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Rule §401.220 Motion For Rehearing


Published: 2015

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A motion for rehearing may be filed by any party with the Commission by filing it with the Office of the General Counsel within 20 days of a decision or order that may become final under Texas Government Code §2001.146. The motion must state each specific ground upon which the party believes the decision is erroneous. Any reply to a motion for rehearing must be filed within 30 days of a decision or order that may become final under Texas Government Code §2001.144. The motion will be acted on within 45 days of a decision or order that may become final under Texas Government Code §2001.144, or the motion will be overruled by operation of law. These times are calculated in accordance with Texas Government Code §2001.142 as provided by Texas Government Code, Chapter 2001, Administrative Procedure Act. The Commission may, by written order, extend the time for filing a motion or reply or taking agency action under Texas Government Code Annotated §2001.146. The Executive Director or the Charitable Bingo Operations Director, as appropriate, may act on behalf of the Commission to extend the time for the Commission to act on a motion for rehearing if such motion can not be considered by the Commission prior to the time it will expire by operation of law. An extension may not extend the period for Commission action beyond the 90th day after the date on which the party or party's attorney of record is notified, as required by Texas Government Code Annotated §2001.142, of the decision or order that may become final under §2001.144.

Source Note: The provisions of this §401.220 adopted to be effective April 28, 1992, 17 TexReg 2781; transferred effective December 27, 1993, as published in the Texas Register January 4, 1994, 19 TexReg 78; amended to be effective February 17, 1995, 20 TexReg 640; amended to be effective March 31, 2010, 35 TexReg 2556