| (a) In the absence of a finding of imminent peril, a motion
for rehearing is a prerequisite to a judicial appeal. A motion for rehearing
must be filed by a party within 20 days after the date the party representative
is notified of the final decision or order.
(b) Replies to a motion for rehearing must be filed with the
agency within 30 days after the date the party representative is notified
of the final decision or order.
(c) Agency action on the motion for rehearing must be taken
within 45 days after the date a party representative is notified of the final
decision or order. If agency action is not taken within the 45-day period,
the motion for rehearing is overruled by operation of law 45 days after the
date the party representative is notified of the final decision or order.
(d) The commission may rule on a motion for rehearing at a
meeting or by mail, telephone, telegraph, facsimile transmission, or another
suitable means of communication. The motion shall be deemed overruled by operation
of law, unless a majority of the commissioners serving vote to grant the motion
within the time provided by law for ruling on the motion for rehearing.
(e) The agency may, by written order, extend the period of
time for filing the motions or replies and taking agency action, except that
an extension may not extend the period for agency action beyond 90 days after
the date a party representative is notified of the final order or decision.
(f) 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, 90 days after the date the party representative is
notified of the final decision or order.
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