A motion for rehearing is a prerequisite to an appeal. A motion for rehearing must be filed within 20 days after the date the party or his attorney of record is notified of the final decision or order. Replies to a motion for rehearing must be filed with the agency within 30 days after the date the party or his attorney of record is notified of the final decision or order, and agency action on the motion must be taken within 45 days after the date the party or his attorney of record is notified of the final decision or order. If agency action is not taken within the 45-day period, the motion for rehearing is overruled by the operation of law 45 days after the date of rendition of the final decision or order. The agency may by written order extend the period of time for the filing the motions and replies and taking agency action, except that an extension may not extend the period for the agency 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 the party or his attorney of record is notified of the final decision or order. The parties may by agreement with the approval of the agency provide for a modification of the times provided in this section.

Source Note:The provisions of this §107.55 adopted to be effective January 1, 1976; amended to be effective June 12, 1992, 17 TexReg 3907.