Section 1.38 - Motions for Rehearing(a) Filing motion. A party must file a motion for rehearing with the executive director within the period provided by the APA for such a filing. In addition to information required by the APA, the motion must contain: (1) the name and representative capacity of the person filing the motion;(2) the style and official docket number assigned by SOAH, and a department reference number, if applicable;(3) the date of the decision or order; and(4) a concise statement of each alleged error.(b) Reply to motion for rehearing. A reply to a motion for rehearing must be filed with the executive director within the period provided by the APA for such a reply.(c) 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.(d) Notice of ruling. After a ruling is issued on a motion for rehearing, the executive director will send a copy of the ruling in the manner provided by the APA to each party or the party's authorized representative.43 Tex. Admin. Code § 1.38
The provisions of this §1.38 adopted to be effective November 18, 2010, 35 TexReg 10053; Amended by Texas Register, Volume 41, Number 24, June 10, 2016, TexReg 4293, eff. 6/15/2016