Can an appellant request multiple rehearings?
Generally, an appellant is limited to a single request for rehearing. However, there is a specific exception to this rule. According to MPEP 1214.03:
“No request for rehearing from a decision on rehearing will be permitted, unless the rehearing decision so modified the original decision as to become, in effect, a new decision, and the Board states that a second request for rehearing would be permitted.”
This means:
- Typically, only one request for rehearing is allowed.
- A second request may be permitted only if:
- The decision on the first rehearing significantly modifies the original decision, essentially creating a new decision.
- The Board explicitly states in its decision that a second request for rehearing would be permitted.
This restriction helps to prevent endless cycles of rehearing requests and ensures that the appeal process moves forward efficiently.
To learn more: