§ 30.247 What is not appropriate for a petition for reopening?
A petition for reopening may not:
(a) Raise issues or objections that were already addressed in a prior rehearing or reopening order;
(b) Raise issues or objections when the interested party had the opportunity to raise them earlier because they received proper notice of the hearing or summary decision; or
(c) Submit evidence that was available or discoverable at the time the decision was issued, or available during the rehearing period. The requirements at § 30.238(e) concerning presentation of new evidence on rehearing also apply to the presentation of new evidence on reopening.
[86 FR 72088, Dec. 20, 2021]