1. (a) When APA, §2001.144(a)(3) or (4) applies, a commission order is final as specified in the APA, a motion for rehearing is not required, and §80.271 and §80.273 of this title (relating to Motion for Rehearing and Decision Final and Appealable) do not apply.
2. (b) The commission may issue an order that is final under APA, §2001.144(a)(4) if all parties agree to the specified date in writing or on the record, and if the specified date is not before the date the order is signed or later than the 20th day after the date the order was rendered. For purposes of this subsection, the order is rendered on the date the chief clerk mails the decision or order by first-class mail to the parties. The commission is not required to issue an order under APA, §2001.144(a)(4) even when requested by all parties. When the parties request, and the commission agrees, to issue a final order under APA, §2001.144(a)(4), each party shall thereby waive any allegations of error not in the party's exceptions to the proposal for decision, reply to exceptions, or discussed as an issue in the judge's proposal for decision.

Source Note:The provisions of this §80.274 adopted to be effective December 1, 1997, 22 TexReg 11381.