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denial and lack of representation by legal counsel after due and specific request to be represented <br /> necessitated reopening the proceedings. Fontanari also moved for a stay of certain actions <br /> pending completion of the re-opened hearing. Fontanari incorporates the Motion to Re-Open <br /> here together with its exhibits. Fontanari believes that the pending Motion to Re-Open is directly <br /> relevant to the Motion filed here and is integral to its consideration. Fontanari therefore renews <br /> As request here the hearing record be reopened for presentation of defense case. <br /> 2. Fontanari has moved and petitioned the Board for a modification of certain <br /> corrective action dates required in the Board's Order. Specifically, these include the date for <br /> having an approved corrective action plan, and, the date for carrying out that corrective action <br /> plan. That motion is also incorporated here by reference. Fontanari believes that this motion <br /> should be heard with that made here both on the merits, and to prevent conflicts in dates as to <br /> when actions are required to be taken. <br /> ARGUMENT <br /> A. THE CONSTRUCTION MATERIAL RULES ALLOW <br /> RECONSIDERATION OF A BOARD ORDER WHERE NEW AND <br /> RELEVANT FACTS BECOME KNOWN. <br /> 3. Construction Materials Rule 2.9 provides for a petition for reconsideration of its <br /> decisions. Such petitions must set forth, "a clear and thorough explanation of the grounds <br /> justifying reconsideration, including, but not limited to new and relevant facts that were not <br /> known at the time of the hearing and the explanation why the facts were not known at the time of <br /> the hearing." As the Rule is suggestive, and not restrictive, the Board is permitted to reconsider <br /> and reopen a Board proceeding under circumstances necessary, including where the underlying <br /> Board proceeding failed to comply with fundamental principles of due process. <br /> B. NEW AND RELEVANT FACTS HAVE BECOME KNOWN THAT <br /> FONTANARI COULD NOT PRESENT AT THE HEARING BECAUSE HE <br /> WAS DEPRIVED OF COUNSEL. <br /> 2 <br />