| (a) A hearings examiner shall prepare a final order
as soon as possible, but not later than 60 days after the hearing
is closed, or as otherwise provided by law. The final order shall
include the hearings examiner's findings of fact and conclusions of
law. The final order shall be sent by the department to all parties
by certified mail.
(b) A party who disagrees with the final order may
file a motion for rehearing in accordance with Government Code, Chapter
2001, subject to Occupations Code, Chapter 2301, Subchapter O. A motion
for rehearing of a final order must:
(1) be filed with the chief hearings examiner;
(2) include the specific reasons, exceptions, or grounds
asserted by a party as the basis of the request for a rehearing; and
(3) recite, if applicable, the specific findings of
fact, conclusions of law, or any other portions of the final order
to which the party objects.
(c) Replies to a motion for rehearing must be filed
with the chief hearings examiner in accordance with Government Code,
Chapter 2001, subject to Occupations Code, §2301.713.
(d) If the chief hearings examiner or designee grants
a motion for rehearing, the parties will be notified by mail and a
rehearing will be scheduled promptly. After rehearing, a final order
shall be issued with any additional findings of fact or conclusions
of law, if necessary to support the final order.
(e) A hearings examiner may issue a final order granting
the relief requested in a motion for rehearing or requested in a reply
to a motion for rehearing without the need for a rehearing.
(f) If a motion for rehearing is denied, the chief
hearings examiner or designee will issue a final order and notify
the parties.
|
