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RULE §157.18 Motions for Rehearing; Finality of Decisions

Published: 2015

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(a) Filing times. A motion for rehearing must be filed
within 20 days after a party has been notified, either in person or
by certified mail, return receipt requested, of the final decision
or order made by the Board.
(b) A motion for rehearing shall set forth the particular
finding of fact, conclusion of law, ruling, or other action which
the complaining party asserts caused substantial injustice to the
party and was in error such as violation of a constitutional or statutory
provision, lack of authority, unlawful procedure, lack of substantial
evidence, abuse of discretion, other error of law, or other good cause
specifically described in the motion. In the absence of specific grounds
in the motion, the Board shall presume that the motion should be overruled.

(c) Board action. Board action on a motion must be
taken no later than the 20th day after the date the commissioner is
served with the motion for rehearing. If Board action is not taken
within the 20 day period, the motion for rehearing is overruled by
operation of law.
(d) A decision is final, in the absence of a timely
motion for rehearing, on the expiration of the period for filing a
motion for rehearing. A decision is final and appealable on the date
of rendition of the order overruling a motion for rehearing, or on
the date the motion for rehearing is overruled by operation of law.
(e) Any party may request oral arguments before the
Board prior to the final disposition of the motion for rehearing.
Oral arguments will be conducted in accordance with paragraphs (1)
(5) of this subsection.
  (1) The chairperson or the Board member designated
by the chairperson to preside (the presiding member) shall announce
the case. Upon the request of any party, the presiding member may
conduct a prehearing conference with the parties and their attorneys
of record. The presiding member may announce reasonable time limits
for any oral arguments to be presented by the parties.
  (2) The hearing on the motion shall be limited to a
consideration of the grounds set forth in the motion. Testimony by
affidavit or documentary evidence such as excerpts of the record before
the presiding officer may be offered in support of, or in opposition
to, the motion; provided, however, a party offering affidavit testimony
or documentary evidence must provide the other party with copies of
the affidavits or documents at the time the motion is filed. New evidence
may not be presented on the substance of the case unless the party
submitting the evidence can establish that the new evidence was not
reasonably available at the time of the original hearing or the party
offering the evidence was misled by a party regarding the necessity
for offering the evidence at the original hearing.
  (3) In presenting oral arguments, the party filing
the motion will have the burden of proof and shall open and close.
The party responding to the motion may offer rebuttal arguments. Parties
may request an opportunity for additional rebuttal subject to the
discretion of the presiding member.
  (4) After being recognized by the presiding member,
the members of the Board may ask questions of the parties. If a party
is represented by counsel, the questions must be directed to the party's
attorney. Questions must be limited to the grounds asserted for the
motion to be granted and to the arguments made by the parties.
  (5) Upon the conclusion of oral arguments, questions
by the members of the Board, and any discussion by the member of the
Board, the presiding member shall call for a vote on the motion. A
member of the Board need not make a separate motion or second a motion
filed by a party. The presiding member may vote on the motion. A motion
may be granted only if a majority of the members present and voting
vote in favor of the motion. In the event of a tie vote, the presiding
member shall announce that the motion is overruled.
(f) A decision is final and appealable on the date
rendered if the Board finds that an imminent peril to the public health,
safety or welfare requires immediate effect, in which event the decision
or order shall recite the finding and the fact that the decision is
final and effective on the date rendered.

Source Note: The provisions of this §157.18 adopted to be effective April 1, 2001, 26 TexReg 2169; amended to be effective December 29, 2005, 30 TexReg 8692; amended to be effective October 12, 2006, 31 TexReg 8368; amended to be effective January 9, 2008, 33 TexReg 178; amended to be effective December 4, 2012, 37 TexReg 9507; amended to be effective June 8, 2014, 39 TexReg 4254