(a) A decision is final:
  (1) if a motion for rehearing is not filed on time, on the expiration of the period for filing a motion for rehearing;
  (2) if a motion for rehearing is filed on time, on the date:
    (A) the order overruling the motion for rehearing is rendered; or
    (B) the motion is overruled by operation of law;
  (3) if the Commissioner finds that an imminent peril to the public health, safety, or welfare requires immediate effect of a decision or order, on the date the decision or order is rendered; or
  (4) if the decision or order is rendered pursuant to the Act, §23-2.E, on the date it is rendered.
(b) If a decision or order is final under subsection (a)(3) of this section, the Commissioner must recite in the decision or order the finding made under subsection (a)(3) of this section and the fact that the decision or order is final and effective on the date rendered.
(c) A person who is aggrieved by a final decision of the Commissioner in a contested case may seek judicial review of the decision. Judicial review of such a decision is under the substantial evidence rule.

Source Note: The provisions of this §105.16 adopted to be effective April 3, 2012, 37 TexReg 2165