How Do I File a Motion to Reconsider a Decision?

Nursing boards nationwide make incorrect decisions far too often. When a nurse is the party adversely affected by such decisions, they generally have the right to motion for the nursing board to reconsider.

There are many decisions that you might want your state’s nursing board to change—a license suspension or revocation, the denial of a license application, renewal request, or reinstatement application, and the imposition of restrictions on your license are just some of the decisions you might contest.

Each state’s nursing board has its own organizational hierarchy, processes for seeking a reconsideration, terminology, and timeframes. Even once you understand your state nursing board’s reconsideration procedures, navigating the bureaucratic gauntlet and ultimately securing a successful reconsideration is never easy.

The LLF National Law Firm Professional License Defense Team represents nurses nationwide. Convincing nursing boards to reconsider adverse decisions is one of the most important—and most familiar—feats we handle for our clients.

Our experience, engaged relationships with our clients, and elite results in license-defense cases are just a few of the many (many) reasons to put your nursing career in our hands. Call the LLF National Law Firm Professional License Defense Team today at 888-535-3686 or contact us online, and let’s fight for reconsideration together.

What Is a Motion to Reconsider a Nursing Board’s Decision?

Different states have different terminology for “reconsideration.” In Texas, it’s called a motion for rehearing. In Washington, it is called a petition for reconsideration.

Linguistic differences aside, each of these terms generally means the same thing. When you file a request for reconsideration, you are essentially asking the nursing board to take a second look at a decision. You are, implicitly, also requesting the nursing board to change its decision following its review.

Naturally, nurses who file a motion for reconsideration are doing so because the nursing board’s initial decision does not favor them.

What Kinds of Decisions Might I Request the Nursing Board Reconsider?

Nursing boards have a broad spectrum of responsibilities and may make several consequential decisions on any given day, week, month, or year. Many of these decisions hurt a nurse or a candidate for a nursing license.

Individuals on the receiving end of such adverse decisions may seek reconsideration of:

• Revocation of a nurse’s license

• Suspension of a nurse’s license

• Denial of an applicant’s request for a license or endorsement (which can allow a nurse to practice in another state without having to retake certain examinations)

• Denial of a nurse’s request to be reinstated

• A refusal to renew a nurse’s license

• Placement of a nurse on probation

• Restriction of a nurse’s ability to practice

• A public reprimand that signaled a nurse had committed an ethical breach

• The imposition of a fine or another civil penalty

• The denial of another petition or motion

If you are uncertain whether you can file a motion to reconsider a specific decision, reach out to the LLF National Law Firm Professional License Defense Team as soon as possible. We are familiar with the nursing field and the boards that regulate it, and we will help you file any motion to reconsider that you wish to pursue.

Common Grounds for Filing a Motion to Reconsider with a State Nursing Board

When you are filing a motion to reconsider (or a motion for rehearing, or whatever your state’s nursing board calls this process), you are essentially filing a request for a second opinion. In virtually any forum, such an appeal can only proceed if there are sufficient grounds.

Motions for a nursing board to reconsider a decision are similar in this way—without sufficient grounds to re-examine the decision, you can expect a nursing board to deny the motion.

As an example, the Georgia Board of Nursing will only grant a motion for reconsideration or rehearing if:

• The petitioner provides new evidence

• A change in the law (or another relevant development) has occurred

• There was a clear error or “manifest injustice” in the original proceedings

These are the sort of grounds for reconsideration that you can expect your own state’s nursing board to abide by.

Grounds for Reconsideration Can Be Subjective (So Never Assume That Your Motion Is Fruitless)

Sticking with the grounds for reconsideration that the Georgia Board of Nursing relies upon, we can see that subjectivity is inseparable from this appeal process. Think about the fact that:

• When a nursing board reviews any “new evidence” the petitioner presents, someone must decide whether that new evidence is significant enough to warrant reconsideration of the initial decision—that decision inevitably involves a subjective judgment call

• When a petitioner cites a “change in the law” that they believe warrants reconsideration, the nursing board must determine if that statutory change is sufficient grounds for a rehearing—again, a determination that requires a subjective judgment

• If a petitioner cites a “manifest injustice” in their motion for reconsideration, the nursing board will have to form its own opinion on the matter

These are just three examples of how subjectivity and judgment are impossible to separate from motions for reconsideration (or rehearing). While this subjectivity can be detrimental, it also means that virtually every motion has at least a sliver of a chance for success—and effective representation can maximize that opportunity for success.

Why Filing a Motion for a Nursing Board to Reconsider Its Decision Is Generally Worth the Effort

Nurses who are disciplined, face rejection in seeking a license, or suffer the other harmful outcomes that might lead to a reconsideration motion are often at their wits’ end. We get it, but don’t resign yourself to accepting your nursing board’s adverse decision because:

• The opportunity to file the motion exists for a reason—these petitions can work: Nursing boards offer the opportunity for you to file for a reconsideration because doing so can produce change. While nursing boards do not always alter their initial decisions, the possibility for success is very real.

