| (a) Any party to a hearing, except as provided in Division
3 of this chapter (relating to Division for Early Childhood Intervention
Services), may file a motion for reconsideration within 20 days after
the party is notified of the issuance of the decision of the impartial
hearing officer. The motion shall be filed with the hearings coordinator,
DARS Legal Services.
(b) The motion for reconsideration must specify the
matters in the decision of the impartial hearing officer that the
party considers to be erroneous. Any response to the motion for reconsideration
must be filed no later than 30 days after a party, or a party's attorney
or representative, is notified of the impartial hearing officer's
issuance of the decision.
(c) The impartial hearing officer shall rule on the
motion for reconsideration no later than 15 days after receipt of
the motion, or after receipt of the response to the motion for reconsideration,
whichever comes later. If the motion is granted, the IHO issues a
decision upon reconsideration within an additional 15 days. If the
impartial hearing officer fails to rule on the motion for reconsideration
within 15 days, the motion is denied as a matter of law.
(d) Service. Service of the impartial hearing officer's
decision or of a motion or response under this section shall be made
by any of the following means to a party, a party's attorney, or representative:
(1) hand-delivery;
(2) courier-receipted delivery;
(3) regular first-class mail, certified, or registered
mail;
(4) email or facsimile transmission before 5:00 p.m.
on a business day to the recipient's current email address or telecopier
number; or
(5) such other means as the impartial hearing officer
may direct.
(e) Date of service. The date of service is the date
of hand-delivery, of delivery by courier, of mailing, of emailing,
or of facsimile transmission, unless otherwise required by law. Unless
the contrary is shown, a decision, motion, or response that is sent
by regular first-class mail is presumed to have been received within
three days of the date of postmarking, if enclosed in a wrapper addressed
to the recipient's last known address with return address to the sender,
stamped with the appropriate first-class postage, and deposited with
the U.S. Postal Service on the date postmarked.
|
| Source Note: The provisions of this §101.943 adopted to be effective March 12, 2012, 37 TexReg 1706; amended to be effective December 31, 2012, 37 TexReg 9785; amended to be effective June 1, 2013, 38 TexReg 3355 |
