R 423.166 Motion for reopening of record.

Rule 166. (1) A party to a proceeding may move for reopening of the record following the close of a hearing conducted under Part 7 of these rules. (2) The motion shall be filed with either of the following: (a) The assigned administrative law judge if before the issuance of a decision and recommended order. (b) The commission after the issuance of a decision and recommended order. (3) A motion for reopening of the record may be granted only upon a showing of all of the following: (a) The additional evidence could not with reasonable diligence have been discovered and produced at the original hearing. (b) The additional evidence itself, and not merely its materiality, is newly discovered. (c) The additional evidence, if adduced and credited, would require a different result. (4) Any motion pursuant to this rule shall not be filed more than 21 days after the issuance of the commission's final order, except as provided under section 216(c) of PERA or section 23(2)(e) of LMA.