Any person adversely affected by a decision of the Commission in any proceeding to which said person is a party, may apply for its reconsideration within the term of fifteen (15) days after service of notice of said decision. When notice is given by mail, the day it was put in the mail, certified by the secretary, shall be the date of the notice. The application for reconsideration shall not excuse any person from complying with or obeying any decision of the Commission, nor shall in any manner whatsoever serve to suspend or postpone the taking effect thereof, unless by a special order of the Commission. The filing of an application for reconsideration shall not be a prerequisite for the judicial review of any order or decision, except in such cases where the party seeking the review does so on the grounds that there are findings of fact or issues of law which the Commission did not have the opportunity to consider. In application for reconsideration the grounds upon which the application is based shall be specifically set forth. The Commission shall have power to grant or refuse the reconsideration, or to suspend, amend or revoke its order or decision without holding a new hearing. The decision granting or refusing the application for reconsideration shall be made within the term of thirty (30) days counting from the date of the filing thereof. If a new hearing is ordered, the Commission shall not receive therein any other evidence except: (1) material evidence recently discovered and which could not be obtained by the exercise of reasonable diligence for use in the previous hearing; (2) evidence which has remained available only after the date on which evidence was originally introduced[, or] (3) evidence which the Commission understands should have been received in the original proceedings. If the new hearing were granted, the Commission shall resolve thereupon within the term of thirty (30) days from the date the case is submitted. Any order, decision or requirement issued after a new hearing, suspending or amending an original order or decision, shall be subject to the same provisions regarding its reconsideration as the original order or decision.
History —June 28, 1962, No. 109, p. 288, § 52, eff. 90 days after June 28, 1962.