30 Tex. Admin. Code § 80.276 - Request for Extension to File Motion for Rehearing

(a) If an adversely affected party or the party's attorney of record does not receive the notice or acquire actual knowledge of a signed commission decision or order before the 15th day after the date that the decision or order is signed, a period specified by or agreed to under Texas Government Code, §§ 2001.144(a), 2001.1462001.147, 2001.176(a), or § 80.272 of this title (relating to Motion for Rehearing) relating to a decision or order or motion for rehearing begins, with respect to that party, on the date the party receives the notice or acquires actual knowledge of the signed decision or order, whichever occurs first. The period may not begin earlier than 15 days or later than 90 days after the date that the decision or order was signed.

(b) To establish a revised period under subsection (a) of this section, the adversely affected party must prove, on sworn motion and notice, that the date the party received notice from the commission or acquired actual knowledge of the signing of the decision or order was at least 15 days after the date that the decision or order was signed.

(c) The commission must grant or deny the sworn motion not later than the date of the commission's next agenda meeting for which proper notice can be provided.

(d) If the commission fails to grant or deny the motion at the commission's next agenda meeting for which proper notice can be provided, the motion is considered granted.

(e) If the sworn motion filed under subsection (b) of this section is granted with respect to the party filing that motion, all the periods specified by or agreed to under Texas Government Code, §§ 2001.144(a), 2001.146, 2001.147, 2001.176(a), or § 80.272 of this title relating to a decision or order, or motion for rehearing, shall begin on the date specified in the sworn motion that the party first received the notice required by Texas Government Code, § 2001.142(a) and (b) or acquired actual knowledge of the signed decision or order. The date specified in the sworn motion shall be considered the date the decision or order was signed.

Notes

30 Tex. Admin. Code § 80.276

Adopted by Texas Register, Volume 40, Number 52, December 25, 2015, TexReg 9699, eff. 12/31/2015