Current through Register Vol. 48, No. 4, Aril 26, 2024
Section 67-707 - Additional and Newly Discovered EvidenceA. When additional evidence is necessary for the completion of the record in a case on review the Commission may, in its discretion, order such evidence taken before a Commissioner.B. When a party seeks to introduce new evidence into the record on a case on review, the party shall file a motion and affidavit with the Commission's Judicial Department.C. The moving party must establish the new evidence is of the same nature and character required for granting a new trial and show:(1) The evidence sought to be introduced is not evidence of a cumulative or impeaching character but would likely have produced a different result had the evidence been procurable at the first hearing; and(2) The evidence was not known to the moving party at the time of the first hearing, by reasonable diligence the new evidence could not have been secured, and the discovery of the new evidence is being brought to the attention of the Commission immediately upon its discovery.(a) File the motion and affidavit with proof of service as soon as the new evidence is discovered. The motion and affidavit may be filed with the Form 30.(b) Serve the opposing party pursuant to R.67-215.(c) Oral argument will not be heard on the motion. The Commission will act upon the motion and issue an order before the review hearing is held.(d) If the Commission grants the motion, the review hearing is stayed. The case will be remanded to the original Hearing Commissioner who may, unless otherwise provided, reconvene the hearing or admit the deposition of a witness into the record.(e) The original Hearing Commissioner will issue his or her findings and recommendations in the form of an order to the Commission and the parties.(f) Upon the receipt of the Commissioner's order, the Judicial Department will reset the case on the review hearing docket.(g) If the Commission denies the motion, the case may remain on the review hearing docket unless otherwise provided.Amended by State Register Volume 21, Issue No. 4, eff April 25, 1997.