After approval of reconsideration of a case decision, review of the case decision shall be:

1. (a) On the record if reconsideration was approved because of:

   1. (1) Alleged mistake of law by the commissioners or the commission; or
   2. (2) Any reason alleged pursuant to Hum 317.04(c) which does not require a hearing to determine material facts; or

2. (b) After a hearing of the material facts if reconsideration was approved:

   1. (1) Pursuant to Hum 317.03(b)(2); or

   2. (2) Pursuant to Hum 317.04 because of:

      1. a. Alleged existence of new and material evidence of which the hearing commissioners were aware because they were not submitted to them;
      2. b. Alleged mistake of fact by the commissioners or the commission; or
      3. c. Any reason alleged pursuant to Hum 317.04(c) which requires a hearing to determine material facts.

Source. (See Revision Note at chapter heading for Hum 300) #8815-A, eff 2-3-07