| (a) A decision is final:
(1) if a motion for rehearing is not filed on time,
on the expiration of the period for filing a motion for rehearing;
(2) if a motion for rehearing is filed on time, on
the date:
(A) the order overruling the motion for rehearing is
rendered; or
(B) the motion is overruled by operation of law;
(3) if the Commissioner finds that an imminent peril
to the public health, safety, or welfare requires immediate effect
of a decision or order, on the date the decision or order is rendered;
or
(4) if the decision or order is rendered pursuant to
the Act, §23-2.E, on the date it is rendered.
(b) If a decision or order is final under subsection
(a)(3) of this section, the Commissioner must recite in the decision
or order the finding made under subsection (a)(3) of this section
and the fact that the decision or order is final and effective on
the date rendered.
(c) A person who is aggrieved by a final decision of
the Commissioner in a contested case may seek judicial review of the
decision. Judicial review of such a decision is under the substantial
evidence rule.
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