(a) A timely motion for rehearing is a prerequisite to judicial review and must be filed in accordance with chapter 2001 of the Texas Government Code.
(b) The motion for rehearing may be filed by mail to the Board's mailing address, in person at the Board's street address, or by fax to the Board's fax number.
(c) Standard for rehearing following a default dismissal. In the event that the respondent wishes to contest a final order issued following a default, the respondent must timely file a motion for rehearing as provided by Chapter 2001 of the Texas Government Code, and the motion for rehearing must show the following:
  (1) the default was neither intentional nor the result of conscious indifference;
  (2) the respondent has a meritorious defense;
  (3) a new hearing will not harm TBPG; and
  (4) the motion for rehearing must be supported by affidavits and documentary evidence of the above and show a prima facie case for a meritorious defense.
(d) Standard for rehearing following a dismissal for failure to prosecute. In the event that the applicant wishes to contest a final order issued following a dismissal for failure to prosecute, the respondent must timely file a motion for rehearing as provided by Chapter 2001 of the Texas Government Code, and the motion for rehearing must show the following:
  (1) the dismissal for failure to prosecute was neither intentional nor the result of conscious indifference;
  (2) the applicant has a meritorious application;
  (3) a new hearing will not harm TBPG; and
  (4) the motion for rehearing must be supported by affidavits and documentary evidence of the above and show a prima facie case for a meritorious application.

Source Note: The provisions of this §851.220 adopted to be effective September 25, 2017, 42 TexReg 5143; amended to be effective March 6, 2022, 47 TexReg 947