| (a) A motion for rehearing of a final order issued
by the board or a person delegated final order authority for a complaint
filed under Occupations Code, Chapter 2301, Subchapters E or M shall
proceed in accordance with Occupations Code, §2301.713.
(b) A hearings examiner shall prepare a final order
as soon as possible, but not later than 60 days after the hearing
is closed, or as otherwise provided by law. The final order shall
include the hearings examiner's findings of fact and conclusions of
law. The final order shall be sent by the department to all parties
by certified mail.
(c) A party who disagrees with the final order may
file a motion for rehearing in accordance with Government Code, Chapter
2001, subject to Occupations Code, Chapter 2301, Subchapter O. A motion
for rehearing of a final order issued by a hearings examiner must:
(1) be filed with the chief hearings examiner;
(2) include the specific reasons, exceptions, or grounds
asserted by a party as the basis of the request for a rehearing; and
(3) recite, if applicable, the specific findings of
fact, conclusions of law, or any other portions of the final order
to which the party objects.
(d) Replies to a motion for rehearing must be filed
with the chief hearings examiner in accordance with Government Code,
Chapter 2001, subject to Occupations Code, Chapter 2301, Subchapter
O.
(e) If the chief hearings examiner or the chief hearings
examiner's designee grants a motion for rehearing, the parties will
be notified by mail and a rehearing will be scheduled promptly. After
rehearing, a final order shall be issued with any additional findings
of fact or conclusions of law, if necessary to support the final order.
A hearings examiner may issue an order granting the relief requested
in a motion for rehearing or requested in a reply to a motion for
rehearing without the need for a rehearing. If a motion for rehearing
and the relief requested is denied, an order will be issued.
(f) A party who has exhausted all administrative remedies
and who is aggrieved by a final order in a contested case from which
appeal may be taken is entitled to judicial review pursuant to Government
Code, Chapter 2001, subject to Occupations Code, Chapter 2301, Subchapter
P, under the substantial evidence rule. A copy of the petition for
judicial review must be served on the final order authority and any
other parties of record. After service of the petition and within
the time permitted for filing an answer, the final order authority
shall transmit to the reviewing court the original or a certified
copy of the entire record of the proceeding. If the court orders that
new evidence be presented to the final order authority, the final
order authority may modify the findings and decision or order by reason
of the new evidence, and shall transmit the additional record to the
court.
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| Source Note: The provisions of this §215.207 adopted to be effective July 5, 2012, 37 TexReg 4950; amended to be effective March 11, 2014, 39 TexReg 1728; amended to be effective February 13, 2017, 42 TexReg 571; amended to be effective July 20, 2022, 47 TexReg 4151 |
