OAR 438-007-0025: Reconsideration

(1) The Administrative Law Judge may reopen the record and reconsider the decision before a request for review is filed or, if none is filed, before the time for requesting review expires. Reconsideration may be upon the Administrative Law Judge’s own motion or upon a motion by a party showing error, omission, misconstruction of an applicable statute or the discovery of new material evidence. (2) A motion to reconsider shall be served on the opposite parties by the movant and, if based on newly discovered evidence, shall state; (a) The nature of the new evidence; and (b) An explanation why the evidence could not reasonably have been discovered and produced at the hearing.