| (a) If an adversely affected party or the party's attorney
of record does not receive the notice or acquire actual knowledge
of a signed commission decision or order before the 15th day after
the date that the decision or order is signed, a period specified
by or agreed to under Texas Government Code, §§2001.144(a),
2001.146, 2001.147, 2001.176(a), or §80.272 of this title (relating
to Motion for Rehearing) relating to a decision or order or motion
for rehearing begins, with respect to that party, on the date the
party receives the notice or acquires actual knowledge of the signed
decision or order, whichever occurs first. The period may not begin
earlier than 15 days or later than 90 days after the date that the
decision or order was signed.
(b) To establish a revised period under subsection
(a) of this section, the adversely affected party must prove, on sworn
motion and notice, that the date the party received notice from the
commission or acquired actual knowledge of the signing of the decision
or order was at least 15 days after the date that the decision or
order was signed.
(c) The commission must grant or deny the sworn motion
not later than the date of the commission's next agenda meeting for
which proper notice can be provided.
(d) If the commission fails to grant or deny the motion
at the commission's next agenda meeting for which proper notice can
be provided, the motion is considered granted.
(e) If the sworn motion filed under subsection (b)
of this section is granted with respect to the party filing that motion,
all the periods specified by or agreed to under Texas Government Code, §§2001.144(a),
2001.146, 2001.147, 2001.176(a), or §80.272 of this title relating
to a decision or order, or motion for rehearing, shall begin on the
date specified in the sworn motion that the party first received the
notice required by Texas Government Code, §2001.142(a) and (b)
or acquired actual knowledge of the signed decision or order. The
date specified in the sworn motion shall be considered the date the
decision or order was signed.
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