(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 board.
(b) Board action. Board action on a motion must be taken within
45 days after the date of rendition of the final decision or order. If board
action is not taken within the 45-day period, the motion for rehearing is
overruled by operation of law unless an extension is granted by the board
for taking an action on said motion. No extension shall exceed 90 days from
the date of rendition of the final decision or order.
(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.
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