SECTION 148.4. Correction of Clerical Error

(a) Correction of Clerical Error Discovered by the Division. The division may at any time revise an order or decision to correct a clerical error. The division may enter a nunc pro tunc order after an order or decision has become final. To initiate the correction, the division will notify the parties to the order or decision of the proposed correction. If a party objects to the proposed clerical correction, it must do so by the date and time specified by the division. The date and time specified by the division may not exceed the point at which the order or decision becomes final.

(b) Request for Correction of Clerical Error Discovered by a Party.

(1) A party to an order or decision may request the correction of a clerical error from the division prior to the point at which the order or decision becomes final.

(2) To initiate the correction, the division will notify the parties of the proposed correction. If a party objects to the proposed clerical correction, it must do so by the date and time specified by the division. The date and time specified by the division may not exceed the point at which the order or decision becomes final.

(c) Notification. The division will notify the parties to an order or decision that a clerical correction was made by issuing a letter that includes the:

(1) date of the original order or decision;

(2) erroneous portion as originally stated;

(3) corrected portion as it reads; and

(4) signature of the authorized division personnel.

Source Note: The provisions of this §148.4 adopted to be effective July 27, 2014, 39 TexReg 5608