Texas Register

TITLE 22 EXAMINING BOARDS
PART 8TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD
CHAPTER 157RULES RELATING TO PRACTICE AND PROCEDURE
SUBCHAPTER CPOST HEARING
RULE §157.18Motions for Rehearing; Finality of Decisions
ISSUE 12/23/2005
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)Filing times. A motion for rehearing must be filed within 20 days after a party has been notified, either in person or by certified mail, return receipt requested, of the final decision or order by the administrative law judge.

(b)Board action. Board action on a motion must be taken within 90 days after the date of rendition of the final decision or order. If board action is not taken within the 90 day period, the motion for rehearing is overruled by operation of law unless an extension is granted by the board for taking an action on said motion.

(c)A decision is final, in the absence of a timely motion for rehearing, on the expiration of the period for filing a motion for rehearing. A decision is final and appealable on the date of rendition of the order overruling a motion for rehearing, or on the date the motion for rehearing is overruled by operation of law.

(d)A decision is final and appealable on the date rendered if the board finds that an imminent peril to the public health, safety or welfare requires immediate effect, in which event the decision or order shall recite the finding and the fact that the decision is final and effective on the date rendered.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 9, 2005

TRD-200505714

Wayne Thorburn

Commissioner

Texas Appraiser Licensing and Certification Board

Effective date: December 29, 2005

Proposal publication date: September 30, 2005

For further information, please call: (512) 465-3950



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