SECTION 107.56. Motions for Rehearing: Procedures

(a) A motion for rehearing in a contested case must be filed with the Board not later than the 20th day after the date on which the party or the party's attorney of record is notified as required by §107.53 of this title (relating to Final Decisions and Orders), of a decision or order that may become final.

(b) A reply to a motion for rehearing must be filed with the agency not later than the 30th day after the date on which the party or the party's attorney of record is notified as required by §107.53 of this title (relating to Final Decisions and Orders) of the decision or order that may become final.

(c) The agency shall act on a motion for rehearing not later than the 45th day after the date on which the party or the party's attorney of record is notified as required by §107.53 of this title (relating to Final Decisions and Orders) of the decision or order that may become final or the motion for rehearing is overruled by operation of law. If the board includes a member who receives no salary except for per diem for his work as a board member and who resides outside Travis county, the board may rule on a motion for rehearing at a meeting or by mail, telephone, telegraph, or other suitable means of communication.

(d) The agency may by written order extend the time for filing a motion or reply or taking action, except that an extension may not extend the period for agency action beyond the 90th day after the date on which the party or the party's attorney of record is notified as required by §107.53 of this title (relating to Final Decisions and Orders) of the decision or order that may become final.

(e) In the event of an extension, a motion for rehearing is overruled by operation of law on the date fixed by the order or, in the absence of a fixed date, 90 days after the date on which the party or the party's attorney of record is notified as required by §107.53 of this title (relating to Final Decisions and Orders) of the decision or order that may become final.

Source Note: The provisions to this §107.56 adopted to be effective November 30, 1999, 24 TexReg 10545