Section 106.740  Relief from Final Orders

a)         The Board may at any time correct errors in orders or other parts of the record that arise from oversight or omission or clerical mistakes.  The Board may do so on its own initiative or on the motion of any party and after notice, if any, as the Board orders.  During the pendency of an appeal, the Board may correct the mistakes before the appeal is docketed in the appellate court. While the appeal is pending, the Board may correct the mistakes with leave of the appellate court.

b)         On motion and upon terms that are just, the Board may relieve a party or a party's legal representative from a final order, for the following:

1)         Newly discovered evidence that by due diligence could not have been discovered in time under Section 106.714 of this Subpart;

2)         Fraud (whether previously denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; or

3)         Void order.

c)         A motion under this Section does not affect the finality of a Board order or suspend the operation of a Board order.  The motion must be filed in the same proceeding in which the Board entered the order but the motion is not a continuation of the proceeding.  The motion must be supported by affidavit or other appropriate showing as to matters not of record.  All parties must be notified under Section 106.708(b) of this Subpart.

d)         This motion must be filed with the Board within 60 days after entry of the order.