43 CFR 4.773: What is not appropriate for a petition for reopening?

In a petition for reopening, the petitioner may not:

(a) Raise issues or objections that were previously addressed in an order issued in the case;

(b) Submit evidence that was available or discoverable at the time the final decision was issued, or available during any period of reconsideration of the final decision. The requirements at § 4.761(b)(2) concerning presentation of new evidence upon reconsideration also apply to the presentation of new evidence on reopening; or

(c) Raise issues or objections when the petitioner had the opportunity to raise them earlier because the petitioner received proper notice of the preliminary decision or hearing, if any. This paragraph does not apply to the Project Director.