(a) A case shall be reopened when:
- (1) A party alleges the existence of newly-discovered evidence which due diligence would not have discovered prior to the hearing; or
- (2) A party alleges any material error, omission, misconstruction of applicable statutes or rules or misrepresentation of applicable precedents.
- (b) A request to reopen a case shall be in writing and filed no later than 30 days from the date of the board’s written decision. The request shall outline newly-discovered evidence or an allegation and specific references of material error, omission or misconstrued statutes or rules, or misrepresentation of applicable precedents.
(c) A request to reopen a case shall be denied if it is determined that the request:
- (1) Is made solely to obtain a delay in the disposition of the case; or
- (2) Is not in compliance with this section.
Source. #6994, eff 5-7-99; ss by #7188, eff 1-5-00; ss by 8996, eff 9-28-07