1. (a) Any party or intervenor may:

   1. (1) Move to reopen the record for the inclusion in the record of specified evidence or claims of law; and
   2. (2) File an objection to such a motion to reopen the record.

2. (b) The board shall grant a motion to reopen the record if:

   1. (1) The evidence sought to be included in the record appears not to have been available at the time of the hearing or the claim of law was inadvertently omitted; and

   2. (2) The board determines that:

      1. a. The newly discovered evidence or new claim of law is relevant, material and non-duplicative; and
      2. b. Its inclusion in the record is necessary to a full and fair consideration of the issues to be decided.

3. (c) After the board grants a motion to reopen the record pursuant to (b) above, it shall:

   1. (1) Accept the newly discovered evidence or claim of law as part of the record; and
   2. (2) Not schedule a hearing unless the newly discovered evidence is testimonial in nature.

Source. #8951, eff 7-21-07