SECTION 157.1061. Motions for Rehearing

(a) In the absence of a finding of imminent peril, a motion for rehearing is a prerequisite to a judicial appeal. A motion for rehearing must be filed by a party representative within 25 days after the date the decision or order that is the subject of the motion is signed.

(b) Replies to a motion for rehearing must be filed with the agency within 40 days after the date the decision or order that is the subject of the motion is signed.

(c) Agency action on the motion for rehearing must be taken within 55 days after the date the decision or order that is the subject of the motion is signed. If agency action is not taken within the 55-day period, the motion for rehearing is overruled by operation of law 55 days after the date the decision or order that is the subject of the motion is signed.

(d) The agency may, by written order, extend the period of time for filing the motions or replies and taking agency action, except that an extension may not extend the period for agency action beyond 100 days after the date the decision or order that is the subject of the motion is signed.

(e) 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, 100 days after the date the decision or order that is the subject of the motion is signed.

Source Note: The provisions of this §157.1061 adopted to be effective July 20, 2004, 29 TexReg 6887; amended to be effective May 18, 2021, 46 TexReg 3125