45 IAC 16-1.5-16 Post hearing relief

Sec. 16. (a)(1) At any time after the record is closed, but before a final order is issued, any party to the proceeding may file a petition to reopen the proceeding for the purpose of taking additional evidence. A petition to reopen shall set forth clearly the facts claimed to constitute grounds requiring reopening of the proceeding, including material changes of fact or law alleged to have occurred since the conclusion of the hearing, shall show that such evidence will not be merely cumulative, and shall be verified or supported by affidavit. (2) Within ten (10) days following the service of such petition to reopen upon all parties to the proceeding, any other party may file an answer to the petition. (3) The presiding officer or the commission, before issuance of the presiding officer's decision and commission approval, and upon notice to the parties, may reopen the proceeding for the receipt of further evidence if there is reason to believe that conditions of fact or of law have so changed as to require, or that the public interest requires, the reopening of the proceeding. (b)(1) Following a final order, any party to a proceeding may file a petition for rehearing and/or reconsideration within twenty (20) days of the entry of the final order. Such petition shall be concise, stating the specific grounds relied upon, with appropriate record references and specific requests for the findings or orders desired. If the petition seeks rehearing, it shall set forth the nature and purpose of the evidence to be introduced at rehearing, shall show that such evidence will not be merely cumulative and shall be verified or supported by affidavit. (2) Petitions for rehearing and/or reconsideration shall be served upon all parties to the proceeding and the commission. (3) Replies to such petitions shall be filed and served within ten (10) days after service of the petition. (4) In response to such a petition, the presiding officer or the commission may reconsider the final order and uphold it without modification or correct errors by modifying or clarifying it without further hearing based upon the existing record, or may upon notice to the parties reopen the proceeding for the receipt of further evidence on particular issues.