SECTION 1.38. Motions for Rehearing

(a) Filing motion. A party must file a motion for rehearing with the executive director within the period provided by the APA for such a filing. In addition to information required by the APA, the motion must contain:

(1) the name and representative capacity of the person filing the motion;

(2) the style and official docket number assigned by SOAH, and a department reference number, if applicable;

(3) the date of the decision or order; and

(4) a concise statement of each alleged error.

(b) Reply to motion for rehearing. A reply to a motion for rehearing must be filed with the executive director within the period provided by the APA for such a reply.

(c) Ruling on motion for rehearing. The commission or the executive director, as specified by statute or department rule, will rule on a motion for rehearing and issue the ruling in accordance with the APA.

(d) Notice of ruling. After a ruling is issued on a motion for rehearing, the executive director will send a copy of the ruling in the manner provided by the APA to each party or the party's authorized representative.

Source Note: The provisions of this §1.38 adopted to be effective November 18, 2010, 35 TexReg 10053; amended to be effective June 15, 2016, 41 TexReg 4293