(a) A motion for rehearing is required to exhaust all
administrative remedies. A motion for rehearing must be filed not
later than the 25th calendar day after the date the Commission decision
is signed, unless the time for filing the motion has been modified
by agreement between the parties and approved by the Commission. Any
reply to a motion for rehearing shall be filed with the Commission
not later than the 40th calendar day after the date the Commission
decision is signed. A party filing a motion for rehearing or a reply
to a motion for rehearing shall serve a copy on each party within
the filing deadline using the notification methods set forth in §819.199(c).
(b) The Commission may, by written order, extend the
time for filing motions and replies and for taking Commission action.
No extension may extend the period for Commission action beyond 100
days after the date the decision is signed. In the event of an extension,
a motion for rehearing is denied on the date fixed by the written
order or, in the absence of a fixed date, 100 days from the date the
decision is signed.
(c) If a party files a motion for rehearing, the Commission
may:
(1) grant such motion and remand for rehearing;
(2) deny such motion, either expressly or by operation
of law; or
(3) render a decision and issue an order that no rehearing
shall be necessary because imminent peril to the public health, safety,
or welfare requires immediate effect be given to the final order.
(d) If the Commission does not act on the motion for
rehearing within 55 calendar days after the date the decision was
signed, the motion is denied by operation of law and the decision
is final.
(e) A motion for rehearing must identify with particularity
findings of fact or conclusions of law that are the subject of the
complaint and any evidentiary or legal ruling claimed to be erroneous.
The motion must also state the legal and factual basis for the claimed
error.
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