SECTION 80.274. Motion for Rehearing Not Required in Certain Cases  


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  • (a) A motion for rehearing is not required, and §80.272 and §80.273 of this title (relating to Motion for Rehearing and Decision Final and Appealable) do not apply when a final commission order is issued under Texas Government Code, §2001.144(a)(3) or (4).

    (b) The commission may issue an order that is final under Texas Government Code, §2001.144(a)(4) if all parties agree to the specified date in writing or on the record, and if the specified date is not before the date the order is signed. The commission is not required to issue an order under Texas Government Code, §2001.144(a)(4) even when requested by all parties. When the parties request, and the commission agrees, to issue a final order under Texas Government Code, §2001.144(a)(4), each party shall thereby waive any allegations of error not in the party's exceptions to the proposal for decision, reply to exceptions, or discussed as an issue in the judge's proposal for decision.

Source Note: The provisions of this §80.274 adopted to be effective December 1, 1997, 22 TexReg 11381; amended to be effective December 31, 2015, 40 TexReg 9680