Okla. Admin. Code § 600:15-1-18

Current through Vol. 42, No. 7, December 16, 2024

Section 600:15-1-18 - Rehearing, reopening or reconsideration of Board decision

(a) An order issued by the Board shall be subject to rehearing, reopening or reconsideration by the Board within ten (10) days of the date of its entry. The grounds for such action shall be either:

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

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

(3) probable error committed by the Panel or Board in the proceeding or in its decision that would be grounds 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 should be examined in order to properly dispose of the matter.

(b) The order of the Board granting rehearing, reconsideration or review, or the petition of a party therefore, shall set forth the grounds which justify such action. Nothing in the chapter shall prevent rehearing, reopening or reconsideration of a matter by the Board in accordance with other statutory provisions applicable to the Board, or, at any time, on the grounds of fraud practiced by the prevailing party or of procurement of the order by perjured testimony or fictitious evidence. On reconsideration, reopening or rehearing, the matter may be heard by the Board, or it may be remanded to the Hearing Panel. The hearing shall be confined to those grounds upon which the reconsideration, reopening or rehearing was ordered. If an application for rehearing shall be timely filed, the period within which judicial review, under the applicable statute, must be sought, shall run from the final disposition of such application.

Okla. Admin. Code § 600:15-1-18

Added at 8 Ok Reg 135, eff 10-17-91 (emergency); Added at 9 Ok Reg 1653, eff 5-15-92; Amended at 12 Ok Reg 1811, eff 7-1-95; Amended at 19 Ok Reg 1493, eff 7-14-02