| (a) If the commission acts on an application, the chief
clerk shall mail or otherwise transmit the order and notice of the
action to the applicant, executive director, public interest counsel,
and to other persons who timely filed public comment, or requests
for reconsideration or contested case hearing. The notice shall explain
the opportunity to file a motion under §80.272 of this title
(relating to Motion for Rehearing). If the commission adopts a response
to comments that is different from the executive director's response
to comments, the chief clerk shall also mail the final response to
comments. The chief clerk need not mail notice of commission action
to persons submitting public comment or requests for reconsideration
or contested case hearing who have not provided a return mailing address.
The chief clerk may mail the information to a representative group
of persons when a substantial number of public comments have been
submitted.
(b) If the commission acts on an application, §80.272
of this title applies. A motion for rehearing must be filed not later
than 25 days after the date the commission's final decision or order
on the application is signed, unless the time for filing the motion
for rehearing has been extended under Texas Government Code, §2001.142
and §80.276 of this title, by agreement under Texas Government
Code, §2001.147, or by the commission's written order issued
pursuant to Texas Government Code, §2001.146(e). If the motion
is denied under §80.272 and §80.273 of this title (relating
to Motion for Rehearing and Decision Final and Appealable) the commission's
decision is final and appealable under Texas Water Code, §5.351
or Texas Health and Safety Code, §§361.321, 382.032, or
401.341.
(c) Motions for rehearing may be filed on:
(1) an issue that was referred to State Office of Administrative
Hearings (SOAH) for contested case hearing, or an issue that was added
by the judge;
(2) issues that the commission declined to send to
SOAH for hearing; and
(3) the commission's decision on an application.
(d) A motion for rehearing must identify with particularity
findings of fact 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.
|
| Source Note: The provisions of this §50.119 adopted to be effective September 23, 1999, 24 TexReg 8254; amended to be effective February 3, 2000, 25 TexReg 593; amended to be effective December 31, 2015, 40 TexReg 9651 |
