(a) A party has 14 calendar days from the date the
decision is mailed to file a motion for rehearing. A rehearing may
be granted only for the presentation of new evidence.
(b) Motions for rehearing shall be in writing and allege
the new evidence to be considered. The appellant must show a compelling
reason why the evidence was not presented at the hearing and explain
how consideration of the evidence would alter the outcome of the case.
(c) If the hearing officer determines that the motion
does not meet the criteria in subsection (b) of this section, the
hearing officer may issue a decision indicating that they have not
been met and that no hearing will be set on the motion.
(d) If the hearing officer determines that the appellant
has met the requirements of subsection (b) of this section, the hearing
officer shall grant the motion and schedule a hearing to consider
the new evidence on the record.
(e) The hearing officer shall issue a written decision
following the hearing to consider the evidence on the Motion for Rehearing.
(f) After the hearing on the Motion for Rehearing,
the hearing officer shall issue a written decision granting or denying
the Motion for Rehearing and may affirm, reverse, leave in effect,
void, or modify the prior decision.
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