Section 60-02-06-01 - Petition to reopenAt any time after the conclusion of a hearing, but before entry of the final order by the commissioner, any party to a proceeding may file with the commissioner a petition to reopen the proceeding for the purpose of taking additional evidence.
1. The petition shall set forth clearly the facts claimed to constitute the grounds requiring reopening of the proceeding, including the material changes of fact or law alleged to have occurred since the conclusion of the hearing. 2. A copy of the petition to reopen shall be served by the petitioning party upon all parties to the proceedings of their attorneys of record, and a certificate to that effect will be attached to the petition when filed with the commissioner. 3. Within ten days following the service of any petition to reopen, any other party to the proceeding may file with the commissioner the party's answer thereto. Any party not filing such answer is in default thereof and shall be deemed to have waived any objection to the granting of such petition. 4. If, after the hearing in a proceeding, either before or after the issuance of the commissioner's final order, or if no hearing has been held, only after the issuance of the commissioner's final order, the commissioner shall have reason to believe the conditions of fact or law have so changed as to require, or that public interest requires, the reopening of such proceeding, the commissioner may issue an order for the reopening of the proceeding. 5. The commissioner shall act on any petition to reopen within ten days of receipt thereof and may, in the commissioner's discretion, hear oral argument on any such petition. General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-14
N.D. Admin Code 60-02-06-01