1. (a) A party to a benefit contested case hearing who is dissatisfied with the decision of the hearing officer may request the appeals panel to review that decision. The request shall:

   1. (1) be in writing;
   2. (2) clearly and concisely rebut each issue in the hearing officer's decision that the appellant wants reviewed, and state the relief the appellant wants granted;
   3. (3) be filed with the commission's central office in Austin not later than the 15th day after receipt of the hearing officer's decision; and
   4. (4) be served on the other party on the same day filed with the commission.
2. (b) The request shall contain a statement certifying that a copy has been served on the other party. A certificate in substantially the following form shall be used: "I hereby certify that I have on this _____ day of ______________, 19___, served a copy of the attached request for appeal on ____________________________________________ [state the name of the other party on whom a copy was served] by _________________________________ [state the manner of service]." __________ Signature.

3. (c) A request made under this section shall be presumed to be timely filed or timely served if it is:

   1. (1) mailed on or before the 15th day after the date of receipt of the hearing officer's decision, as provided in subsection (a) of this section; and
   2. (2) received by the commission or other party not later than the 20th day after the date of receipt of the hearing officer's decision.

Source Note:The provisions of this §143.3 adopted to be effective March 7, 1991, 16 TexReg 1195; amended to be effective December 31, 1991, 16 TexReg 7358.