1. (a) Except where otherwise provided by law, the petitioner shall file with the commissioner a petition for review within 45 calendar days after the decision, order, or ruling complained of is first communicated to the petitioner. In all cases, when a decision is announced in the presence of the petitioner or the petitioner's representative of record at a hearing, the announced decision shall constitute communication to the petitioner.

2. (b) A petition for review shall contain the following:

   1. (1) a description of the ruling, action, or failure to act complained of;
   2. (2) the date of the ruling, action, or failure to act;
   3. (3) a precise description of the action the petitioner wants the commissioner to take on the petitioner's behalf;
   4. (4) a statement of the reason the petitioner is entitled to have the commissioner take action;
   5. (5) a statement of the facts of which the petitioner is aware or which the petitioner believes to be true, which would lead to a reasonable conclusion that the petitioner is entitled to the relief sought; and
   6. (6) the name, mailing address, telephone number of the petitioner's party representative during business hours, and facsimile number, if any.
3. (c) Nothing in this section requires the petitioner to plead all evidence relied upon. However, all issues relied upon by the petitioner must be raised in the petition for review, and the petitioner will be denied the opportunity to present evidence on issues not raised in the petition for review.
4. (d) The petition for review shall be served on the respondent by personal delivery or by certified mail. A certificate evidencing service shall be included in the petition for review.

Source Note:The provisions of this §157.1051 adopted to be effective April 7, 1993, 18 TexReg 1928.