Motion to the Referee to reopen, vacate, set aside, or modify

(Statutory reference: 31-248) (a) The Referee may, within the time limits set forth in Section 31-237g-34 above, reopen, vacate, set aside or modify a decision on an appeal if the Referee determines, for good cause shown, that new evidence or the ends of justice so require. Each motion to reopen, vacate, set aside or modify a Referee's decision on an appeal shall be filed by means of a typed or legibly printed statement which should: (1) be clearly entitled at the top center of the front page "Motion to the Referee to Reopen," "Motion to the Referee to Vacate," "Motion to the Referee to Set Aside," or "Motion to the Referee to Modify," as the case may be; (2) describe all the reasons and good cause for such motion and, if new evidence is alleged as such a reason, the following should be further specified: (A) the identity and nature of such alleged new evidence; (B) the reason why such alleged new evidence was not presented at the hearing previously scheduled; and (C) the reason why such alleged new evidence is material to the case; (3) otherwise follow the guidelines set forth in Section 31-237g- 10(a) of these regulations. (b) Any such motions may be filed upon the same Referee decision by any party, but all such motions by such party shall be filed simultaneously and should be filed by means of separate documents and no such motion by any party shall be permitted or accepted by the Referee with regard to the Referee's decision denying a preceding motion filed by such party. The Referee may process any subsequent motion as an appeal to the Board. (c) No hearing shall be held upon such motions unless the Referee determines that good cause exists for such a hearing, except that no such motion shall be dismissed as untimely without a hearing if the motion recites a reason for the untimely filing that would constitute good cause pursuant to Section 31-237g-15 of these regulations. The Referee shall, with reasonable promptness, review each such motion and issue a written decision thereon. The Referee's decision on any such motions shall be prepared and delivered in accordance with Section 31-237g-13(a) of these regulations and shall include a statement as to the reasons for the decision. In any case wherein a further hearing is not scheduled as a consequence of a Referee's decision reopening, vacating, setting aside or modifying a Referee's decision, the Referee shall provide all non-moving parties to such case with (1) a copy of such motion, together with all supplemental documentation filed in support of such motion, and (2) a reasonable opportunity to file a written response to such motion prior to the Referee's issuance of a new decision in the case. (d) The Referee may deny any such motion based upon the allegations of new evidence if the Referee determines that the new evidence is unnecessarily duplicative or is not likely to affect the result in the case, or that the exercise of reasonable diligence by the moving party would have resulted in the presentation of such evidence at the hearing previously scheduled and the moving party does not otherwise show good cause for such party's failure to present such evidence. (e) Any party aggrieved by a decision of a Referee with regard to any such motion may appeal to the Board within twenty-one calendar days of the mailing of such decision as set forth in Section 31-237g-34(b) and (c).