At any time prior to a final decision on the appeal, any party or intervenor may request the presiding officer to reopen the record to consider testimony, evidence or arguments not previously submitted or raised. If the presiding officer determines that such testimony, evidence or arguments are necessary to a full consideration of the subject matter of the appeal, the record shall be reopened to accept the offered items. The presiding officer shall give written notice of the acceptance into the record of the offered items to all parties and intervenors of record if the parties and intervenors are no longer present. The presiding officer shall also set a time within which other parties and intervenors may respond to or rebut the items made part of the record and a time within which all parties and intervenors may cross examine the witnesses.

Source. #6258, eff 5-30-96; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12