1. (a) Prerequisite to appeal. A motion for rehearing is a prerequisite to appeal.

2. (b) Filing motion. A party must file a motion with the executive director within 20 days after the date the party or party's authorized representative is notified of the decision. For purposes of this subsection, a party or attorney of record is presumed notified on the third day after the date that the decision or order is mailed by first-class mail. The motion must contain:

   1. (1) the name and representative capacity of the person filing the motion;
   2. (2) the style and official docket number assigned by SOAH, and a department reference number, if applicable;
   3. (3) the date of the decision or order; and
   4. (4) a concise statement of each alleged error.
3. (c) Reply to motion for rehearing. A reply to a motion for rehearing must be filed with the executive director within 30 days after the date the party or party's authorized representative is notified of the decision. For purposes of this subsection, a party or attorney of record is presumed notified on the third day after the date that the decision or order is mailed by first-class mail.
4. (d) Ruling on motion for rehearing. The commission or the executive director, as specified by statute or department rule, will rule on a motion for rehearing and issue the ruling in accordance with the APA.
5. (e) Notice of ruling. After the commission or executive director issues a ruling on a motion for rehearing, the executive director will send a copy of the ruling by first class mail to each party or the party's authorized representative and will keep an appropriate record of the mailing.

Source Note:The provisions of this §1.38 adopted to be effective November 18, 2010, 35 TexReg 10053.