Conditions for Reconsideration

(1) Upon his/her own motion or by request filed pursuant to 430 CMR 4.33, the Commissioner may reconsider a decision issued pursuant to M.G.L. c. 151A, § 12 or M.G.L. c. 151A, § 39(b) for which no application for review pursuant to M.G.L. c. 151A, § 12 or M.G.L. c. 151A, § 39(b) has been filed when, in his/her judgment, it appears that because of newly discovered evidence or for any other reasonable cause he should reconsider said decision. (a) A party requesting reconsideration because of newly discovered evidence must demonstrate that by due diligence it could not have discovered said evidence in time to present it at the original hearing and that such evidence is material to the issues in the case. (b) A party requesting reconsideration for any other reasonable cause must show that the original decision was based on an error of law or procedural irregularities underlying the original decision. (2) Nothing in 430 CMR 4.34 shall require the Commissioner to conduct an interview or a hearing in allowing or denying reconsideration.