Section 130.1129  Application for Hearing to Present Newly Discovered Evidence

a)         Any party who receives a final order of the Secretary may within ten days after receipt of the final order file an application in writing with the Secretary or his or her designee requesting that a hearing be granted to present newly discovered evidence. The application shall be supported by affidavit specifying the reason such evidence was unavailable at the time of hearing.

b)         Any application by a party for a hearing to present newly discovered evidence shall only stay the effective date of the Order entered by the Secretary for the purpose of filing for an administrative review under the Administrative Review Law.

c)         If a timely application for a hearing to present newly discovered evidence is made, the time for filing an administrative review complaint shall begin to run upon the issuance of the Secretary's Order disposing of the respondent's application.

(Source:  Amended at 22 Ill. Reg. 1933, effective January 1, 1998)