| (4) The Board shall either grant or deny the motion for rehearing
within 45 days after the date that the decision is rendered. If the Board
does not rule on the motion for rehearing, the motion is overruled by operation
of law 45 days after the date the party or his attorney is notified of the
decision of the Board.
(5) The Board may by written order extend the time for filing
a motion or reply or ruling on the motion for rehearing, except that an extension
may not extend the period for Board action beyond the 90th day after the date
on which the party or the party's attorney of record is notified of the Board's
decision. In the event of an extension, a motion for rehearing is overruled
by operation of law on the date fixed by the order or, in the absence of a
fixed date, 90 days after the date on which the party or the party's attorney
of record is notified of the Board's decision.
(k) Record. The record in a hearing under these standards consists
of:
(1) a copy of the division's notice of proposed action that
generated the appeal;
(2) the request for assignment of administrative law judge;
(3) the notice of hearing;
(4) all pleadings, motions, and intermediate rulings;
(5) evidence received or considered;
(6) a statement of matters officially noticed;
(7) questions and offers of proof, objections, and rulings
on them;
(8) proposed findings and exceptions;
(9) any decision, opinion, or report by the administrative
law judge presiding at the hearing;
(10) all staff memoranda or data submitted to or considered
by the administrative law judge or members of the agency who are involved
in making the decision;
(11) the recording and transcription, if any, of the proceedings;
(12) the administrative law judge's draft and recommendation;
(13) the recommendation of the subcommittee of the board;
(14) the Board's decision;
(15) the motion for rehearing and any replies to it; and
(16) the Board's ruling on the motion for rehearing.
|
| Source Note: The provisions of this §163.47 adopted to be effective August 16, 1995, 20 TexReg 5799; amended to be effective October 13, 1997, 22 TexReg 9896; amended to be effective June 20, 2002, 27 TexReg 5220 |
