| (a) Motions for rehearing, if filed, must be filed
by a party not later than the 25th day after the decision or order
that is the subject of the motion is signed, unless the time for filing
the motion for rehearing has been extended under subsection (e) of
this section. A motion for rehearing must identify with particularity
the findings of facts or conclusions of law that are the subject of
the complaint and any evidentiary or legal ruling claimed to be erroneous.
The motion must also state the legal and factual basis for the claimed
error. On filing of the motion for rehearing, the movant shall serve
copies of the motion on all other parties in accordance with §1.45
of this title (relating to Service in Protested Contested Cases).
(b) Replies to motions for rehearing must be filed
not later than the 40th day after the date the decision or order that
is subject of the motion is signed, or not later than the 10th day
after the date a motion for rehearing is filed if the time for filing
the motion for rehearing has been extended pursuant to subsection
(e) of this section. On filing of the reply, copies of the reply shall
be served on all other parties in accordance with §1.45 of this
title.
(c) Motions for rehearing and replies to motions for
rehearing may not be filed by fax or email unless permitted by the
examiner or the Hearings director. The number of copies required to
be filed will be determined by the examiner as noted in the notice
to the parties issued with the proposal for decision. All copies shall
be unstapled and three-hole punched for a three-ring binder.
(d) Commissioners shall act on a motion for rehearing
not later than the 55th day after the date the decision or order that
is the subject of the motion is signed or the motion for rehearing
is overruled by operation of law.
(e) The deadline for filing a motion for rehearing
may be extended as follows:
(1) The Commission may, on its own initiative or on
the motion of any party for cause shown, by written order, extend
the period of time for filing these motions and replies and for taking
Commission action, provided that the Commission extends the time or
takes the action not later than the 10th day after the date the period
for filing a motion or reply or taking agency action expires. An extension
shall not extend the period for Commission action beyond the 100th
day after the date the decision or order that is the subject of the
motion is signed. In the event of an extension, the motion for rehearing
is overruled by operation of law on the date fixed by the order or,
in the absence of a fixed date, on the 100th day after the decision
or order that is the subject of the motion is signed;
(2) The parties may, by agreement and with the approval
of the Commission, provide for a modification of the time periods
provided in this section; or
(3) Pursuant to Texas Government Code, §2001.142.
(f) A subsequent motion for rehearing is not required
after the Commission rules on a motion for rehearing unless the order
disposing of the original motion for rehearing:
(1) modifies, corrects, or reforms in any respect the
decision or order that is the subject of the complaint, other than
a typographical, grammatical, or other clerical change identified
as such by the agency in the order, including any modification, correction,
or reformation that does not change the outcome of the contested case;
or
(2) vacates the decision or order that is the subject
of the motion and provides for a new decision or order.
(g) A subsequent motion for rehearing required by subsection
(f) of this section must be filed not later than the 25th day after
the date the order disposing of the original motion for rehearing
is signed unless the deadline for filing the motion has been extended
pursuant to applicable law.
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