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RULE §157.18Motions for Rehearing
Historical Texas Register

(a) Motions for rehearing in proceedings under Chapter 1103, Texas Occupations Code, are governed by §§2001.144 - 2001.147, Texas Government Code, and this section.

(b) Motions for rehearing in proceedings under Chapter 1104, Texas Occupations Code, are governed by §1104.216, Texas Occupations Code, §§2001.144 - 2001.147, Texas Government Code, and this section.

(c) A timely-filed motion for rehearing is a prerequisite to appeal, except as provided in §157.17 of this subchapter. The motion must be filed with the Board by:

  (1) delivering the motion in-person to the Board's headquarters;

  (2) sending the motion via email to general.counsel@talcb.texas.gov; or

  (3) sending the motion via fax to (512) 936-3788, ATTN: TALCB General Counsel.

(d) Replies to a motion for rehearing may be filed as provided in Chapter 2001, Texas Government Code.

(e) A motion for rehearing shall set forth the particular finding of fact, conclusion of law, ruling, or other action which the complaining party asserts caused substantial injustice to the party and was in error such as violation of a constitutional or statutory provision, lack of authority, unlawful procedure, lack of substantial evidence, abuse of discretion, other error of law, or other good cause specifically described in the motion. In the absence of specific grounds in the motion, the Board will take no action, and the motion will be overruled by operation of law.

(f) Any party may request oral arguments before the Board prior to the final disposition of the motion for rehearing. If the Board grants a request for oral argument, oral arguments will be conducted in accordance with this subsection.

  (1) The chairperson or the Board member designated by the chairperson to preside (the presiding member) shall announce the case. Upon the request of any party, the presiding member may conduct a prehearing conference with the parties and their attorneys of record. The presiding member may announce reasonable time limits for any oral arguments to be presented by the parties.

  (2) Oral arguments on the motion shall be limited to a consideration of the grounds set forth in the motion. Testimony by affidavit or documentary evidence such as excerpts of the record before the presiding officer may be offered in support of, or in opposition to, the motion; provided, however, a party offering affidavit testimony or documentary evidence must provide the other party with copies of the affidavits or documents at the time the motion is filed. New evidence may not be presented on the substance of the case unless the party submitting the evidence can establish that the new evidence was not reasonably available at the time of the contested case hearing or the party offering the evidence was misled by a party regarding the necessity for offering the evidence at the contested case hearing.

  (3) In presenting oral arguments, the party filing the motion will have the burden of proof and shall open and close. The party responding to the motion may offer rebuttal arguments. Parties may request an opportunity for additional rebuttal subject to the discretion of the presiding member.

  (4) After being recognized by the presiding member, the members of the Board may ask questions of the parties. If a party is represented by counsel, the questions must be directed to the party's attorney. Questions must be limited to the grounds asserted for the motion to be granted and to the arguments made by the parties.

  (5) Upon the conclusion of oral arguments, questions by the members of the Board, and any discussion by the member of the Board, the presiding member shall call for a vote on the motion. A member of the Board need not make a separate motion or second a motion filed by a party. The presiding member may vote on the motion. A motion may be granted only if a majority of the members present and voting vote in favor of the motion. In the event of a tie vote, the presiding member shall announce that the motion is overruled.

(g) A decision is final and appealable on the date rendered if:

  (1) the Board finds that an imminent peril to the public health, safety or welfare requires immediate effect; and

  (2) the Board's decision or order recites this finding and the fact that the decision is final and effective on the date rendered.

Source Note: The provisions of this §157.18 adopted to be effective April 1, 2001, 26 TexReg 2169; amended to be effective December 29, 2005, 30 TexReg 8692; amended to be effective October 12, 2006, 31 TexReg 8368; amended to be effective January 9, 2008, 33 TexReg 178; amended to be effective December 4, 2012, 37 TexReg 9507; amended to be effective June 8, 2014, 39 TexReg 4254; amended to be effective January 1, 2016, 40 TexReg 8897; amended to be effective May 14, 2018, 43 TexReg 3096; amended to be effective May 26, 2022, 47 TexReg 3048

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