SECTION 357.498. Final Orders and Rehearing

(a) Final Orders. The judge issues a final order for a case:

(1) referred by HHSC; or

(2) when the law governing the case provides for a final order to be issued by the judge.

(b) Notice of Final Order. Final orders are mailed by first class mail to the most recent address on file with the HHSC Appeals Division, and are presumed received on the third day after mailing. Final orders are mailed:

(1) to each party's representative, or

(2) if a party is not represented, to the party.

(c) Rehearing. A party must file any motion for rehearing in accordance with §357.488 of this title (relating to Filing and Service of Documents) on or before the 20th day after the final order is presumed received.

(d) Reply. A party must file any written reply to a motion for rehearing on or before the 30th day after the final order is presumed received.

(e) Order on motion. The judge shall rule on a motion for rehearing no later than the 45th day after the date the final order was mailed. Otherwise, the motion for rehearing is overruled by operation of law.

Source Note: The provisions of this §357.498 adopted to be effective June 20, 2007, 32 TexReg 3544