Texas Register
TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 533PRACTICE AND PROCEDURE
SUBCHAPTER BGENERAL PROVISIONS RELATING TO PRACTICE AND PROCEDURE
RULE §533.8Motions for Rehearing[; Finality of Decisions]
ISSUE 09/04/2015
ACTION Emergency
Preamble Texas Admin Code Rule
(a)The timely filing of a motion for rehearing is a prerequisite to appeal. [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 the order overrules a motion for rehearing, or on the date the motion for rehearing is overruled by operation of law.]

(b)Motions for rehearing are controlled by the APA [Texas Government Code], §§2001.145 - 2001.147 and this section.

(c) - (d)(No change.)

 (e)A petition for judicial review must be filed in a District Court of Travis County Texas [within 30 days after the order is final and appealable,] as provided by the APA [Texas Government Code, Title 10, Subtitle A, Chapter 2001]. A party filing a petition for judicial review must also comply with the requirements of Texas Occupations Code, §1101.707.

(f) - (g)(No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 18, 2015

TRD-201503208

Kerri Lewis

General Counsel

Texas Real Estate Commission

Effective date: September 1, 2015

Expiration date: December 29, 2015

For further information, please call: (512) 936-3092

 

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