calendar days of the date the request is filed with the Department of Community Development. If the reconsideration request is based on the submission of additional evidence that could not with reasonable diligence have been discovered and produced at the previous proceeding, the decision-maker may re-open the proceeding, such as an open record hearing, without creating any conflict with this chapter or violation of Chapter 36.70B RCW.