SECTION 105:1-7-9. Rehearing

(a)   Any party aggrieved by a final order may apply to the Board for rehearing within ten (10) days of the date of issuance of the order.

(b)   The Board may rehear, reopen, reconsider, or review the orders of the hearing examiner, or may refer the matter to the hearing examiner who first conducted the initial hearing or may deny rehearing.

(c)   The President may determine whether or not to grant the application for rehearing and shall order the grounds upon which rehearing, reopening reconsideration shall be conducted.

(d)   The grounds for rehearing are:

(1)   Relevant, newly-discovered, or newly-available evidence;

(2)   Need for additional evidence to develop essential facts;

(3)   Probably error which would cause reversal in the district court;

(4)   The need for further consideration of issues or evidence in the public interest; or

(5)   A showing that issues not previously considered ought to be examined in order to properly dispose of the matter.

(e)   Rehearing, reconsideration, or reopening may be had at any time upon showing of fraud, perjured testimony, or fictitious evidence.

[Source: Added at 10 Ok Reg 219, eff 10-28-92 (emergency); Added at 10 Ok Reg 3551, eff 7-15-93]