Sec. 36.412.  REQUEST FOR REHEARING OR FINDINGS OF FACT AND CONCLUSIONS OF LAW.  (a)  An applicant in a contested or uncontested hearing on an application or a party to a contested hearing may administratively appeal a decision of the board on a permit or permit amendment application by making a request in writing to the board.
(a-1)  A party seeking to appeal a decision by the board must request written findings of fact and conclusions of law not later than the 20th day after the date of the board's decision unless the board issued findings of fact and conclusions of law as part of the final decision.
(b)  On receipt of a timely written request under Subsection (a-1), the board shall make written findings of fact and conclusions of law regarding a decision of the board on a permit or permit amendment application.  The board shall provide certified copies of the findings of fact and conclusions of law to the person who requested them, and to each designated party, not later than the 35th day after the date the board receives the request.
(b-1)  A party to a contested hearing may request a rehearing not later than the 20th day after the date the board issues the findings of fact and conclusions of law.
(c)  A request for rehearing must be filed in the district office and must state the grounds for the request.  If the original hearing was a contested hearing, the party requesting a rehearing must provide copies of the request to all parties to the hearing.
(d)  If the board grants a request for rehearing, the board shall schedule the rehearing not later than the 45th day after the date the request is granted.
(e)  The failure of the board to grant or deny a request for rehearing before the 91st day after the date the request is submitted is a denial of the request.
(f)  The board shall consolidate requests for rehearing filed by multiple parties to the contested case hearing, but only one rehearing may be considered per matter.
Added by Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 17, eff. September 1, 2005.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 405 (H.B. 2179), Sec. 7, eff. June 10, 2015.
Acts 2023, 88th Leg., R.S., Ch. 436 (H.B. 1971), Sec. 5, eff. June 9, 2023.
Acts 2023, 88th Leg., R.S., Ch. 436 (H.B. 1971), Sec. 6, eff. June 9, 2023.