50-71-333. Disposition of application for rehearing. (1) Upon the filing of the application for rehearing, if the issues raised thereby have theretofore been adequately considered by the department, it may determine the same by confirming without hearing its previous determination or, if a rehearing is necessary to determine one or more of the issues raised, the department shall order a rehearing thereon and consider and determine the matters raised by such application.
     (2) Notice of the time and place of the rehearing shall be given to the applicant, the adverse parties, and such other persons as the department may order.
     (3) If, after the rehearing and the consideration of all the facts, including those arising since the making of the order or decision involved, the department shall be of the opinion that all or any part of the original order or decision is in any respect unjust or unwarranted or should be changed, the department shall abrogate, change, or modify the same.
     (4) An order or decision made after the rehearing abrogating, changing, or modifying the original order or decision shall have the same force and effect as an original order or decision but shall not affect any right or the enforcement of any right arising from or by virtue of the original order or decision unless so ordered by the department.
     (5) An application for rehearing is considered denied by the department unless it has been acted upon within 30 days from the date of filing; provided that the department may, upon good cause being shown therefor, extend the time within which it may act upon an application for rehearing for not exceeding an additional 30 days.

     History: En. Sec. 17, Ch. 341, L. 1969; amd. Sec. 13, Ch. 182, L. 1975; R.C.M. 1947, 41-1724; amd. Sec. 64, Ch. 613, L. 1989.