SECTION 260:40-5-19. Rehearings

(a)   A final order of the agency shall be subject to rehearing, reopening or reconsideration by the EBD. Any application or request for such rehearing, reopening or reconsideration shall be made by any party aggrieved by the final order of the agency within ten (10) days from the date of entry of the order. The aggrieved party shall set forth clearly in writing all grounds for rehearing, reopening or reconsideration. The grounds for such action shall include only:

(1)   Newly discovered or newly available evidence relevant to the issues;

(2)   Need for additional evidence to adequately develop the facts essential to proper decision;

(3)   Probable error committed by the agency in the proceeding or in its decision such as would be ground for reversal on judicial review of the final agency order;

(4)   Need for further consideration of the issues and the evidence in the public interest; or

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

(b)   The order of the EBD granting rehearing, reconsideration or review, or the petition of a party therefore, shall set forth the grounds which justify such action.

(c)   On reconsideration, reopening, or rehearing, the matter may be heard by the EBD or it may be referred to a hearing examiner. The hearing shall be confined to those: grounds upon which the reconsideration, reopening, or rehearing was ordered.

[Source: Added at 31 Ok Reg 1358, eff 9-12-14]