36.12.234    REOPENING RECORD

(1) Upon motion of a party to the proceeding filed prior to issuance of a decision or final order, the record may be reopened for receipt of evidence if it is shown to the satisfaction of the hearing examiner that:

(a) the additional evidence is material; and

(b) there were good reasons for the failure to present it in the hearing.

(2) Prior to issuance of a decision or final order and upon providing the parties with notice and the opportunity to object, the hearing examiner may reopen the record to request additional evidence or clarification that the hearing examiner deems necessary to issue a decision or final order.

History: 2-4-201, 85-2-113, MCA; IMP, 2-4-611, 2-4-614, MCA; NEW, 1994 MAR p. 307, Eff. 2/11/94; AMD, 2014 MAR p. 2956, Eff. 12/12/14.