1. (a) A party's motion for rehearing must be filed with the Securities Commissioner not later than the 20th day after the date on which the decision on the administrative law judge's proposal for decision is mailed to or personally served on the party or the party's attorney of record. A motion for rehearing must set forth the particular finding(s) of fact, conclusion(s) of law, ruling(s), or other action(s) which the complaining party asserts were in error, such as violation of a constitutional or statutory provision(s), lack of authority, unlawful procedure(s), lack of substantive evidence, abuse of discretion or other error(s) of law, or other good cause specifically described in the motion. In the absence of specific grounds in the motion, the Commissioner shall presume that the motion should be overruled.
2. (b) A reply to a motion for rehearing must be filed not later than the 30th day after the date on which the decision on the administrative law judge's proposal for decision is mailed to or personally served on a party or the party's attorney of record.
3. (c) Failure of the Securities Commissioner to act on a motion for rehearing not later than the 45th day after the date on which the decision on the administrative law judge's proposal for decision is mailed or personally served on the party or the party's attorney of record shall cause the motion to be overruled by operation of law.

Source Note:The provisions of this §105.17 adopted to be effective April 8, 1997, 22 TexReg 3213; amended to be effective December 6, 1998, 23 TexReg 12292.