(a) Upon the motion of any party or upon his or her own initiative, the presiding officer shall reopen the record if:
- (1) The action is taken prior to the issuance of the decision on the merits;
- (2) The presiding officer determines that additional testimony, evidence or arguments are necessary to a full and fair consideration of the issues to be decided; and
- (3) The information received is relevant, material and non-duplicative of the testimony, evidence or arguments already part of the record.
Source. #7927-A, eff 7-26-03