SECTION 365:1-7-7. Rehearings

(a)   At the discretion of the Insurance Commissioner, a rehearing may be granted to any party upon written request made within ten days after any order is mailed or delivered to the person entitled to receive same. In the request for hearing, the party shall set forth one or more of the following grounds:

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

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

(3)   Probable error committed by the Insurance Commissioner in the proceeding or in his decision, such as would be ground for reversal on judicial review of the order;

(4)   Need for further consideration of the issues and the 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.

(b)   Nothing in this section shall prevent the Insurance Commissioner from rehearing, reopening or reconsidering any matter in accordance with other statutory provisions applicable to the Insurance Commissioner, or at anytime, on the ground of fraud practiced by the prevailing party or of procurement of the order by perjured testimony or fictitious evidence.

(c)   On rehearing, the hearing shall be confined to those grounds upon which the rehearing was granted.

[Source: Amended at 10 Ok Reg 1457, eff 5-1-93]