A motion for rehearing may be filed by any party with the Commission by filing it with the Office of the General Counsel within 25 days of the date which the decision or order that is the subject of the motion is signed, unless the time for filing the motion for rehearing has been extended under Texas Government Code §2001.142, by an agreement under Texas Government Code §2001.147, or by a written Commission order issued under Texas Government Code §2001.146(e). The motion must identify with particularity findings of fact or conclusions of law that are the subject of the complaint and any evidentiary or legal ruling claimed to be erroneous. The motion must also state the legal and factual basis for the claimed error. Any reply to a motion for rehearing must be filed within 40 days after the date which the decision or order that is the subject of the motion is signed, or not later than the 10th day after the date a motion for rehearing is filed if the time for filing the motion for rehearing has been extended by an agreement under Texas Government Code §2001.147, or by a written state agency order issued under Texas Government Code §2001.146(e). The Commission shall act on a motion for rehearing within 55 days of the date the decision or order that is the subject of the motion is signed, or the motion is overruled by operation of law. The Commission may, on its own initiative or on the motion of any party for cause shown, by written order extend the time for filing a motion or reply or taking agency action under Texas Government Code §2001.146, provided that the Commission extends the time or takes the action not later than the 10th day after the date the period for filing a motion or reply or taking agency action expires. The Executive Director or the Charitable Bingo Operations Director, as appropriate, may act on behalf of the Commission to extend the time for the Commission to act on a motion for rehearing if such motion cannot be considered by the Commission prior to the time it will expire by operation of law. An extension may not extend the period for Commission action beyond the 100th day after the date the decision or order that is the subject of the motion for rehearing is signed. In the event of an extension, a motion for rehearing is overruled by operation of law on the date fixed by the order or, in the absence of a fixed date, the 100th day after the date of the decision or order that is the subject of the motion is signed.

Source Note: The provisions of this §401.220 adopted to be effective April 28, 1992, 17 TexReg 2781; transferred effective December 27, 1993, as published in the Texas Register January 4, 1994, 19 TexReg 78; amended to be effective February 17, 1995, 20 TexReg 640; amended to be effective March 31, 2010, 35 TexReg 2556; amended to be effective December 31, 2015, 40 TexReg 9632