SECTION 850.87. Motion for Reconsideration

(a) Any party to a hearing may file a motion for reconsideration within 20 days after the party is notified of the issuance of the IHO's decision. The motion shall be filed with the hearings coordinator within the Agency's Office of General Counsel.

(b) The motion for reconsideration shall specify the matters in the IHO's decision that the party considers to be erroneous. Any response to the motion for reconsideration shall be filed no later than 30 days after a party, or a party's attorney or representative, is notified of the IHO's issuance of the decision.

(c) The IHO shall rule on the motion for reconsideration no later than 15 days after receipt of the motion for reconsideration, or after receipt of the response to the motion for reconsideration, whichever comes later. If the motion for reconsideration is granted, the IHO issues a decision upon reconsideration within an additional 15 days. If the IHO fails to rule on the motion for reconsideration within 15 days, the motion for reconsideration is denied as a matter of law.

(d) Service. Service of the IHO's decision or of a motion for reconsideration or response under this section shall be made by any of the following means to a party, a party's attorney, or a party's representative:

(1) hand-delivery;

(2) courier-receipted delivery;

(3) regular first-class mail, certified mail, or registered mail;

(4) e-mail or facsimile transmission before 5:00 p.m. on a business day to the recipient's current e-mail address or telecopier number; or

(5) such other means as the IHO may direct.

(e) Date of service. The date of service is the date of hand-delivery, delivery by courier, mailing, e-mailing, or facsimile transmission, unless otherwise required by law. Unless the contrary is shown, a decision, motion, or response that is sent by regular first-class mail is presumed to have been received within three days of the date of postmark, if enclosed in a wrapper addressed to the recipient's last known address with return address to the sender, stamped with the appropriate first-class postage, and deposited with the US Postal Service on the date postmarked.

Source Note: The provisions of this §850.87 adopted to be effective May 13, 2019, 44 TexReg 2364