Ga. Comp. R. & Regs. 120-2-2-.44

Current through Rules and Regulations filed through June 17, 2024

Rule 120-2-2-.44 - Reopening of Case

1. A decision that has otherwise become final may be reopened:

a. upon the Adjudicator's order, within 30 days of the notice of the decision to correct a clerical error or for good cause shown;

b. upon a party's motion to reopen for good cause filed within 60 days of the notice of the decision; or

c. upon the Adjudicator's order at any time if there is evidence that the hearing decision may have been procured by fraud or similar fault.

2. "Good cause" for reopening requires both

a. new and material evidence that was not i. available to the proponent and ii. actually or constructively known by the proponent, and

b. an obvious error was made at the time of the decision.

3. For purposes of reopening a case, evidence is "new and material" when:

a. the evidence is not part of the existing administrative record;

b. the evidence is relevant to issues adjudicated in the prior decision; and

c. the evidence shows that the decision may be contrary to the weight of the evidence, whether or not a different conclusion is ultimately reached after reopening.

4. If the Adjudicator determines that good cause exists to reopen the decision, Rule 120-2-2-.31 (Admissibility of Evidence) governs the admissibility of new evidence.

Ga. Comp. R. & Regs. R. 120-2-2-.44

O.C.G.A. §§ 33-2-9, 33-2-21et seq.

Original Rule entitled "Reopening of Case" adopted. F. Dec. 13, 2019; eff. Jan. 1, 2020, as specified by the Agency.