(A) 
An applicant may request that the Approval Authority’s decision be reconsidered as set forth herein. A request for reconsideration must be accompanied by a fee established by the City and by applicant’s written consent that the 120-day time limit will not run during the period of the reconsideration and the resulting extended appeal period. The fee will be waived when, in the opinion of the Director, the reconsideration is requested to correct a clerical or technical error that is the City’s fault.
(B) 
Grounds for reconsideration of a Type 1 or Type 2 decision are limited to the following instances:
(1) 
The applicant’s submission of additional documents or evidence, that merely clarifies or supports the pending application, directed to 1 or more discreet aspects of the decision. The new information must not constitute a modification of application as defined herein.
(2) 
Correction of an error in a condition established by the Approval Authority where the condition is not supported by the record or is not supported by law.
(3) 
Correction of errors that are technical or clerical in nature.
(C) 
Grounds for reconsideration of the Hearing Authority’s decision are limited to the following instances where an alleged error substantially affects the rights of the applicant:
(1) 
Correction of an error in a condition established by the Hearings Authority where the condition is not supported by the record or is not supported by law;
(2) 
Correction of errors that are technical or clerical in nature.
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(A) 
A request for reconsideration must be filed with the Director within 12 days of the date the decision was mailed. The request must identify the condition or issue to be considered and must specify how the applicant would be adversely affected if the issue were to remain uncorrected.
(B) 
Upon receipt of a request for reconsideration of a Type 1 or 2 decision, the Director must determine whether the request for reconsideration has merit. No comment period or prior notice is required for an administrative reconsideration.
(C) 
Upon receipt of a request for reconsideration of a Type 3 decision, the Director must notify all parties to the proceeding of the request and allow for a 10-day comment period on the request. In those instances, in which the only grounds for reconsideration of a Type 3 decision are technical or clerical in nature, at the end of the comment period, the Director must determine whether the request for reconsideration has merit. In all other instances, at the end of the comment period, the Hearings Authority must determine whether the request for reconsideration has merit.
(D) 
The Approval Authority must modify the decision upon a determination that the request has merit and the issue substantially affects the applicant. Notice of the modification must be sent to all parties to the proceeding. If the Approval Authority determines that no modification is warranted, a denial must be issued and sent to all parties to the proceeding.
(E) 
Filing a request for a reconsideration is not be a precondition for appealing a decision.
(F) 
Filing a request for reconsideration stays the deadline for any party to file an appeal of the Approval Authority’s decision. A new 12-day appeal period for all parties to the proceeding commences upon mailing of a modification or upon mailing a determination that a modification is not warranted. The new 12-day appeal period will not be calculated as part of the 120-day time limit. If an opponent files an appeal and an applicant has requested reconsideration, the opponent’s appeal must be stayed pending disposition of the request for modification. If the decision is not modified, the appeal will be processed according to the procedures set forth in SDC 5.1.800. If the decision is modified, the appellant must, within 12 days of the mailing of the modified decision, file in writing a statement requesting that its appeal be activated or the appeal will be automatically dismissed.
(6443)