30 Tex. Admin. Code § 80.272 - Motion for Rehearing
(a) Any decision
in an administrative hearing before the commission that is subject to this
section.
(b) Filing motion. A
motion for rehearing is a prerequisite to appeal. The motion shall be filed
with the chief clerk not later than 25 days after the date that the decision or
order is signed, unless the time for filing the motion for rehearing has been
extended under Texas Government Code, §
2001.142, and §
80.276 of this title (relating to
Request for Extension to File Motion for Rehearing), by agreement under Texas
Government Code, §
2001.147, or by the
commission's written order issued pursuant to Texas Government Code, §
2001.146(e).
On or before the date of filing of a motion for rehearing, a copy of the motion
shall be mailed or delivered to all parties with certification of service
furnished to the commission. Copies of the motion shall be sent to all other
parties using the following notification procedures:
(1) personally;
(2) if agreed to by the party or attorney to
be notified, by electronic means sent to the current email address or
telecopier number of the party's attorney of record or of the party if the
party is not represented by counsel; or
(3) by first class, certified, or registered
mail sent to the last known address of the party's attorney of record or of the
party if the party is not represented by counsel.
(c) The motion shall contain:
(1) the name and representative capacity of
the person filing the motion;
(2)
the style and official docket number assigned by SOAH, and official docket
number assigned by the commission;
(3) the date of the decision or
order;
(4) the findings of fact or
conclusions of law, identified with particularity, that are the subject of the
complaint and any evidentiary or legal ruling claimed to be erroneous;
and
(5) a statement of the legal
and factual basis for the claimed error.
(d) Reply to motion for rehearing. A reply to
a motion for rehearing must be filed with the chief clerk not later than 40
days after the date that the decision or order is signed, or not later than 10
days after the date that a motion for rehearing is filed if the time for filing
the motion for rehearing has been extended by an agreement under Texas
Government Code, §
2001.147 or by a
written order issued by the commission pursuant to Texas Government Code,
§
2001.146(e).
Copies of the reply shall be sent to all other parties using the following
notification procedures:
(1)
personally;
(2) if agreed to by the
party or attorney to be notified, by electronic means sent to the current email
address or telecopier number of the party's attorney of record or of the party
if the party is not represented by counsel; or
(3) by first class, certified, or registered
mail sent to the last known address of the party's attorney of record or of the
party if the party is not represented by counsel.
(e) Ruling on motion for rehearing.
(1) Upon the request of the general counsel
or a commissioner, the motion for rehearing will be scheduled for consideration
during a commission meeting. Unless the commission extends time or rules on the
motion for rehearing not later than 55 days after the date that the decision or
order is signed, the motion is overruled by operation of law.
(2) A motion for rehearing may be granted in
whole or in part. When a motion for rehearing is granted, the decision or order
is nullified. The commission may reopen the hearing to the extent it deems
necessary. Thereafter, the commission shall render a decision or order as
required by this subchapter.
(f) Extension of time limits. With the
agreement of the parties, on a motion of any party for cause shown, or on their
own motion, the commission or the general counsel may, by written order, extend
the period of time for filing motions for rehearing and replies and for taking
action on the motions so long as the period for taking agency action provided
that the agency extends the time or takes the action not later than the 10th
day after the date that the period for filing a motion or reply or taking
agency action expires. The commission may not extend the period for taking
agency action beyond 100 days after the date that the decision or order is
signed.
(g) Motion overruled. In
the event of an extension, the motion for rehearing is overruled by operation
of law on the date fixed by the order, or in the absence of a fixed date, 100
days after the date that the decision or order is signed.
(h) Subsequent motion for rehearing. A
subsequent motion for rehearing is not required after the commission rules on a
motion for rehearing unless the order disposing of the original motion for
rehearing:
(1) modifies, corrects, or reforms
in any respect the decision or order that is the subject of the complaint,
other than a typographical, grammatical, or other clerical change identified as
such by the agency in the order, including any modification, correction, or
reformation that does not change the outcome of the contested case;
or
(2) vacates the decision or
order that is the subject of the motion and provides for a new decision or
order.
(i) A subsequent
motion for rehearing required by subsection (h) of this subsection must be
filed not later than 20 days after the date the decision or order disposing of
the original motion for rehearing is signed.
Notes
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