§75-317. Rehearing, reopening or reconsideration of agency
329 words·~1 min read·
/ok/title-75-statutes-and-reports/75-317·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
decision.
A. A final agency order issued by an administrative head of an agency shall be subject to rehearing, reopening or reconsideration by such administrative head. Any application or request for such rehearing, reopening or reconsideration shall be made by any party aggrieved by the final agency order within ten
(10)days from the date of the entry of such final agency order. 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 to proper decision;
3. Probable error committed by the agency in the proceeding or in its decision such as would be ground for reversal on judicial review of the final agency 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 ought to be examined in order properly to dispose of the matter.
B. The order of the agency granting rehearing, reconsideration or review, or the petition of a party therefor, shall set forth the grounds which justify such action.
C. Nothing in this section shall prevent rehearing, reopening or reconsideration of a matter by any agency in accordance with other statutory provisions applicable to such agency, or, at any time, on the ground of fraud practiced by the prevailing party or of procurement of the order by perjured testimony or fictitious evidence.
D. On reconsideration, reopening, or rehearing, the matter may be heard by the agency, or it may be referred to a hearing examiner. The hearing shall be confined to those grounds upon which the reconsideration, reopening or rehearing was ordered.
E. 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. Laws 1963, c. 371, § 17; Laws 1992, c. 310, § 13, eff. July 1, 1992.