Section 105IAC1-1-7. Petition for rehearing, reargument, or reconsideration

   Petition for Rehearing, Reargument, or Reconsideration. (1) Petition for Rehearing. Any party may petition for rehearing, reargument, or reconsideration of any final order by the Commission in a proceeding, or for further hearing before decision by the Commission.

  (2) Form of Petition. The matters of record claimed to have been erroneously decided must be specified, and the alleged errors and the grounds relied upon must be briefly and specifically stated in the petition.

(a) If a final order of the Commission is sought to be vacated or modified by reason of matters which have arisen since the hearing, or of a consequence which would result from a compliance therewith, or both, the new matter, the resulting consequence, or both, which are relied upon by the petitioner must each be set forth in the petition. Where the petition is based wholly or in part upon new matter, the petition must contain a statement that the petitioner, with due diligence, could not have known or discovered the new matter prior to the time of the hearing.

(b) The petition must set forth a brief statement of the relief sought by the petitioner.

(c) Such petition for rehearing, reargument, or reconsideration, must be filed within thirty days after service of the order sought to be vacated or modified. After the expiration of said thirty days, such a petition may be filed only by leave of the Commission granted pursuant to formal application upon a showing of reasonable grounds for failure to file the petition within the prescribed thirty-day period. Any such petition or application shall be served by the petitioner or applicant upon all parties to the proceeding or their attorneys of record.

  (3) Effective Date of Final Order. No petition for rehearing, reargument, or reconsideration filed in accordance with this section, or the granting thereof, shall operate as a stay of the effective date of the final order sought to be modified or vacated by such petition, unless specifically so ordered by the Commission.

  (4) Rehearing by Order of the Commission. Within 30 days after service of any final order the Commission may, upon its own motion, order a rehearing or reargument for the purpose of taking additional evidence or clarification of the question of law involved in any proceeding. (Indiana Department of Transportation; Reg 1,Sec VII; filed Sep 18, 1945, 1:00 p.m.: Rules and Regs. 1947, p. 597; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA) NOTE: Transferred from Department of Transportation (100 IAC 1-1-7) to Indiana Department of Transportation (105 IAC 1-1-7) by P.L.112-1989, SECTION 5, effective July 1, 1989.