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Historical Rule for the Texas Administrative Code

TITLE 22EXAMINING BOARDS
PART 8TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD
CHAPTER 157RULES RELATING TO PRACTICE AND PROCEDURE
SUBCHAPTER CPOST HEARING
RULE §157.18Motions for Rehearing; Finality of Decisions

(a) Filing times. A motion for rehearing must be filed within 20 days after a party has been notified, either in person or by certified mail, return receipt requested, of the final decision or order by the administrative law judge.

(b) Board action. Board action on a motion must be taken no later than the 20th day after the date the commissioner is served with the motion for rehearing. If board action is not taken within the 20 day period, the motion for rehearing is overruled by operation of law.

(c) A decision is final, in the absence of a timely motion for rehearing, on the expiration of the period for filing a motion for rehearing. A decision is final and appealable on the date of rendition of the order overruling a motion for rehearing, or on the date the motion for rehearing is overruled by operation of law.

(d) A decision is final and appealable on the date rendered if the board finds that an imminent peril to the public health, safety or welfare requires immediate effect, in which event the decision or order shall recite the finding and the fact that the decision is final and effective on the date rendered.


Source Note: The provisions of this §157.18 adopted to be effective April 1, 2001, 26 TexReg 2169; amended to be effective December 29, 2005, 30 TexReg 8692; amended to be effective October 12, 2006, 31 TexReg 8368

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