SECTION 140.5. Correction of Clerical Error

(a) The executive director or the executive director's designee may at any time revise an order or decision to correct clerical error:

(1) at the joint written request of the parties;

(2) at the request of a party affected by the order or decision; or

(3) on his or her own motion.

(b) When a party requests correction of clerical error, the request must:

(1) include a copy of the order or decision marked to indicate the alleged error;

(2) state the requested correction, and the reasons for making it;

(3) be filed with the hearings division; and

(4) be sent to all other parties affected by the order or decision.

(c) A party affected by the order or decision may file a response to the request no later than 10 days after receipt of the request.

(d) No later than 30 days after the request was filed, the hearings division shall either:

(1) issue and deliver to the parties a corrected order or decision; or

(2) advise the parties in writing that the order or decision was correct as originally entered.

(e) When clerical error is corrected on the motion of the executive director or designee, a copy of the corrected order or decision will be delivered to all affected parties.

Source Note: The provisions of this §140.5 adopted to be effective May 24, 1991, 16 TexReg 2607; amended to be effective May 1, 1996, 21 TexReg 3436.