SECTION 107.54. Administrative Finality

(a) A decision in a contested case is final:

(1) if a motion for rehearing is not filed on time, on the expiration of the period for filing a motion for rehearing;

(2) if a motion for rehearing is filed on time, on the date:

(A) the order overruling the motion for rehearing is rendered; or

(B) the motion is overruled by operation of law.

(3) if the agency finds that an imminent peril to the public health, safety, or welfare requires immediate effect of a decision or order, on the date the decision is rendered, or;

(4) on the date specified in the order for a case in which all parties agree to the specified date in writing or on the record, if the specified date is not before the date the order is signed or later than the 20th day after the date the order was rendered.

(b) If a decision or order is final under subsection (a)(3) of this section, the agency must recite in the decision or order the finding made under subsection (a)(3) of this section and the fact that the decision is final and effective on the date rendered.

Source Note: The provisions of this §107.54 adopted to be effective January 1, 1976; amended to be effective November 30, 1999, 24 TexReg 10545; amended to be effective September 14, 2010, 35 TexReg 8342