§ 4.775 How will the presiding officer decide a case reopened on their own initiative?

When a presiding officer reopens a case on their own initiative to correct an error in a final decision, they will:

(a) Issue a notice which must:

(1) Identify the error and explain how the presiding officer intends to modify the final decision to correct the error; and

(2) Allow the Project Director and the parties in interest a reasonable, specified time in which to file a written response to the notice;

(b) Suspend further distribution of the estate during the reopening proceedings, if appropriate, by order to the Project Director; and

(c) Consider, with or without a hearing, the issues raised by any timely written response to the notice and issue an order upon reopening.


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