(a) A case shall be reopened whenever:
- (1) A party alleges the existence of newly-discovered material 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 shall be filed within 30 days of the issuance of the decision. It shall outline newly discovered evidence or an allegation of material error, omission, or misconstrued statutes, or rules, or misrepresentation of applicable precedents.
- (c) If new evidence is discovered after 30 days, a new complaint shall be filed
(d) A request to reopen a case shall be denied if it is determined that the request is:
- (1) Made solely to obtain a delay in the disposition of the case; or
- (2) Not in compliance with this section.
Source. #13459-A, eff 10-14-22