Sec. 463.6. Reopening

(a) On its own motion or on a party’s written application the board, in its discretion, may reopen a decision.

(b) On its own motion or on written application made to it, the board, under section 534 of the law, may change or cancel its order, decision or determination. If an application for reopening is not received by the board or postmarked within 30 days after an order, decision or determination, the application must contain an explanation for the delay. If good cause for the delay has not been established by the explanation, the board may, without further notice to the parties, deny the application by an order which shall be sent to all parties. If an application is not denied by an order of the board for this reason, notice of reopening or notice or receipt of the application to reopen shall be sent to all parties and their representatives. The notice shall advise the parties of their basic rights while the reopening is being decided. The parties shall have the same rights that are stated in sections 463.1 and 463.2 of this Part regarding an appeal. The board may decide to schedule a hearing for argument or to receive further evidence. The board may continue, change or cancel its prior decision or may deny the application to reopen.

(c) On its own motion or on written application made to it, the board, under subdivision 3 of section 620 of the law, may change or cancel an administrative law judge decision, where no appeal was legally taken. If an application for a reopening is not received by the board or postmarked within 25 days after the administrative law judge decision, the application must contain an explanation for the delay. If good cause for the delay has not been established by the explanation, the board may hold a hearing, upon notice to all parties, regarding the timeliness of the request for the board to reconsider the administrative law judge decision. The board may, without further notice to the parties, dismiss the appeal or deny the application by an order which shall be sent to all parties. If an application is not dismissed or denied for this reason, notice of reopening or notice of receipt of the application to reopen shall be sent to all parties and their representatives. The notice shall advise the parties of their basic rights while the reopening is being decided. The parties shall have the same rights that are stated in sections 463.1 and 463.2 of this Part regarding an appeal. The board may choose to schedule a hearing for argument or to receive further evidence. The board may affirm, change or reverse the administrative law judge decision or may deny the application to reopen.

(d) Whenever the board reopens a decision under this section, it shall state the reasons for the reopening in its decision.