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Decision No. 14,734

Application to reopen the appeal of H. WILLIAM VAN ALLEN from action of the Board of Trustees of the Hurley Library Association concerning a library election.


Decision No. 14,734

(June 7, 2002)


MILLS, Commissioner.--Petitioner seeks to reopen Appeal of Van Allen, (41 Ed Dept Rep ___, Decision No. 14,701) concerning a library election. The facts underlying this application are set forth in the original decision. The application must be denied.

Section 276.8 of the Regulations of the Commissioner of Education governs applications to reopen. It provides that such applications are addressed solely to the discretion of the Commissioner and will not be granted in the absence of a showing that the original decision was rendered under a misapprehension of fact or that there is new and material evidence that was not available at the time the decision was made. An application for reopening must be made within 30 days after the date of the decision petitioner seeks to reopen (Appeal of K.S., 41 Ed Dept Rep ___, Decision No. 14,711; Appeal of Coleman, 37 id. 391, Decision No. 13,887).

Petitioner"s original appeal challenged the legality of a special district election conducted by the trustees of the Hurley Library Association, a free association library. I dismissed the appeal on the grounds that I lacked subject matter jurisdiction over petitioner"s claims.

In the instant application petitioner does nothing more than continue to argue that I have jurisdiction over his original appeal. Petitioner does not introduce any new facts that were unavailable at the time of the appeal. Accordingly, petitioner presents no grounds to reopen the decision. An application for reopening is not intended to provide an opportunity for mere reargument of a proper decision on the law (Application of Gordon, 39 Ed Dept Rep 384, Decision No. 14,266).