(a) General. The presiding officer may take any action listed in § 4.732(b) to resolve any issues of fact and will issue an order upon reconsideration resolving the petition.

(b) Denial without opportunity to respond. The presiding officer may deny the petition without providing the Project Director and the parties in interest with an opportunity to respond to the petition, if the petition:

(1) Is not timely filed;

(2) Is based on newly discovered evidence and fails to meet the requirements of § 4.761(b)(2);

(3) Is based solely on issues raised for the first time on reconsideration;

(4) Alleges mere disagreement with the final decision; or

(5) Otherwise fails to assert proper grounds for reconsideration, as determined by the presiding officer.

(c) Consideration after opportunity to respond. If the presiding officer does not deny the petition under paragraph (b) of this section, the presiding officer will:

(1) Issue a notice allowing the Project Director and the parties in interest a reasonable, specified time in which to file a written response to the petition;

(2) Issue with the notice, a copy of the petition and all papers filed by the petitioner; and

(3) Consider, with or without a hearing, the issues raised in the petition and in any written responses to the petition.