SECTION 101.22. Motions for Rehearing

A motion for rehearing is a prerequisite to judicial review. A motion for rehearing must be filed with the director within 15 days after the date of rendition of a final decision or order. Replies to a motion for rehearing must be filed with the system within 25 days after the date of rendition of the final decision or order, and system action on the motion must be taken within 45 days after the date of rendition of the final decision or order. If system action is not taken within the 45-day period, the motion for rehearing is overruled by operation of law 45 days after the date of rendition of the final decision or order. The director may by written order entered prior to the expiration of the 45-day period extend the period of time for filing the motions and replies and taking system action, except that an extension may not extend the period for system action beyond 90 days after the date of rendition of the final decision or order. In the event of an extension, the 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 of the final decision or order. The parties may by agreement, with the approval of the director, provide for a modification of the time provided in this section.

Source Note: The provisions of this §101.22 adopted to be effective July 27, 1976, 1 TexReg 1929; amended to be effective January 27, 2000, 25 TexReg 389