1. (a) Correction of clerical error at request of party. Notwithstanding the provisions of §148.3 of this title (relating to Requesting a Hearing), the executive director or the director's designee may at any time revise an order or decision of the medical review division to correct clerical error:

   1. (1) at the request of a party or parties affected by the order or decision; or
   2. (2) on the executive director or the director's designee's decision.

2. (b) Contents of request. When a party requests correction of clerical error, the request shall:

   1. (1) include a copy of the order or decision marked to indicate the alleged error;
   2. (2) state the requested correction, and the reasons for making it;
   3. (3) be filed with the medical review division; and
   4. (4) include a certificate of service demonstrating that the request has been sent to all other parties affected by the order or decision in substance as follows: "I hereby certify that I have on this ___ day of __________, 20 __, served a copy of the attached instrument on (state the name of the other parties on whom a copy was served) by (state the manner of service.)"
3. (c) Time to file response. A party affected by the proposed correction to the order or decision may file a response to the request no later than 10 days after receipt of the request.

4. (d) Notice of action. No later than 30 days after the request was filed under subsection (b) of this section, the medical review division shall either:

   1. (1) issue and deliver to the parties a corrected order or decision;
   2. (2) advise the parties in writing that the order or decision was correct as originally entered; or
   3. (3) advise the parties in writing that the order or decision cannot be corrected pursuant to this section.
5. (e) Correction of clerical error on the determination of the executive director or the executive director's designee. When a clerical error is corrected on the determination of the executive director or the executive director's designee, a copy of the corrected order or decision will be delivered to all affected parties. A clerical error may be corrected on the determination of the executive director or the executive director's designee without prior notice to the parties.

6. (f) Notice of intent to revise decision or order at discretion of executive director or director's designee. Notwithstanding the provisions of subsection (e) of this section, when the executive director or the director's designee intends to correct a clerical error, at the discretion of the executive director or the director's designee, a notice may be sent advising the parties in writing by verifiable means of the intent to revise the order or decision to correct the clerical error.

   1. (1) Any party affected by the order or decision may file a response to the notice with the medical review division no later than 10 days after receipt of the notice of the commission's intent to revise the order or decision.

   2. (2) No later than 30 days after notice of the commission's intent to revise the order or decision, and after notice and opportunity to respond under paragraph (1) of this subsection, the commission shall either:

      1. (A) issue and deliver to the parties a corrected order or decision;
      2. (B) advise the parties in writing that the order or decision was correct as originally entered; or
      3. (C) advise the parties in writing that the order or decision cannot be corrected pursuant to this section.
7. (g) Request for correction of clerical error versus request for hearing. A request to correct clerical error shall not be deemed a request for hearing unless it complies with the requirements specified in §148.3(e) of this title (relating to Requesting a Hearing).

Source Note:The provisions of this §148.4 adopted to be effective June 9, 2005, 30 TexReg 3237.