SECTION 660:2-9-9. Rehearings

(a)   Written request. Any party aggrieved by a final order may request rehearing, reopening or reconsideration if a written request is made therefor within ten days (10) after entry of the final order.

(b)    Grounds. In the request for rehearing, reopening or reconsideration, 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 to adequately develop the facts essential to proper decision;

(3)   probable error committed by the Administrator, or the Hearing Officer, 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.

(c)   Additional grounds for rehearing. Nothing in these rules shall prevent the Administrator from ordering any matter reheard, reopened or reconsidered in accordance with other applicable statutory provisions or rules or, at any time, on the ground of fraud practiced by the prevailing party or of procurement of the order by perjured testimony or fictitious evidence.

(d)   Order granting rehearing. The order granting reconsideration, reopening or rehearing shall set forth the grounds that justify such action.

(e)   Scope. The reconsideration, reopening or rehearing shall be confined to those grounds upon which the reconsideration, reopening or rehearing was granted.

[Source: Amended at 15 Ok Reg 3411, eff 7-15-98; Amended at 21 Ok Reg 2489, eff 7-1-04]