Review pursuant to this Part shall be limited to the facts or evidence before a district rent administrator as raised in the petition. Where the petitioner submits with the petition certain facts or evidence which he or she establishes could not reasonably have been offered or included in the proceeding prior to the issuance of the order being appealed, the proceeding may be remanded for determination to the district rent administrator to consider such facts or evidence. Proceedings remanded back to the division following an Article 78 may be reconsidered, at the discretion of the commissioner, without being remanded to the rent administrator.
N.Y. Comp. Codes R. & Regs. Tit. 9 § 2510.3