SECTION 55:10-15-23. Rehearing, reopening or reconsideration

(a)   A decision by the Board shall be subject to rehearing, reopening, or reconsideration by the Board if requested within ten (10) days from the date of its entry. The grounds for requesting such action shall be either:

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

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

(3)   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 or the order; or

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

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

(6)   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, or the petition of a party, shall set forth the grounds that justify such action.

(c)   The Board will consider past violations taken against any party found guilty in any present proceeding. Such past violation shall not be evidence of guilt in the present proceeding but will be considered only in determining appropriate sanctions or penalties to be imposed by the Board in the present proceeding.

(d)   Unless precluded by law, any party may waive rights and proceed by stipulation, agreed settlement, consent order or default. No provision in the Rules of this Chapter shall be construed as prohibiting the Board from suspending or holding in abeyance any formal or civil proceeding pending the outcome of informal negotiation or informally agreed upon terms.

[Source: Amended at 16 Ok Reg 1333, eff 5-27-99; Amended at 19 Ok Reg 2555, eff 7-15-02; Amended at 24 Ok Reg 815, eff 5-11-07]