A rehearing before a hearing officer shall not be held in any matter unless it be affirmatively shown that relevant and material evidence, which ought to produce an opposite result on rehearing, is available, is not merely cumulative, corroborative or collateral, and could not have been discovered before the original hearing by the use of ordinary diligence; provided, that the board, in its discretion, may cause a rehearing to be held before a hearing officer in the absence of the foregoing conditions, as provided in 3VAC5-10-290.
3 Va. Admin. Code § 5-10-180
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.