SECTION 67.93. Administrative Finality  


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  • (a) Administrative action becomes final in any of the following events:

    (1) adoption by the Board or its designee of a final Order and the failure to file a motion for rehearing within the time prescribed by the APA.

    (2) adoption by the Board or its designee of a final Order and the denial of a motion for rehearing, either expressly or by operation of law; or

    (3) adoption by the Board or its designee of a final Order which includes a statement that no motion for rehearing will be necessary because an imminent peril to the public health, safety, and welfare, including such peril to a plan or program administered by the Board, requires immediate effect to be given to a final decision or Order.

    (b) Any other decisions designated by these rules to constitute final Agency action are subject to requirements for motions for rehearing as provided in the APA.

Source Note: The provisions of this §67.93 adopted to be effective March 19, 1986, 11 TexReg 1149; amended to be effective January 10, 1999, 24 TexReg 165; amended to be effective September 14, 2006, 31 TexReg 7359; amended to be effective December 24, 2015, 40 TexReg 9302