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TITLE 1ADMINISTRATION
PART 7STATE OFFICE OF ADMINISTRATIVE HEARINGS
CHAPTER 159RULES OF PROCEDURE FOR ADMINISTRATIVE LICENSE SUSPENSION HEARINGS
SUBCHAPTER FDISPOSITION OF CASE
RULE §159.254Correction of Final Decision

(a) SOAH has no continuing jurisdiction to modify an ALR decision after it has been signed, except that the judge, on his or her own motion or on request of a party, may amend an ALR decision to:

  (1) correct a clerical error in the original written decision, including, but not limited to, the unintentional entry of a decision using the wrong form or template; or

  (2) conform the decision to reflect the correct statutory period of suspension.

(b) A request for correction must be filed as soon as possible after the error is discovered, but not later than 10 business days after the issuance of the original decision, and must specify the clerical error or period of suspension that is proposed for correction.

(c) The filing of a motion to correct a decision does not extend the deadline for appeal under Texas Transportation Code § 524.041 or stay any action that has been previously authorized.

(d) A corrected decision may only be issued if the error is apparent on the face of the record and a correction is required to accurately reflect the judge's intent at the time the original decision was entered. A corrected decision cannot be based on a request for reconsideration or new evidence or arguments that were not presented at the hearing on the merits, and may not be used to correct judicial error.

(e) The judge is not required to act on a request for correction of a final decision. Any corrected decision must be issued by the judge not later than the 29th day after the date the original ALR decision was signed.


Source Note: The provisions of this §159.254 adopted to be effective August 4, 2024, 49 TexReg 5758

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