• Nursing careers are built over years, but can be knocked down with a single decision by the nursing board: As you consider whether to file a motion for reconsideration, remember all the years of education, training, and hard work you have invested in your nursing career. That’s worth fighting for, and pursuing a motion for reconsideration is a minor step considering all the investments you have already made.

• The right representative can produce a result that changes your life for the better: Many nurses enter the field to help make others’ lives better. Yet, at the same time, your financially fruitful, intellectually engaging employment also makes your own life better. An adverse decision from your state’s nursing board can change all that—but not if your attorney convinces the board to alter that adverse decision, keeping your career on a positive trajectory.

• Even if you don’t get the perfect outcome, you can get a better outcome: Not every motion for reconsideration produces the total dismissal of allegations. Even the reduction of severe sanctions can be a victory.

• Filing this motion may be necessary before you pursue a judicial review: Texas statutes, for example, explain that “A timely motion for rehearing is a prerequisite to an appeal in a contested case…”. A motion for reconsideration may be just one of several steps you take to reverse an adverse decision, and it may need to be the first step before you pursue the next.

The LLF National Law Firm Professional License Defense Team makes an undoubtedly complicated bureaucratic process simple for the nurses we represent. Don’t wait to contact us about filing your motion and taking any other necessary steps to appeal a harmful decision.

How Do I File a Motion to Reconsider?

Your state’s nursing board will dictate how to file the motion for reconsideration. We can cite Arizona statutes as one example of how nurses may file a motion for reconsideration:

1. The nurse (or their representative) files a motion for rehearing or reconsideration within 30 days of receiving a final administrative decision

2. Any party that opposes the motion (likely the body that handed down the initial decision) has fifteen days after the motion for rehearing is filed to file a response

3. The “agency head, executive director, board, or commission” will review the motion within fifteen days of receiving the response to the motion

4. If the motion for rehearing is granted, a “self-supporting regulatory board” will conduct the rehearing process

Pennsylvania handles petitions for reconsideration similarly, as nurses in the state must:

1. File their petition within 15 days of receiving a final order from the Pennsylvania State Board of Nursing

2. Include in their petition the decision(s) they would like reconsidered and the grounds upon which their motion rests

Nurses in Pennsylvania may also file a petition for judicial review at the same time as filing their motion for reconsideration. The agency that reviews the motion(s) generally has 30 days to act on a petition for reconsideration, but that timeline can be affected if the nurse also files a petition for judicial review.

Understanding your state’s unique rules and procedures for motions to reconsider is fundamental to the success of your motion. Our Professional License Defense Team is sticklers for such details, and you can rest easy when your motion is in our hands.

When Is the Right Time to File the Motion?

Considering the deadlines that govern the filing of motions for reconsideration, you cannot afford to wait any longer to start the filing process.

When you engage the LLF National Law Firm for license-related matters, we understand the time-sensitive nature of your case. We will not waste a second preparing and filing your motion for reconsideration (and any other petitions you need).

Possible Outcomes When a Nurse Asks a Nursing Board to Reconsider a Decision

Louisiana’s Professional Occupational Standards for nurses give us an idea of the possible outcomes of a motion for reconsideration:

• Affirm the initial decision

• Modify the initial decision

• Approve a rehearing, after which the board may uphold or modify the initial decision

Depending on the state in which you work, its unique procedures, and your reason for seeking reconsideration, you may simultaneously or subsequently seek a judicial review.

If the administrative decision (arising from the motion for reconsideration) is not to your liking, you may turn to the courts (per judicial review) to enact the outcome you believe is fair.

What Is the Likelihood That My State Nursing Board Accepts My Motion for Reconsideration?

It is impossible to answer this question with reliable certainty. The relative strength of motions for reconsideration can vary based on:

• The rationale for the nursing board issuing its original decision

• The strength of evidence supporting your grounds for filing the motion

• The timing of your motion (specifically, whether you file it during the eligibility window)

• The accuracy and completeness of your motion (both administrative and legal bodies may reject petitions that do not comply with their standards and procedures)

• How persuasive your written motion is

• The effectiveness and experience of the party leading your case for reconsideration (which is why you should engage the LLF National Law Firm Team right away)

You should never assume that your motion is a slam-dunk, but you should never assume your case is dead in the water, either. Pursuing a motion for reconsideration is almost always worthwhile, but succeeding in that motion requires a carefully crafted strategy, intentional deployment of that strategy, and a confident approach.

Should I Engage a Lawyer from the LLF National Law Firm to Help Me File My Motion to Reconsider?

Yes, you should engage our Professional License Defense Team to lead your motion for reconsideration, as well as any other license-related actions you choose to take.

Our team members and their loved ones have been personally touched by the invaluable services and compassion nurses provide. We don’t think twice or pull any punches when it is time to pay those nurses back through our representation.

Call the LLF National Law Firm Professional License Defense Team today at 888-535-3686 or contact us online to learn more about how we can (and will) fight for you.