(a) Motions for rehearing in proceedings under
Chapter 1103, Texas Occupations Code, are governed by §§2001.144
- 2001.147, Texas Government Code, and this section. [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 made by the Board.]
(b)Motions for rehearing in proceedings
under Chapter 1104, Texas Occupations Code, are governed by §1104.216,
Texas Occupations Code, §§2001.144 - 2001.147, Texas Government
Code, and this section.
(c)A timely-filed motion for rehearing
is a prerequisite to appeal except as provided in section 157.17 of
this subchapter.
(d)Replies to a motion for rehearing
may be filed as provided in Chapter 2001, Texas Government Code.
(e)[(b)] A motion for rehearing
shall set forth the particular finding of fact, conclusion of law,
ruling, or other action which the complaining party asserts caused
substantial injustice to the party and was in error such as violation
of a constitutional or statutory provision, lack of authority, unlawful
procedure, lack of substantial evidence, abuse of discretion, other
error of law, or other good cause specifically described in the motion.
In the absence of specific grounds in the motion, the Board shall
presume that the motion should be overruled.
[(c)Board action. Board action on
a motion must be taken no later than the 20th day after the date the
commissioner is served with the motion for rehearing. If Board action
is not taken within the 20 day period, the motion for rehearing is
overruled by operation of law.]
[(d)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.]
(f)[(e)] Any party may request
oral arguments before the Board prior to the final disposition of
the motion for rehearing. Oral arguments will be conducted in accordance
with paragraphs (1) - (5) of this subsection.
(1)The chairperson or the Board member designated
by the chairperson to preside (the presiding member) shall announce
the case. Upon the request of any party, the presiding member may
conduct a prehearing conference with the parties and their attorneys
of record. The presiding member may announce reasonable time limits
for any oral arguments to be presented by the parties.
(2)The hearing on the motion shall be limited to a
consideration of the grounds set forth in the motion. Testimony by
affidavit or documentary evidence such as excerpts of the record before
the presiding officer may be offered in support of, or in opposition
to, the motion; provided, however, a party offering affidavit testimony
or documentary evidence must provide the other party with copies of
the affidavits or documents at the time the motion is filed. New evidence
may not be presented on the substance of the case unless the party
submitting the evidence can establish that the new evidence was not
reasonably available at the time of the original hearing or the party
offering the evidence was misled by a party regarding the necessity
for offering the evidence at the original hearing.
(3)In presenting oral arguments, the party filing
the motion will have the burden of proof and shall open and close.
The party responding to the motion may offer rebuttal arguments. Parties
may request an opportunity for additional rebuttal subject to the
discretion of the presiding member.
(4)After being recognized by the presiding member,
the members of the Board may ask questions of the parties. If a party
is represented by counsel, the questions must be directed to the party's
attorney. Questions must be limited to the grounds asserted for the
motion to be granted and to the arguments made by the parties.
(5)Upon the conclusion of oral arguments, questions
by the members of the Board, and any discussion by the member of the
Board, the presiding member shall call for a vote on the motion. A
member of the Board need not make a separate motion or second a motion
filed by a party. The presiding member may vote on the motion. A motion
may be granted only if a majority of the members present and voting
vote in favor of the motion. In the event of a tie vote, the presiding
member shall announce that the motion is overruled.
(g)[(f)] A decision is final
and appealable on the date rendered if:
(1) the Board finds that an imminent peril
to the public health, safety or welfare requires immediate effect;
and[,]
(2)the Board's [in which
event the] decision or order recites this [shall
recite the] finding and the fact that the decision is final
and effective on the date rendered.
The agency certifies that legal counsel has
reviewed the emergency adoption 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-201503184 Kristen Worman
General Counsel
Texas Appraiser Licensing and Certification Board
Effective date: September 1, 2015
Expiration date: December 29, 2015
For further information, please call: (512) 936-3652
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