1. (a) A decision or order in a contested case shall be in writing and shall be signed by the Commission, the Executive Director or both, as applicable. Decisions or orders shall include findings of fact and conclusions of law separately stated. A party notified by mail of a decision or order shall be presumed to have been notified on the third day after the date on which the notice is mailed.
2. (b) The timely filing of a motion for rehearing is a prerequisite to appeal. A motion for rehearing must be filed by a party not later than the 20th day after the date on which the party or the party's attorney of record is notified of the decision or order.
3. (c) In the absence of a timely filed motion for rehearing, a decision or order is final on the expiration of the period for filing a motion for rehearing as described in subsection (b). The decision is not appealable.
4. (d) If a timely motion for rehearing is filed as described in subsection (b), the Commission or Executive Director will act on a motion for rehearing not later than the 45th day after the date on which the party or the party's attorney of record is notified of the decision or order. The Commission or Executive Director may by written order extend the time for taking action, but may not extend the time beyond the 90th day after the date on which the party or the party's attorney of record is notified of the decision or order. The decision or order is final and appealable on the date an order overruling a motion for rehearing is signed or on the date the motion is overruled by operation of law.
5. (e) If the Commission or the Executive Director finds that an imminent peril to the public health, safety, or welfare requires immediate effect of a decision or order, that finding shall be recited in the decision or order as well as the fact that the decision or order is final and effective on the date signed. The decision or order is final and appealable on the date signed and no motion for rehearing is required as a prerequisite for appeal.
6. (f) A petition for judicial review must be filed in a District Court of Travis County Texas within 30 days after the order is final and appealable, as provided under the APA. A party filing a petition for judicial review must also comply with the requirements of Texas Occupations Code, §51.307.
7. (g) A party who appeals a final decision in a contested case must pay all costs for the preparation of the original or a certified copy of the record of the agency proceeding that is required to be transmitted to the reviewing court.
8. (h) If, after judicial review, the penalty is reduced or not assessed, the Executive Director shall remit to the person charged the appropriate amount, plus accrued interest if the penalty has been paid, or shall execute a release of the bond if a supersedeas bond has been posted. The accrued interest on amounts remitted by the Executive Director under this subsection shall be paid at a rate equal to the rate charged on loans to depository institutions by the New York Federal Reserve Bank, and shall be paid for the period beginning on the date that the assessed penalty is paid to the Department and ending on the date the penalty is remitted.

Source Note:The provisions of this §60.310 adopted to be effective July 1, 2009, 34 TexReg 4326.