SECTION 5:21-5-9. Rehearings

(a)   An application for rehearing may be made in writing within ten (10) days of the date of the final order. The petitioner shall set forth one (1) or more of the following as grounds in the rehearing request:

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

(2)   need for additional evidence to adequately develop the facts essential to a 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 order;

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

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

(b)   Nothing in this Subchapter shall prohibit the Board from rehearing, reopening, or reconsidering a matter at any time on the grounds of fraud practiced by the prevailing party, procurement of perjured testimony, or fictitious evidence, and in accordance with other statutory provisions applicable to the Board.

[Source: Added as 5:20-5-9 at 25 Ok Reg 1500, eff 4-17-08 (emergency); Added at 26 Ok Reg 1802, eff 7-15-09]