SECTION 50:1-9-7. Rehearings  


Latest version.
  • (a)   At the discretion of the Board a rehearing may be granted to any party if a written request is made therefor within ten days after any order is mailed or delivered to the person entitled to receive same. In the request for rehearing 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 Board in the proceedings or in its decision such as would be grounds 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 the rules of this Chapter shall prevent the Anatomical Board from rehearing, reopening or reconsidering any matter in accordance with other statutory provisions applicable to the Board, or at any time, on the grounds of fraud practiced by the prevailing party or of procurement of the order by perjured testimony or fictitious evidence. On rehearing the hearing shall be confined to those grounds upon which the rehearing was granted.