50-70-111. Hearings. (1) A rule, amendment, or repeal may not take effect except after public hearing on due notice. The notice must be given by public advertisement not less than 20 or more than 30 days prior to the date set for the hearing.
     (2) This section does not require a hearing prior to the issuance of an emergency order pursuant to 50-70-117.
     (3) (a) Any person aggrieved by any order of the department may apply for rehearing upon one or more of the following grounds and upon no other grounds:
     (i) The department acted without or in excess of its powers.
     (ii) The order was procured by fraud.
     (iii) The order is contrary to the evidence.
     (iv) The applicant has discovered new evidence material to the applicant that the applicant could not, with reasonable diligence, have discovered and produced at the hearing.
     (v) Competent evidence was excluded to the prejudice of the applicant.
     (b) The petition must be in a form and filed in the time that the department may prescribe.

     History: En. Sec. 13, Ch. 316, L. 1971; amd. Sec. 42, Ch. 349, L. 1974; R.C.M. 1947, 69-4218; amd. Sec. 325, Ch. 546, L. 1995.