SECTION 245:15-23-23. Rehearing, reopening or reconsideration  


Latest version.
  • (a)   A decision by the Board shall be subject to rehearing, reopening or reconsideration by the Board if requested in writing and filed with the Executive Director within ten (10) days from the date of filing of the Final Order with the Executive Director. The grounds for requesting such action shall be either:
    (1)   newly discovered or newly available evidence relevant to the issues; or
    (2)   probable error committed by the Board or hearing examiner in the proceeding or in its decision such as would be grounds for reversal on judicial review of the order; or
    (3)   need for further consideration of the issues and the evidence in the public interest; or
    (4)   a showing that issues not previously considered should be examined in order to properly dispose of the matter; or
    (5)   fraud practiced by the prevailing party or of procurement of the order by perjured testimony or fictitious evidence.
    (b)   The order of the Board granting rehearing, reconsideration, or review of the petition of a party, shall set forth the grounds which justify such action.
[Source: Added at 10 Ok Reg 2211, eff 6-11-93; Amended at 19 Ok Reg 2029, eff 7-11-02; Amended at 23 Ok Reg 896, eff 5-11-06]