- (a) Any time prior to the issuance of the decision on the merits, the board, on its own motion or on the motion of any party to the proceeding, shall reopen the record to receive relevant, material, and non-duplicative testimony, evidence, arguments, or exhibits not previously received if the board, through the presiding officer, determines that such testimony, evidence or arguments are necessary to a full and fair consideration of the issues to be decided.
- (b) Requests to reopen the record made after one or more parties have left the hearing shall be made in writing.
- (c) The board shall give written notice of such further proceedings if the parties are no longer present.
- (d) The board shall also specify a date by which other parties shall respond to or rebut the newly received evidence.
Source. #13500-A, eff 12-2-22