- (a) Filing. Either party may file a written motion for rehearing. Any motion for rehearing must be filed with and received by the Texas Department of Human Services' (DHS's) Hearings Department on or before the 20th day after the date on which the parties were notified of the final order.
- (b) Reply. A written reply to a motion for rehearing must be filed with and received by DHS's Hearings Department on or before the 30th day after the date on which parties were notified of the final order.
- (c) Order on motion. An administrative law judge assigned by the director of DHS's Hearings Department must rule on a motion for rehearing no later than the 45th day after the date on which the final decision was mailed or the motion for rehearing is overruled by operation of law.
- (d) Extension of deadlines. The administrative law judge assigned by the director of DHS's Hearings Department may, by written order, extend the time of filing a motion or reply or for ruling on the motion for a period not to exceed the 90th day after the date on which the final order was mailed.
- (e) Shortening the time for filing. The parties may, in writing or on the record, agree to a date other than that provided by this section for filing a motion for rehearing if the specified date is not before the date the order is signed or later than the 20th day after the date the order is issued.
Source Note:The provisions of this §357.490 adopted to be effective November 1, 2001, 26 TexReg 8356; transferred effective September 1, 2004, as published in the Texas Register September 17, 2004, 29 TexReg 9013.