§ 494a.6. Reopening of record.
(a) After the conclusion of the hearing, a party in a proceeding may file with the Clerk, prior to the issuance of an order of the Board or a report or report and recommendation, a motion to reopen the record for the purpose of taking additional evidence. The motion must set forth clearly the facts claimed to constitute grounds requiring reopening of the record, including material changes of fact or law alleged to have occurred since the record was concluded.
(b) After the issuance of a report or report and recommendation by a presiding officer and before the Board issues its final order, a party in a proceeding may file with the Clerk, a motion to reopen the record for the purpose of taking additional evidence. The motion must set forth clearly the facts claimed to constitute grounds requiring reopening of the record, including material changes of fact or law alleged to have occurred since the issuance of a report or report and recommendation.
(c) Answers may be filed within 10 days of service of the motion. If no answers are filed, objections to the granting of the motion are waived.
(d) After the filing of the motion and answer, the Board or presiding officer will grant or deny the motion.
(e) Prior to filing a report or report and recommendation, the presiding officer, after notice to the parties, may reopen the record for the receipt of further evidence on his own motion, if the presiding officer has reason to believe that the facts or law have changed as to require, or that the public interest requires, the reopening of the record.
(f) Prior to the issuance of a final order, the Board, after notice to the parties, may reopen the record for the receipt of further evidence, if the Board has reason to believe that the facts or law have changed as to require, or that the public interest requires, the reopening of the record.
(g) This section supersedes 1 Pa. Code § § 35.231—35.233 (relating to reopening of record).
Authority The provisions of this § 494a.6 amended under 4 Pa.C.S. § § 1202(b)(30), 1205 and 1207(2) and (9).
Source The provisions of this § 494a.6 amended July 10, 2009, effective July 11, 2009, 39 Pa.B. 3446; amended February 1, 2013, effective February 2, 2013, 43 Pa.B. 660 Immediately preceding text appears at serial pages (344561) to (344562).
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