(a) A motion for rehearing of a final order issued by the board or a person delegated final order authority for a complaint filed under Occupations Code, Chapter 2301, Subchapters E or M shall proceed in accordance with Occupations Code, §2301.713.     
      (b) A hearings examiner shall prepare a final order as soon as possible, but not later than 60 days after the hearing is closed, or as otherwise provided by law. The final order shall include the hearings examiner's findings of fact and conclusions of law. The final order shall be sent by the department to all parties by certified mail.     
      (c) A party who disagrees with the final order may file a motion for rehearing in accordance with Government Code, Chapter 2001, subject to Occupations Code, Chapter 2301, Subchapter O. A motion for rehearing of a final order issued by a hearings examiner must:      
        (1) be filed with the chief hearings examiner;       
        (2) include the specific reasons, exceptions, or grounds asserted by a party as the basis of the request for a rehearing; and       
        (3) recite, if applicable, the specific findings of fact, conclusions of law, or any other portions of the final order to which the party objects.       
      (d) Replies to a motion for rehearing must be filed with the chief hearings examiner in accordance with Government Code, Chapter 2001, subject to Occupations Code, Chapter 2301, Subchapter O.     
      (e) If the chief hearings examiner or the chief hearings examiner's designee grants a motion for rehearing, the parties will be notified by mail and a rehearing will be scheduled promptly. After rehearing, a final order shall be issued with any additional findings of fact or conclusions of law, if necessary to support the final order. A hearings examiner may issue an order granting the relief requested in a motion for rehearing or requested in a reply to a motion for rehearing without the need for a rehearing. If a motion for rehearing and the relief requested is denied, an order will be issued.     
      (f) A party who has exhausted all administrative remedies and who is aggrieved by a final order in a contested case from which appeal may be taken is entitled to judicial review pursuant to Government Code, Chapter 2001, subject to Occupations Code, Chapter 2301, Subchapter P, under the substantial evidence rule. A copy of the petition for judicial review must be served on the final order authority and any other parties of record. After service of the petition and within the time permitted for filing an answer, the final order authority shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding. If the court orders that new evidence be presented to the final order authority, the final order authority may modify the findings and decision or order by reason of the new evidence, and shall transmit the additional record to the court.     
     Source Note:        The provisions of this §215.207 adopted to be effective July 5, 2012, 37 TexReg 4950; amended to be effective March 11, 2014, 39 TexReg 1728; amended to be effective February 13, 2017, 42 TexReg 571; amended to be effective July 20, 2022, 47 TexReg 4151