Respondents also request that they be permitted to supplement the record in connection with their Motion for Reconsideration. Complainant opposes Respondents' Motion for Reconsideration and their request to supplement the record. For the reasons set forth below, Respondents' Motion and request are denied. Respondents contend that the record in this proceeding should be reopened because they were previously given an insufficient opportunity to present evidence in opposition to the issuance of the final order. Complainant opposes the admission of these documents into evidence on the grounds that they are irrelevant and that their submission is untimely.
Complainant also argues that Respondents have been given ample opportunity to develop the record.
While the receipt of new evidence is within the discretion of the presiding judge, a record will not generally be reopened and new evidence received on reconsideration unless it has been shown that the evidence is likely to affect the outcome of the proceeding, that it was not reasonably possible to present such evidence initially or that the refusal to receive such evidence would result in a miscarriage of justice. Respondents in the present proceeding were given ample opportunity to develop the record and have failed to show why the evidence they now attempt to introduce could not have been introduced prior to the issuance of the Postal Service Decision. Moreover, even if considered, the declaration submitted by Respondents on reconsideration would not serve as a basis for altering the Postal Service Decision. Accordingly, Respondents' request to supplement the record is denied and arguments based on the supplementary documents will not be considered. In the Postal Service Decision, it was concluded that the arguments made by Respondents in their Motion to Dismiss the Complaint were without merit.