1. Except as provided in §
of this Part, at any time after the conclusion of a hearing in a proceeding,
but before issuance of a decision, any party to the proceeding may, for good
cause shown, move to reopen the proceedings for the purpose of taking
additional evidence. Copies of such motion shall be served upon all
participants or their attorneys of record, and shall set forth clearly the
facts claimed to constitute grounds requiring reopening of the proceedings,
including material changes of fact or law alleged to have occurred since the
conclusion of the hearing, and shall in all other respects conform to the
applicable requirements of §§
1.20 of this Part.
2. Within ten (10) days following the service
of such motion, or such shorter or longer time as the Board or the presiding
officer may order, any other party to the proceedings may file an objection
thereto, and in default thereof shall be deemed to have waived any objections
to the granting of such petition.
3. The Board will not consider any motion to
reopen filed within ten (10) days before the expiration of the time in which
the Board must issue a Final or Preliminary Decision.
B. By the Board - At any time prior to the
filing of a decision, after notice to the parties and opportunity to be heard,
the Board may reopen the proceeding for the receipt of additional evidence on
its own motion, if the Board has 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 such proceeding.