1. (a) A party has 14 calendar days from the date the decision is mailed to file a motion for rehearing. A rehearing may be granted only for the presentation of new evidence.
2. (b) Motions for rehearing shall be in writing and allege the new evidence to be considered. The appellant must show a compelling reason why the evidence was not presented at the hearing and explain how consideration of the evidence would alter the outcome of the case.
3. (c) If the hearing officer determines that the motion does not meet the criteria in subsection (b) of this section, the hearing officer may issue a decision indicating that they have not been met and that no hearing will be set on the motion.
4. (d) If the hearing officer determines that the appellant has met the requirements of subsection (b) of this section, the hearing officer shall grant the motion and schedule a hearing to consider the new evidence on the record.
5. (e) The hearing officer shall issue a written decision following the hearing to consider the evidence on the Motion for Rehearing.
6. (f) After the hearing on the Motion for Rehearing, the hearing officer shall issue a written decision granting or denying the Motion for Rehearing and may affirm, reverse, leave in effect, void, or modify the prior decision.

Source Note:The provisions of this §823.32 adopted to be effective November 26, 2007, 32 TexReg 8546; amended to be effective January 25, 2021, 46 TexReg 607.