4.0608 New evidence issues limited.

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(a) The Administrative Law Judge may permit new evidence in addition to that taken by the agency only if it relates to the validity of the agency action at the time it was taken and is needed to decide issues regarding: (1) improper constitution as a decision making body or grounds for disqualification of those taking the agency action; and

(2) unlawfulness of procedure or decision making process; and

(3) the completeness of the factual record before the Administrative Law Judge.

(b) Issues not raised before the agency may not be raised on appeal to the Administrative Law Judge, except to the extent that: (1) The party appealing the agency decision did not know and was under not duty to discover or could not have reasonably discovered facts giving rise to the basis of the appeal;

(2) The agency action subject to review is a rule and the person has not been a party in an adjudicative agency proceeding;

(3) The agency action subject to review is an order and the party was not notified of the

adjudicative proceeding in substantial compliance with this chapter or the rules of the agency; or

(4) The interests of justice would be served by resolution of an issue arising from a change in controlling law occurring after the agency action.

History: 2004, PL 28-17