CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Motion to Reopen Record
Single Topic for Decision 1090E
Full Decision Text (click on the link to view): Full Text
1107.19000 – Motion to Reopen Record
The standard applied to requests to reopen the record is the same standard as that governing requests for reconsideration of a decision of the Board itself. The Board will reopen the record on the basis of newly discovered evidence that was not previously available and could not have been discovered with the exercise of reasonable diligence; p. 4. The party requesting that the record be reopened must present a satisfactory explanation for the failure to produce the evidence at an earlier time; p. 4. The request to reopen the record is denied because no satisfactory explanation of why these documents were not previously available and could not have been easily discovered while case was before the ALJ; p. 5. p. 5.