1. If a party is not satisfied with the
decision of the Commission and if the party has evidence not introduced at the
hearing, the party may file a motion for rehearing not later than 10 days after
service of the decision on the party.
2. The moving party must support the motion
for a rehearing with an affidavit of the moving party or his or her counsel
showing with particularity the materiality and necessity of the additional
evidence and the reason why it was not introduced at the hearing.
3. The Commission may order a rehearing
before the Commission upon such terms and conditions as it deems just and
proper if a petition for judicial review of the decision has not been
The Commission will not
grant the motion for a rehearing unless the Commission determines that:
(a) There is additional evidence which is
material, necessary and reasonably calculated to change the decision of the
(b) The party
submitting the additional evidence has an acceptable reason for failing to
present the evidence at the hearing of the Commission.
5. Upon rehearing, the Commission will permit
rebuttal evidence to the additional evidence.
6. After rehearing, the Commission may modify
its decision and order as the additional evidence may warrant.