Section 905 IAC 1-37-14 - Modification of final orders and staysAuthority: IC 7.1-2-3-7
Affected: IC 7.1-3-23; IC 7.1-5
Sec. 14.
(a) The commission may modify a final order before the earlier of: (1) thirty (30) days after the commission has served the final order; or(2) a court assumes jurisdiction over the final order.(b) A permittee may petition the commission for a stay of effectiveness of a final order. The commission may, before or after the order becomes effective, stay the final order in whole or in part.(c) A permittee may petition the commission for a rehearing of a final order. The commission may grant a petition for rehearing only if the permittee demonstrates that: (1) the permittee is not in default;(2) newly discovered material evidence exists; and(3) the evidence could not, by due diligence, have been discovered and produced at the hearing in the proceeding. The rehearing may be limited to the issues directly affected by the newly discovered evidence.(d) Clerical mistakes and other errors resulting from oversight or omission in a final order or other part of the record of a proceeding may be corrected by the commission on the motion of any party, the hearing judge, or the commission.(e) An action of a permittee or the commission under this section does not toll the period in which a party may petition for judicial review. However, if a rehearing is granted under subsection (c), these periods are tolled and a new period begins on the date that a new final order is served. Alcohol and Tobacco Commission; 905 IAC 1-37-14; filed Feb 20, 1991, 5:05 p.m.: 14 IR 1453; readopted filed Oct 4, 2001, 3:15 p.m.: 25 IR 941; readopted filed Sep 18, 2007, 3:42 p.m.: 20071010-IR-905070191RFA; readopted filed Oct 29, 2013, 3:39 p.m.: 20131127-IR-905130360RFAReadopted filed 10/29/2019, 11:50 a.m.: 20191127-IR-905190418RFA