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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 91HEARINGS UNDER THE ADMINISTRATIVE PROCEDURE ACT
RULE §91.7Motion for Rehearing

A motion for rehearing is governed by Texas Government Code, §2001.146, as follows:

  (1) A party may file a motion for rehearing. A motion for rehearing must be in writing and must be received by the commissioner or the commissioner's designee within 20 days after the date the party or party's representative is notified of a decision in accordance with §91.6(b) of this chapter (relating to Issuance and Finality of Decision).

  (2) A party may file a reply to a motion for rehearing. A reply must be in writing and be filed with the commissioner or the commissioner's designee not later than the 30th day after the date on which the party or party's representative is notified of a decision in accordance with §91.6(b) of this chapter.

  (3) The commissioner or the commissioner's designee acts on a motion for rehearing not later than the 45th day after the date on which the party or party's representative is notified of a decision in accordance with §91.6(b) of this chapter, or the motion for rehearing is overruled by operation of law.

  (4) The commissioner or the commissioner's designee may by written order extend the time for filing a motion for rehearing or a reply, or for acting on a motion for rehearing under this section, except an extension may not extend the period for acting on a motion for rehearing beyond the 90th day after the date on which the party or the party's representative is notified of a decision in accordance with §91.6(b) of this chapter.

  (5) If the commissioner or the commissioner's designee issues an order extending the time for filing a motion for rehearing or a reply, or for acting on a motion for rehearing under this section, the motion for rehearing is overruled by operation of law on the date specified in the order. If the order does not specify a date, the motion for rehearing is overruled by operation of law 90 days after the date on which the party or party's representative is notified of a decision in accordance with §91.6(b) of this chapter.


Source Note: The provisions of this §91.7 adopted to be effective January 27, 2011, 36 TexReg 278

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