(a) General. The presiding officer may take any action listed in § 4.732(b) to resolve any issues of fact and will issue an order upon reopening resolving the petition.

(b) Denial without opportunity to respond. The presiding officer may deny the petition without providing the Project Director and the parties in interest with an opportunity to respond to the petition, if the petition:

(1) Does not meet the standards set forth at § 4.770(c);

(2) Alleges mere disagreement with a final decision;

(3) Raises issues that were previously addressed in an order issued in the case;

(4) Raises only issues or objections for the first time on reopening and the petitioner is a party in interest who received proper notice of the preliminary decision or of any hearing;

(5) Is based on newly discovered evidence and fails to meet the requirements of § 4.761(b)(2); or

(6) Otherwise fails to assert proper grounds for reopening, as determined by the presiding officer.

(c) Consideration after opportunity to respond. If the presiding officer does not deny the petition under paragraph (b) of this section, the presiding officer will:

(1) Issue a notice allowing the Project Director and the parties in interest a reasonable, specified time in which to file a written response to the petition;

(2) Issue with the notice, a copy of the petition and all papers filed by the petitioner;

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

(4) Consider, with or without a hearing, the issues raised in the petition.