§ 1352-22. Modification or vacation of order.

An order of the Commission may be modified or vacated, in whole or in part, and a new or further hearing granted on all or part of the issues, on the application of a party to the hearing or on motion of the Commission, for any of the following causes, materially affecting the substantial rights of the applicant or the appointing authority:

(a)

Irregularly in the hearing proceedings, or any order of the Commission or abuse of discretion by which either party was prevented from having a fair hearing;

(b)

Accident or surprise, which ordinary prudence could not have guarded against;

(c)

Newly discovered evidence which could not, with reasonable diligence, have been discovered and produced at the hearing and which is material to the question that was before the Commission;

(d)

Error in law, occurring at the hearing and excepted to at the hearing by the party making the application or motion.

The application or motion to the Commission shall be made either before the signing of the order of the Commission or within ten (10) days of the Commission mailing notice of its order and shall designate the grounds upon which modification or vacation is requested. The time for hearing the application or motion shall be governed by Section 1352-3.

Should the Commission grant a hearing on the application or motion, the Commission shall, after review of the application or motion, specify the ground or grounds on which it is granted and the Commission's reason or reasons for granting the application or motion. At the hearing, the evidence introduced shall be limited to the ground or grounds upon which the hearing was granted. At the conclusion of the hearing, the Commission shall either confirm its prior findings or issue a new finding and decision.

The filing of an application under this Section shall not be necessary to exhaust administrative remedies and the application or motion shall not operate to stay the effectiveness of the order of the Commission except by discretion of the Commission upon a showing, by affidavit, of emergency or hardship should the order not be stayed.

(Add Ord. 3013—4/8/75)