A motion for rehearing is a prerequisite to a judicial appeal. A motion for rehearing must be filed within 15 days after the date of rendition of a final decision or order. Replies to a motion for rehearing must be filed with the executive administrator within 25 days after the date of rendition of the final decision or order, and board action must be taken within 45 days after the date of rendition of the final decision or order. If board action is not taken within the 45-day period, the motion for rehearing is overruled by operation of law 45 days after the date of rendition of the final decision or order. The executive administrator may by written order extend the period of time for filing the motions and replies and taking board action, except that an extension may not extend the period for board action beyond 90 days after the date of rendition of the final decision or order. In the event of an extension, the motion for rehearing is overruled by operation of law on the date fixed by the order, or in the absence of a fixed date, 90 days after the date of the final decision or order. The parties may by agreement with the approval of the executive administrator provide for a modification of the times provided in this section. The motion for rehearing in a contested case may be considered by the board at a regularly called meeting of the board, or by mail, telephone, telegraph, or other suitable means of communication.

Source Note:The provisions of this §23.21 adopted to be effective February 18, 1981, 6 TexReg 553; transferred effective September 1, 1991, as published in the Texas Register, October 11, 1991, 16 TexReg 5737.