Interpretation of the word 'new' as used in rule 63.7(a)(3).
Question:
What criteria should the protest committee use to decide whether or not
evidence is 'new'?
Answer 1:
Evidence is 'new'
if it was not reasonably possible for the party asking for the reopening to
have discovered the evidence before the original hearing,
if the protest committee is satisfied that before the original hearing the
evidence was diligently but unsuccessfully sought by the party asking
for the reopening, or
if the protest committee learns from any source that the evidence was
not available to the parties at the time of the original hearing.