| (a) Motions for rehearing, replies thereto, and commission
action on motions for rehearing shall be governed by APA. Only a party
to a proceeding before the commission may file a motion for rehearing.
(b) All motions for rehearing shall state the claimed
error with specificity. If an ultimate finding of fact stated in statutory
language is claimed to be in error, the motion for rehearing shall
state all underlying or basic findings of fact claimed to be in error
and shall cite specific evidence which is relied upon as support for
the claim of error.
(c) A motion for rehearing or a reply to a motion for
rehearing is untimely if it is not filed by the deadlines specified
in APA §2001.146 or, if the commission extends the time to file
such motion or reply or approves a time agreed to by the parties,
the date specified in the order of the commission extending time or
approving the time.
(d) A motion by a party to extend time related to a
motion for rehearing must be filed no less than ten days before the
end of the time period that the party seeks to extend or it is untimely.
Such motion must state with specificity the reasons the extension
is justified.
(e) Upon the filing of a timely motion for rehearing
or a timely motion to extend time, the Commission Advising and Docket
Management Division shall send separate ballots to each commissioner
to determine whether they will consider the motion at an open meeting.
Untimely motions shall not be balloted. An affirmative vote by one
commissioner is required for consideration of a motion for rehearing
or a motion to extend time at an open meeting. If no commissioner
votes to add a timely motion to extend time to an open meeting for
consideration, the motion is overruled ten days after the motion is
filed.
(f) If the commission extends time to act on a motion
for rehearing, the Commission Advising and Docket Management Division
shall send separate ballots to each commissioner to determine whether
they will consider the motion for rehearing at a subsequent open meeting.
An affirmative vote by one commissioner is required to place the motion
for rehearing on an open meeting agenda.
(g) A party that files a motion for rehearing or a
reply to a motion for rehearing shall deliver a copy of the motion
or reply to every other party in the case.
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| Source Note: The provisions of this §22.264 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective March 10, 1999, 24 TexReg 1613; amended to be effective March 26, 2001, 26 TexReg 2351; amended to be effective December 4, 2016, 41 TexReg 9472 |
